Title IX & Civil Rights

This guide is intended to help survivors of assault and harassment understand the basics of Title IX. It outlines the investigation and hearing process DeSales uses to deal with alleged violations. If you decide to move forward with a complaint, that information will be crucial.

But chances are, if you’re reading this page, you’ve recently been through a traumatic experience. Timelines and standards of proof are important, but our first priorities at the Title IX Office are:

1. Ensuring that you’re safe; and
2. Helping you navigate the aftermath of what happened.

You should also know that you will have a great deal of control over this process. Look at the first paragraph on this page. It says, “if you decide to” file a complaint. Reporting an incident won’t automatically trigger a police report, a hearing, or even an investigation. In some cases, such as when we have an obligation to protect the campus community, we may act on our own. But those situations are rare.

We will work with you to find the best path forward. Often that means putting supportive measures in place and nothing more. You don’t have to file a formal complaint or pursue charges in order for the University to accommodate and protect you. You can read more about this on the following pages.

Each section in this guide includes a link to the relevant part of the DeSales University Title IX & Non-Discrimination Policy. Please review that document as well. Institutional policies can be dense and hard to digest. Ours is no exception. If you have any questions, don’t hesitate to contact the Title IX office. We will be happy to explain things in simpler language.

Finally, you’re, understandably, going to want to talk with your support group about what’s going on. Speak with whomever you feel comfortable. But be aware that most employees of the school—including student workers like RAs, RHDs, and tutors—are what’s called mandatory reporters. By law, they have to report anything they’re told to the school.

If you want to speak to someone confidentially, there’s a list of confidential resources on the previous page.

What is Title IX?

Title IX is a broad Federal law that prohibits gender discrimination at schools. It applies to students, faculty and staff members, and even guests while they’re on campus. It states that no one can “be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity” based on their sex.

Title IX covers much more than unfair treatment because of someone’s gender. It includes:

Quid pro quo sexual harassment: an employee of the school or a student conditioning an aid, benefit, or service of the University on participation in unwelcome sexual conduct 

Hostile environment sexual harassment: unwelcome conduct based on gender that is so severe, pervasive, and objectively offensive that it denies equal access to DeSales’ programs

Sexual assault: forcible or non-consensual rape, sodomy, sexual assault with an object, or fondling

Non-Forcible Sex Crimes: Incest and statutory rape

Dating violence: violence committed by a person who is, or has been, in an intimate relationship with the victim

Domestic violence: violence committed by a current or former spouse of the victim, by someone who lives or has lived the victim as an intimate partner or spouse, or by a person who shares a child with the victim

Stalking: a course of conduct that would cause a reasonable person to fear for their safety, the safety of others, or suffer emotional distress

Because Title IX hearings aren’t criminal proceedings, the parties involved aren’t called defendants and victims. Instead, the survivor of an alleged violation is referred to as a complainant and those accused are called respondents. Similarly, the terms innocent and guilty don’t apply. Instead, a Title IX hearing determines whether or not the respondent is responsible or not responsible for violating University policy.

See “Glossary of Terms”

What is Consent?

Sexual contact without consent is an assault. Consent to engage in sexual activity must be knowing, voluntary, and clear. It can be communicated verbally, or by action (such as a nod). It can’t be achieved through force or coercion.

Individuals often perceive the same interaction differently. Because of this, it’s the responsibility of each party to determine that the other has consented before engaging in a sexual act. Consent can, of course, be withdrawn at any time. And consent for one type of sexual contact doesn’t imply an agreement to participate in any other sexual activity. 

See “Consent”

Consent & Incapacitation

If someone is unable to make rational, reasonable decisions, they lack the capacity consent to sexual activity. In other words, a person can’t agree to any kind of sexual contact if they can’t understand what’s happening. The most common reason for incapacitation is alcohol or drug use. But a person could also be incapacitated because of a mental or physical impairment.

There’s no bright line rule, like number of drinks consumed or blood alcohol content, that determines whether or not a person has the ability to consent. Instead, in Title IX hearings, incapacitation will be decided by considering all the indicators of an individual’s state. The determination will be based on what a sober, reasonable person in the Respondent’s position should have known. Being impaired by alcohol or other drugs is not a defense to any violation of this policy. 

See “Incapacitation”

Survivor Amnesty

DeSales will not punish you or report you to the police for minor violations, like underage drinking or drug use, related to an assault. If you were breaking a law or University rule at the time of the incident, don’t let that keep you from working with us. Our number one priority is supporting you.

See “Amnesty for Minor Policy Violations”

Supportive Measures

DeSales can offer a wide variety of accommodations to ensure that you’re safe and are able to succeed academically in the aftermath of an incident. The University can put these measures in place regardless of whether or not you file a formal complaint or avail yourself of the hearing process. Even if the assault or discrimination happened outside of the University’s jurisdiction we can, and want to, help.

Supportive measures are determined on a case-by-case basis. Common accommodations include:

• academic assistance such as tutoring
• changes in academic requirements, including the ability to take an incomplete or withdraw from a course without penalty
• housing or workspace relocation
• changes in dining arrangements
• time off from class or work
• no-contact orders or exclusion from campus (for non-student offenders)

The Title IX Office, with the help of the Office of Student of Accessibility, will work directly with your professors, your on-campus supervisors, and campus police (if necessary) to put these measures in place. We will protect your privacy as much as possible during that process.

DeSales also offers free, confidential counseling to all full-time students. A therapist can help you manage the after-effects of trauma. We strongly encourage you to make an appointment with the Counseling Center. 

See “Supportive Measures Available to Parties”

Timing

Supportive measures can be put into place quickly, usually within days of the initial meeting with a survivor.

The formal resolution process takes longer. If you decide to submit a formal complaint, that will trigger an investigation and, potentially, a hearing. DeSales will work to resolve the matter as quickly as possible. This is usually 90 business days from the filing of the complaint until a notification of outcome. But that timeline could vary depending on the specific case. Reasons for delay could include breaks in the academic calendar, the availability of the parties or witnesses, the scope of the investigation, or other unforeseen circumstances. Also, if there’s a simultaneous criminal investigation into the incident, the University may pause its process.

See “Estimated Timelines”

Informal Resolution

Not every student that files a complaint wants to avail themselves of the formal investigation and hearing process. The Alternate Resolution Process exists to give students a voice in the outcome of their case without having to navigate the technical and procedural requirements of a hearing. It’s a structured mediation between the complainant and respondent. DeSales will only initiate the Alternate Resolution Process if both you and the respondent agree to participate. You won’t have to confront the respondent, or even be in the same room with them, during the process. Either of you can withdraw at any point. The Alternate Resolution Process is flexible, but there are two paths it generally takes:

1. The Respondent Accepts Responsibility

If the person you’ve accused decides to accept responsibility for the policy violations, the formal process will pause. If you and the respondent can agree on the terms of sanctions and remedies, the process will end after both of you sign a binding resolution agreement.

2. Negotiated Resolution

The Title IX Coordinator will collaborate with you and the respondent to find a resolution that’s acceptable to you both. If either party withdraws or an agreement can’t be reached, the IR process will end and the formal resolution process will resume. 

See “Alternate Resolution Process”

Advisors

The law mandates that both complainants and respondents be represented by an advisor at Title IX hearings. Advisors serve a specific purpose there. They cross-examine the parties and witnesses. If the process gets to the hearing stage, you’ll need to find an advisor. If you can’t find one, DeSales will appoint an advisor (at no cost to you) to assist you at the hearing only.

During the rest of the process, you have the right to be accompanied by an advisor of your choice. That advisor may, but is not required to, be an attorney. Except for conducting questioning during the hearing, your advisor will be just that—an advisor. They must play a passive role. They are not permitted to speak on your behalf in meetings, insist that communication flow through them, or communicate directly with the University about the matter. Advisors must also follow the rules of decorum during the hearing itself.

If an advisor violates these rules, DeSales may exclude them from further participation. 

See “Advisors Available to the Parties”

Investigation

At the start of a formal investigation, the respondent will be sent a written notice detailing the allegations against them. You’ll get a copy too.

Then, an investigator will interview you, the respondent, and any other witnesses who have information about the alleged incident. They’ll also gather and review any physical evidence or documents that are relevant. You can provide your own evidence and suggest witnesses at any time during the investigation period. 

Before the investigation ends, you and the respondent will be given copies of the investigator’s draft report and a summary of the evidence that the investigator has uncovered. You will have 10 days to respond in writing.

The investigator will review those responses before drafting a final report. That final report will be given to both you and the respondent at least 10 days before the hearing. Also at this time, the Title IX Coordinator will appoint a decisionmaker or makers, who will oversee the hearing and decide whether or not the respondent is responsible. 

See “Title IX Formal Investigations”

Hearing & Determination

The University is required, by law, to conduct live hearings with cross-examination to determine responsibility.

Your level of engagement in that hearing is entirely your choice. You can make a statement to the decision makers but refuse to be cross-examined. You can agree to be questioned but decline to answer specific questions. You could even choose not to attend at all. Of course, opting out of parts, or all, of the hearing process could weaken your side of the story and, in turn, affect the outcome.

Also, if you’re uncomfortable being at the hearing in person, the University will arrange for you to participate virtually.

At the opening of the hearing, the investigator will present their final report. You and the respondent, through your advisors, can question the investigator about its contents.

After that, you and the respondent will both have the opportunity to address the decisionmaker(s). You will both also be able to present witnesses that support your version of the facts. At every stage, each party’s advisor will have an opportunity to ask questions of the other party and the witnesses. But, as stated above, any participant (parties or witnesses) can refuse to be cross-examined. 

After the hearing, the decisionmaker(s) will deliberate in private. The standard of proof will be a “preponderance of the evidence.” This means that, if it is more likely than not that the misconduct occurred, the respondent will be found responsible. You and the respondent will be notified of the outcome and any sanctions within 5 business days of the hearing’s conclusion.

See “Hearing Resolution Process for Conduct Prohibited by Title IX”

See “Available Remedies and Sanctions for Violations of the Policy”

Appeals

 The only grounds for appeal that will be considered are:

• A procedural irregularity that affected the outcome,
• New evidence (that wasn’t reasonably available before and would affect the outcome of the hearing),
• A conflict of interest or bias on the part of the investigator, decisionmakers, or the Title IX Coordinator.

Appeals must be submitted, in writing, within 5 days of receipt of the notice of the outcome. 

See “Appeals”

Privacy

DeSales will only share information with members of the University community who need to know about the complaint. The circle of people with knowledge will be kept as small as possible. On the University side, this is restricted to those who will work on the assessment, investigation, and resolution of the allegations.

If the case proceeds to the investigation stage, witnesses will be interviewed. This will likely include other students. During those interviews, the investigator will disclose the minimum amount of information necessary. Still, witnesses may be made aware of sensitive information.

All witnesses will be told to respect the privacy of everyone involved and will be instructed not to share information about the investigation, the allegations, or the outcome even after the process is complete.

If there is a significant health or safety risk, DeSales may contact the parents or guardians of a student. The University will generally consult with the student first before doing so.

DeSales is also required to report certain crimes, such as sexual assault, under a law called the Clery Act. Personally identifiable information is kept private, but the statistical information is published in DeSales’ Annual Security Report.

See “Privacy and Confidentiality of Reports and Other Information”

Impartiality

You have a right to impartiality throughout the investigation and hearing. The Title IX Coordinator will vet everyone involved to ensure that they don’t have any conflicts of interest or biases before assigning them to your case. If, at any time during this process, you have a concern about someone’s objectivity, raise the issue with the Title IX Coordinator. If you feel that the Title IX Coordinator is biased, report your concerns to the OCR Compliance Coordinator.

Also, as in the court system, students are presumed not responsible until the evidence shows that they have committed a violation of University policy.

See “Investigator Roles and Participants’ Responsibilities”

See “Appeals”

Retaliation

Retaliation for taking part in a Title IX investigation is strictly prohibited. No member of the University community—students, faculty, or staff—is allowed to treat you unfairly because you’ve made a complaint. They’re also prohibited from interfering in your participation in this process. Retaliation can take many forms, including: 

• Harassment, threats, or intimidation
• Pressuring someone to refuse to participate in an investigation or to give false information
• Spreading false information with an intent to harm someone’s reputation
• Unfair grades of restrictions from school activities

If you feel that another student, staff, or faculty member has retaliated against you, please let us know immediately. 

You, yourself, are also prohibited from retaliating against other participants. This includes the respondent, witnesses, potential witnesses, people with evidence or information concerning your case, and even people who are supporting or helping the other party. Retaliation will result in charges under Title IX.

_{Nothing in this document replaces or supersedes the University’s official Title IX policy. If there are conflicts between this guide and the official policy, the DeSales University Title IX & Non-Discrimination Policy controls.}

This guide will help you understand the basics of Title IX and give you a brief overview of how the investigation and hearing process works. It also outlines your rights and responsibilities as a Respondent.

Be assured that the University is committed to fairness at every point. The investigators and decisionmakers who work on your case will be unbiased. You will have the right to be assisted by an advisor of your choice. You will be able to examine the evidence against you. And you will have an opportunity to tell your side of the story.

Each section in this guide includes a link to the relevant part of the DeSales University Title IX Policy. Please review that document as well. Institutional policies can be dense and hard to digest. Ours is no exception. If you have any questions, don’t hesitate to contact the Title IX office. We will be happy to explain things in plainer language.

Finally, you’re, understandably, going to want to talk with your support group about what’s going on. Speak with whomever you feel comfortable. But be aware that most employees of the school—including student workers like RAs, RHDs and tutors—are “responsible employees.” By law, they have to report anything they’re told to the school. If you want to talk to someone confidentially, there’s a list of confidential resources on the prior page.

What is Title IX?

Title IX is a broad Federal law that prohibits gender discrimination at schools. It applies to students, faculty and staff members, and even guests while they’re on campus. It states that no one can “be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity” based on their sex.

Title IX covers much more than unfair treatment because of someone’s gender. It includes: 

Quid pro quo sexual harassment: an employee of the school or a student conditioning an aid, benefit, or service of the University on participation in unwelcome sexual conduct

Hostile environment sexual harassment: unwelcome conduct based on gender that is so severe, pervasive, and objectively offensive that it denies equal access to DeSales’ programs

Sexual assault: forcible or non-consensual rape, sodomy, sexual assault with an object, or fondling

Non-Forcible Sex Crimes: incest and statutory rape

Dating violence: violence committed by a person who is, or has been, in an intimate relationship with the victim

Domestic violence: violence committed by a current or former spouse of the victim, by someone who lives or has lived the victim as an intimate partner or spouse, or by a person who shares a child with the victim 

Stalking: a course of conduct that would cause a reasonable person to fear for their safety, the safety of others, or suffer emotional distress

Because Title IX hearings aren’t criminal proceedings, the parties involved aren’t called defendants and victims. Instead, the survivor of an alleged violation is referred to as a complainant and those accused are called respondents. Similarly, the terms innocent and guilty don’t apply. Instead, a Title IX hearing determines whether or not the respondent is responsible or not responsible for violating University policy. 

See “Glossary of Terms”

What is Consent?

Sexual contact without consent is an assault. Consent to engage in sexual activity must be knowing, voluntary, and clear. It can be communicated verbally, or by action (such as a nod). It can’t be achieved through force or coercion.

Individuals often perceive the same interaction differently. Because of this, it’s the responsibility of each party to determine that the other has consented before engaging in a sexual act. Consent can, of course, be withdrawn at any time. And consent for one type of sexual contact doesn’t imply an agreement to participate in any other sexual activity.

See “Consent”

Consent & Incapacitation

If someone is unable to make rational, reasonable decisions, they lack the capacity consent to sexual activity. In other words, a person can’t agree to any kind of sexual contact if they can’t understand what’s happening. The most common reason for incapacitation is alcohol or drug use. But a person could also be incapacitated because of a mental or physical impairment.

There’s no bright line rule, like number of drinks consumed or blood alcohol content, that determines whether or not a person has the ability to consent. Instead, in Title IX hearings, incapacitation will be decided by considering all the indicators of an individual’s state. The determination will be based on what a sober, reasonable person in the Respondent’s position should have known. Being impaired by alcohol or other drugs is not a defense to any violation of this policy.

See “Incapacitation”

Timing

DeSales will work to resolve all Title IX complaints as quickly as possible. This is usually 90 days from the filing of a formal complaint to the notification of outcome. But that timeline could vary depending on the specific case. Reasons for delay could include breaks in the academic calendar, the availability of the parties or witnesses, the scope of the investigation, or other unforeseen circumstances. Also, if there’s a simultaneous criminal investigation into the incident, the University may pause the on-campus process.

See “Estimated Timelines”

Advisors

The law mandates that both complainants and respondents be represented by an advisor at Title IX hearings. Advisors serve a specific purpose there. They cross-examine the parties and witnesses. If the process gets to the hearing stage, you’ll need to find an advisor. If you can’t find one, DeSales will appoint an advisor (at no cost to you) to assist you at the hearing only.

During the rest of the process, you have the right to be accompanied by an advisor of your choice. That advisor may, but is not required to, be an attorney. Except for conducting questioning during the hearing, your advisor will be just that—an advisor. They must play a passive role. They are not permitted to speak on your behalf in meetings, insist that communication flow through them, or communicate directly with the University about the matter. Advisors must also follow the rules of decorum during the hearing itself.

If your advisor violates these rules, DeSales may exclude them from further participation.

See “Advisors Available to the Parties”

Investigation

At the start of a formal investigation, you as the respondent will be sent a written notice detailing the allegations against you.

Then, an investigator will interview you, the complainant, and any other witnesses who have information about the alleged incident. They’ll also gather and review any physical evidence or documents that are relevant. You can provide your own evidence and suggest witnesses at any time during the investigation period.

Before the investigation ends, you and the complainant will be given copies of the investigator’s draft report and a summary of the evidence that the investigator has uncovered. You will have 10 days to respond in writing.

The investigator will review those responses before drafting a final report. That final report will be given to both you and the complainant at least 10 days before the hearing. Also at this time, the Title IX Coordinator will appoint a decisionmaker or makers, who will oversee the hearing and decide whether or not the respondent is responsible.

See “Title IX Formal Investigations”

Hearing & Determination

The University is required, by law, to conduct live hearings with cross-examination to determine responsibility. 

Your level of engagement in that hearing is entirely your choice. You can make a statement to the decisionmakers but refuse to be cross-examined. You can agree to be questioned but decline to answer specific questions. You could even choose not to attend at all. Of course, opting out of parts, or all, of the hearing process could weaken your side of the story and, in turn, affect the outcome.

Also, if you’re uncomfortable being at the hearing in person, the University will arrange for you to participate virtually.

At the opening of the hearing, the investigator will present their final report to the decision maker(s). You, and the complainant, through your advisors, can question the investigator about its contents.

After that, you and the complainant will both have the opportunity to address the decisionmaker(s). You will both also be able to present witnesses that support your version of the facts. At every stage, each party’s advisor will have an opportunity to ask questions of the other party and the witnesses. But, as stated above, any participant (parties or witnesses) can refuse to be cross-examined.

After the hearing, the decisionmaker(s) will deliberate in private. The standard of proof will be a “preponderance of the evidence.” This means that, if it is more likely than not that the misconduct occurred, you will be found responsible. You and the complainant will be notified of the outcome and any sanctions within 5 business days of the hearing’s conclusion.

See “Hearing Resolution Process for Conduct Prohibited by Title IX”

See “Available Remedies and Sanctions for Violations of the Policy”

Appeals

 The only grounds for appeal that will be considered are:

• A procedural irregularity that affected the outcome;
• New evidence (that wasn’t reasonably available before and would affect the outcome of the hearing);
• A conflict of interest or bias on the part of the investigator, decisionmakers, or the Title IX Coordinator.

You must submit your appeal, in writing, within 5 days of receiving notice of the outcome.

See “Appeals”

Informal Resolution

The Alternate Resolution Process exists to give students a voice in the outcome of their case without having to navigate the technical and procedural requirements of a hearing. It’s a structured mediation between the complainant and respondent. DeSales will only initiate the Alternate Resolution Process if both you and the complainant agree to participate. You won’t have to confront your accuser, or even be in the same room with them, during the process. Either of you can withdraw at any point. The Alternate Resolution Process is flexible, but there are two paths it generally takes:

1. The Respondent Accepts Responsibility

If you decide to accept responsibility for the policy violations, the formal process will be paused. If you and the complainant can agree on the terms of the sanctions and remedies, the process will end after you both sign a binding resolution agreement. If you can’t agree on terms, the formal process will resume. 

2. Negotiated Resolution

The Title IX Coordinator will collaborate with the you and the complainant to find a resolution that’s acceptable to you both. If either party withdraws or an agreement can’t be reached, the formal grievance process will resume.

See “Alternate Resolution Process”

Impartiality

You have a right to impartiality throughout the investigation and hearing. The Title IX Coordinator will vet everyone involved to ensure that they don’t have any conflicts of interest or biases before assigning them to your case. If, at any time during this process, you have a concern about someone’s objectivity, raise the issue with the Title IX Coordinator. If you feel that the Title IX Coordinator is biased, report your concerns to the OCR Compliance Coordinator.

Also, as in the court system, the respondent is presumed not responsible until the evidence shows that they have committed a violation.

See “Investigator Roles and Participants’ Responsibilities”

See “Appeals”

Privacy

DeSales will only share information with members of the University community who need to know about the complaint. On the University side, this is restricted to those who will work on the assessment, investigation, and resolution of the allegations.

At the investigation stage, witnesses will be interviewed. This will likely include other students. During those interviews, the investigator will disclose the minimum amount of information necessary. Still, witnesses may be made aware of sensitive information.

All witnesses will be told to respect the privacy of everyone involved and will be instructed not to share information about the investigation, the allegations, or the outcome even after the process is complete.

If there is a significant health or safety risk, DeSales may contact the parents or guardians of a student. The University will generally consult with the student first before doing so.

DeSales is also required to report certain crimes, such as sexual assault, under a law called the Clery Act. Personally identifiable information is kept private, but the statistical information is published in DeSales’ Annual Security Report. 

See “Privacy and Confidentiality of Reports and Other Information”

Supportive Measures

Being accused of violating Title IX can be disruptive and emotionally jarring. DeSales can offer you reasonable support and accommodations to help you navigate the time surrounding this process. Supportive measures are determined on a case-by-case basis. Common accommodations include:

• academic assistance such as tutoring
• changes in academic requirements, including the ability to take an incomplete or withdraw from a course without penalty
• housing or workspace relocation
• changes in dining arrangements
• time off from class or work
• no-contact orders

The Title IX Office, with the help of the Office of Student of Accessibility, will work directly with your professors, your on-campus supervisors, and campus police (if necessary) to put these measures in place. We will protect your privacy as much as possible during that process.

DeSales also offers free, confidential counseling to all full-time students. We strongly encourage you to make an appointment with the Counseling Center.

See “Supportive Measures Available to the Parties”

Retaliation

Retaliation for taking part in a Title IX investigation is strictly prohibited. No member of the University community—students, faculty, or staff—is allowed to treat you unfairly because you’ve been accused of violating Title IX. They’re also prohibited from interfering with your participation in the Title IX process. Retaliation can take many forms, including:

• Harassment, threats, or intimidation
• Pressuring someone to refuse to participate in an investigation or to give false information
• Spreading false information with an intent to harm someone’s reputation
• Unfair grades or restrictions from school activities

If you feel that another student or a staff or faculty member has retaliated against you, please let us know immediately.

You, yourself, are also prohibited from retaliating against anyone who is involved in your case. This includes the complainant, witnesses, potential witnesses, people with evidence or information concerning the incident, and even people who are supporting or helping the other party. Retaliation will result in separate charges under Title IX.

See “Retaliation”

_{Nothing in this document replaces or supersedes the University’s official Title IX policy. If there are conflicts between this guide and the official policy, the DeSales University Title IX & Non-Discrimination Policy controls.}

If you’re reading this section, you likely have information about an alleged violation of Title IX. As a witness, you will play a crucial role in the investigation and hearing processes. The information you provide will help the investigators and the decision makers piece together the facts of what happened.

You might have direct knowledge about the incident, meaning you yourself saw something. Or you could be in possession of secondary information, like a relevant text or email from someone that was involved. Both kinds of evidence are important.

This guide will give you an overview of what to expect. It briefly describes the Title IX process, and it will outline your role as a witness.

The information here isn’t, in any sense, comprehensive. There are links to the University’s full Title IX & Non-Discrimination Policy throughout this guide. Please take a look at that as well. Institutional policies can be dense and hard to digest. Ours is no exception. If you have any questions, don’t hesitate to contact the Title IX office. We will be happy to explain things in simpler language.

Finally, throughout this process, don’t lose sight of your own needs and emotional well-being. Proximity to an assault or harassment can be jarring—especially if you’re a survivor yourself. DeSales offers free counseling services to all full-time students. If your role as a witness is affecting you, please reach out to the Counseling Center.

What is Title IX?

Title IX is a broad Federal law that prohibits gender discrimination at schools. It applies to students, faculty and staff members, and even guests while they’re on campus. It states that no one can “be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity” based on their sex. When the University is notified that a member of the DeSales community has violated this law, they have to investigate and remedy the situation.

Title IX covers much more than unfair treatment because of someone’s gender. It includes:

Quid pro quo sexual harassment: an employee of the school or a student conditioning an aid, benefit, or service of the University on participation in unwelcome sexual conduct 

Hostile environment sexual harassment: unwelcome conduct based on gender that is so severe, pervasive, and objectively offensive that it denies equal access to DeSales’ programs

Sexual assault: forcible or non-consensual rape, sodomy, sexual assault with an object, or fondling

Non-Forcible Sex Crimes: Incest and statutory rape

Dating violence: violence committed by a person who is, or has been, in an intimate relationship with the victim

Domestic violence: violence committed by a current or former spouse of the victim, by someone who lives or has lived the victim as an intimate partner or spouse, or by a person who shares a child with the victim

Stalking: a course of conduct that would cause a reasonable person to fear for their safety, the safety of others, or suffer emotional distress 

Because Title IX hearings aren’t criminal proceedings, the parties involved aren’t called defendants and victims. Instead, the survivor of an alleged violation is referred to as a complainant and those accused are called respondents. Similarly, the terms innocent and guilty don’t apply. Instead, a Title IX hearing determines whether or not the respondent is responsible or not responsible for violating University policy.

See “Glossary of Terms”

The Process

There are two main parts to the Title IX process—an investigation and a hearing. As a witness, you might be asked to participate in either or both. 

After the University receives a complaint, the Title IX Office appoints an investigator. That person is responsible for gathering and summarizing all the relevant evidence. They interview any witnesses and compile other documents or information that have to do with the alleged incident. When they’re finished, they submit a written report of their factual findings to the decisionmakers. That investigator will be your point of contact throughout this process.

The investigator’s first step is to interview the survivor and the accused. Either of those parties can suggest potential witnesses. Or the investigator may determine on their own that someone has valuable information. 

This is where you come in. You may have already been contacted by the investigator who has asked you to speak with them about what you know. In that interview they’ll ask you questions about the allegation. They’ll also ask you if you have any physical evidence you want to submit (documents, texts, photos). As the investigation progresses, they may need to follow up the initial interview with additional conversations to ensure they understand the facts as well as possible.

If the process gets to the hearing stage, you may also be asked to speak there. You’ll be asked largely the same questions by the investigator and the decision makers. You could also, potentially, be questioned by the respondent and/or complainant’s advisors.  

See “Title IX Formal Investigations”

See “Hearing Resolution Process for Conduct Prohibited by Title IX”

Do I have to participate?

The University can’t force you to submit to an interview or to appear at a hearing. But we hope that, as a member of the DeSales community, you recognize your responsibility to contribute to this process. Title IX investigations and hearings are how the University keeps our students and employees safe and free from discrimination. The information you have, no matter how insignificant it may seem, could be critical in the furtherance of that goal.

Still, we understand the worries you might have about taking part. If you have concerns about serving as a witness, please talk to the investigator or the Title IX office about them. We will find a way for you to contribute within your comfort zone. Participation isn’t an all or nothing proposition. For example, an interview is usually the best way for an investigator to learn about what you know. But if that’s not possible, you could submit a written statement. You can also opt out of parts of the hearing if they make you uncomfortable. 

Privacy

Your Privacy

The University can’t guarantee confidentiality or anonymity for witnesses. DeSales will, however, protect your privacy as much as possible. We will not release personally identifiable or other protected information publicly. Your identity and the information you tell the investigator will only be shared only with those who have a legal right or other need to know.

By law, the respondent and the complainant have to be given an opportunity to respond to the information gathered by the investigator. This means that they will both be told your name and be given a summary of the relevant information you shared.

Also, in rare situations, the investigator may need to disclose information provided by one witness with other witnesses as a part of the fact-finding process.

The Privacy of the Parties

During interviews, the investigator will share the minimum amount information with you. They’ll only discuss details when it’s necessary to explain the questions being asked or to seek clarification. Still, even under those constraints, and simply by being a witness, you’ll be privy to sensitive information about the complainant, the respondent, and possibly others.

DeSales expects all witnesses to keep anything learned during the investigation or hearing private. Witnesses should respect the privacy of everyone involved. Please do not share information about the investigation, the allegations, or the outcome even after the process is complete.

See “Privacy and Confidentiality of Reports and Other Information”

Truthfulness

As a member of the DeSales Community you are expected to be forthcoming and honest when participating in the Title IX process. If you knowingly provide false information, tamper with or destroy evidence, or deliberately mislead the investigator or decision makers, you could be subject to discipline under the DeSales University Code of Conduct.

Retaliation

Retaliation for taking part in a Title IX investigation is strictly prohibited. No member of the University community—students, faculty, or staff—is allowed to treat you unfairly because your participation as a witness. They’re also prohibited from interfering, or attempting to interfere, with your ability to act as a witness. Retaliation can take many forms, including: 

• Harassment, threats, or intimidation
• Pressuring someone to refuse to participate in an investigation or to give false information
• Spreading false information with an intent to harm someone’s reputation including on social media sites
• Unfair grades or restrictions from school activities

If you feel that another student, staff or faculty member has retaliated against you in any way, please let the Title IX office know immediately.

See “Retaliation”

Amnesty

DeSales won’t punish students or report them to the police for minor violations, like underage drinking or drug use, related to their roles as witnesses. If you were breaking a minor law or University rule at the time of the incident, don’t let that deter your from working with us. The alleged assault or harassment is the Title IX Office’s main concern.

See “Amnesty for Minor Policy Violations”

_{Nothing in this document replaces or supersedes the University’s official Title IX policy. If there are conflicts between this guide and the official policy, the DeSales University Title IX & Non-Discrimination Policy controls.}

Sexual violence and its prevention are what students usually associate with Title IX. You’ve probably been though a training (or multiple trainings) where you learned about sexual assault, consent, and bystander intervention. But Title IX also protects students who are pregnant, were recently pregnant, or have a pregnancy-related condition.

The federal regulations that govern Title IX state that colleges may “not discriminate against any student, or exclude any student from its education program or activity, including any class or extracurricular activity, on the basis of such student’s pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery therefrom.”

This guide will help you understand what that means in practice and will outline the ways DeSales can help students that are pregnant or have pregnancy-related conditions.

See “Appendix A: Pregnancy or Related Conditions”

Talk to Our Offices Early

The Title IX Office and the Office of Student Accessibility exist to help students navigate exactly these kinds of situations. The earlier you let us know about your condition, the more effective we can be. As soon as you’re aware that you might need accommodations or other help, get in contact with us.

Ensuring Equitable Access

After the Title IX office is notified about a student’s condition, we will begin the process of implementing reasonable accommodations. The key word is “reasonable.” DeSales can’t make changes that fundamentally alter the nature of an educational program or activity. But we will work with you, in conjunction with the Office of Student Accessibility, to make changes to our policies, procedures, and practices that ensure continued equitable access. Modifications are made based on the student’s individual needs and need to be directly related to the pregnancy or related condition. Common accommodations include:

• Breaks during class to express milk, breastfeed, or attend to health needs related to the pregnancy
• Intermittent absences for medical appointments
• Changes in course schedules
• Extensions for coursework or rescheduling of exams
• Allowing a student to sit, stand, or keep water nearby
• Access to online education
• Changes in physical space (such as a larger desk or chair)

See “Ensuring Equitable Access”

Absences & Leaves of Absence

The University will excuse all medically necessary absences. But you’re still required to follow normal protocols for missing class. Unless there is an unforeseen emergency, you will need to inform your professors ahead of time that you won’t be attending a class or activity (such as a practicum, work study, or a lab). Failure to pre-arrange missed classes or other commitments without good reason could result in unexcused absences.

Students are expected to spread their absences evenly among all classes, as opposed to continually missing the same course. Sometimes that isn’t possible, especially if specialty care appointments are necessary. If your absences are going to disproportionately affect a single course, let our offices know and we’ll work with you to find a solution.  

DeSales may also allow you to take a voluntary leave of absence. When you come back, you will be reinstated to the same academic status and, if practicable, to the extracurricular status that you held before you left.

See “Voluntary Leaves of Absence”

Lactation Spaces

If necessary, the University will work with you to ensure that you have access to a suitable lactation space. Currently there is one lactation pod on campus located on the main floor of the Gambet Center. For other areas of campus, we will help you find a clean space that is not a bathroom, is shielded from view, and free from intrusions.

See “Lactation Time and Space”

Privacy

Information about your pregnancy or related condition will only be shared with those who need to know. Our offices will work directly with your professors to make academic adjustments. In many cases they won’t be told any details, it will simply be communicated that you have a medical condition that needs to be accommodated.

See “Disclosure of Supportive Measures”

Documentation

DeSales does not require that students prove they’re pregnant. For the most part, we will take you at your word when you communicate your medical and other needs to the University. However, making deliberately false statements or misleading a University official are serious offenses and could result in discipline either under the Title IX policy or the DeSales Student Code of Conduct.

Individual professors should not ask for proof of your condition.

See “Supporting Documentation”

Harassment & Discrimination

Title IX prohibits all forms of harassment based on gender, including pregnancy. No member of the DeSales community—students, faculty, or staff—should make negative comments based on your condition. If someone calls you sexually charged names, comments on your sexual activity, or makes any disparaging statements about your pregnancy or related condition contact the Title IX office immediately.

Along the same lines, no employee of the University may prohibit you from participating in a school activity because of your pregnancy or related condition. They also may not require you to prove that an activity is safe for you, unless they require doctor’s notes from all other students before participation.

Financial Aid

You won’t lose any of current scholarships or financial aid because of your pregnancy or related condition. But, depending on your circumstances, future aid calculations might be impacted. For example, having a child, or moving back in with your parents, could affect your FASFA status or your Student Aid Index (SAI). It’s a good idea to make an appointment with the Financial Aid Office to ensure you’re not caught off guard by any of these changes.

Regional & National Resources for Pregnant Students

Cay Galgon Life House 

Free pregnancy testing, counseling, case management, basic baby necessities, adult hygiene products, consumable goods, transitional housing, and agency referrals. 

714 West Broad Street,
Bethlehem, PA 18018
610-867-9546

Catholic Charities

Berks County: 234 Grace Street, Reading | 610-376-7144 

Lehigh/Northampton County: 900 S. Woodward Street, Allentown | 610-435-1541 

Schuylkill/Carbon County: 319 Mahantongo Street, Pottsville | 570-628-0466 

Pregnancy and Parenting Support Program including free pregnancy tests, baby supplies, counseling services to girls and women. 

Bright Hope Partners

• Lehigh County: 2200 Hamilton Street, Suite 108, Allentown | 610-821-4000 
• Northampton County: 2204 Northampton Street, Easton | 610-821-4000 
• Free pregnancy tests, free ultrasound screenings, free STI/STD testing, life coaching, education, transitional housing 

Lifeline of Berks County

• 612 Reading Avenue, West Reading, PA 19611 
• 610-374-8545 
• info@lifelineofberks.org
• Free pregnancy tests, peer counseling, referrals and other assistance, post-abortion counseling, adoption assistance, etc. 

Mary’s Shelter 

• 615 Kenhorst Boulevard, Reading, PA
• 610-376-1973
• Temporary housing, counseling, prenatal care, education, parenting classes 

Life’s Choices 

• Kutztown: 443 West Main Street, Kutztown | 610-683-8000 
• Hamburg: 326 State Street, Hamburg | 484-660-3526
• Pregnancy tests, ultrasounds, pregnancy and childbirth classes, parenting and life classes, pregnancy loss support 

Birthright of Frackville 

10 N. Lehigh Avenue, Frackville 
570-874-2621 

Pregnancy, Childbirth, Adoption, Prenatal Care, Community Programs, Parenting Skills, Child Care, referrals 

Standing With You 

Standing With You serves as a directory to connect women with pregnancy resources and does not have an affiliation with every resource listed. Standing With You is an initiative by Students For Life.  

_{Nothing in this document replaces or supersedes the University’s official Title IX policy. If there are conflicts between this guide and the official policy, the DeSales University Title IX & Non-Discrimination Policy controls.}

Survivors are far more likely to turn to their social support group than anyone else. Two thirds of people who have been sexually assaulted confide in a friend about what happened. Only five percent officially report the incident. If you’re reading this page, you are likely one of those trusted friends.

Finding out that someone you care about has been hurt can be difficult. You’re probably emotionally shaken right now. You could be feeling any number of things. Anger, shock, anxiety, and guilt are all common. There’s no “correct” reaction to being told about a sexual assault.

You might also feel helpless—that there’s nothing you can do to make the situation better. That’s untrue. Having an understanding friend can be invaluable for survivors. Simply listening to and supporting the survivor can have a dramatic positive impact.

This guide is intended to help you navigate that role. The experience of every survivor is unique. So, there’s no universal set of steps or actions that you need to take. There’s also no specific timeline that survivors follow in their recovery. Everyone processes trauma in their own way. Still, there are a few generally applicable points to keep in mind.

Take Care of Yourself

First, make sure that you’re not compromising your own emotional wellbeing for the sake of your friend. Supporting someone through trauma can be stressful and draining. Keep an eye on your mental health. If things are too much for you, it’s okay to step back. Gently tell your friend you care about them, you appreciate the trust they’ve instilled in you, but you don’t have the emotional bandwidth to be as available as they need. Then point them to other potential resources.

Similarly, don’t hesitate to seek counseling for yourself if necessary.

Direct Them to Campus Resources

Students at DeSales have access to a wide variety of services that can help them deal with the aftermath of trauma. Even if you’re willing and able to be a part of your friend’s recovery, you should encourage them to take advantage of University resources. If you’re able, offer to accompany them to any appointments they make.

If your friend needs medical attention, the University Health Center has nursing care available daily Monday through Friday and has a physician onsite most weekdays. All services provided by the Health Center are confidential.

DeSales University Health Center
Dorothy Day Student Union
610-282-1100 ext. 1776

Professional counseling is crucial for survivors. Therapy can help mitigate some of the aftereffects of trauma like flashbacks, nightmares, and anxiety. Addressing the assault early might also prevent the survivor from developing PTSD. Confidential counseling is available to all full-time students free of charge through University Counseling Services.

DeSales University Counseling Services
Dorothy Day Student Union
610-282-1100 ext. 1462

The University Chaplain is also available to offer confidential counseling.

Daniel Lannen, OSFS
DeSales University Chaplain
117 Dorothy Day Student Union
610.282.1100 ext. 1393
daniel.lannen@desales.edu

If your friend would like to talk with someone off campus, the Crime Victim’s Council of Lehigh Valley offers a wide range of services, including a 24-hour crisis hotline, counseling, and court advocacy.

Crime Victim’s Council of Lehigh Valley
24-Hour Hotline: 610-437-6611
65 E. Elizabeth Avenue Suite 208
Bethlehem, PA 18018 

Finally, the Title IX office at DeSales exists specifically to help students who have been sexually assaulted or harassed. Survivors can be hesitant to reach out to our office for fear that informing us will automatically trigger an investigation, a police report, or a hearing. That’s not how things work. Students have a great deal of control over what steps are taken. The bulk of our work is supportive rather than disciplinary. The Title IX Office can put measures in place to help your friend get through this difficult time.

These supportive measures are determined on a case-by-case basis. Common accommodations include:

• academic assistance such as tutoring
• changes in academic requirements, including the ability to take an incomplete or withdraw from a course without penalty
• housing or workspace relocation
• changes in dining arrangements
• time off from class or work
• no-contact orders or exclusion from campus (for non-student offenders)

More detailed information can be found in our Resource Guide for Survivors of Sexual Assault.

See “Resource Guide for Survivors”

See “Supportive Measures Available to Parties”

Respect your Friend’s Privacy

Your friend gets to decide who knows about the assault. If someone is in immediate danger, of course, call the appropriate authorities. But in all other cases, don’t tell anyone about your friend’s experience without their explicit permission. And don’t assume that any of their other friends know anything.

You might want to confront the person who hurt your friend. Or call them out publicly for what they did. It’s common for well-meaning allies of survivors to post accusations on social media. Resist these urges. An instinctual desire to defend a friend is admirable. But acting on their behalf, without their consent, could do far more harm than good.

Making the situation public in any way will inevitably lead to questions from other concerned people. Every time your friend has to talk about the assault, it could potentially re-traumatize them. Also, broadcasting details about the incident could compromise criminal or on-campus investigations.

Finally, remember, until a case has gone through the University or criminal adjudication process, everything is an allegation, not a fact. It might be hard to feel empathy or compassion for the person who hurt your friend. But those accused deserve to be treated fairly and with respect too. Spreading rumors about another student’s involvement in the Title IX process not only violates our core, Salesian values, but could also result in discipline for those who spread misinformation.

Mandatory Reporting

Most employees of the school are what’s called “responsible employees.” By law they have to report any incidents of sexual assault or harassment to the Title IX office. This includes student employees, like RAs, TAs, and tutors. The only confidential campus resources are listed above—the Counseling Center, the Health Center, and the University Chaplain. If you tell any other DeSales employees about your friend, they will contact the Title IX office. That doesn’t mean you shouldn’t seek advice from people who are in a position to help. But, unless you have permission, do so without disclosing names or identifying details.

See “DeSales Employees’ Reporting Obligations”

Listen Well & Without Judgment

Take what your friend tells you about the incident at face value. You’re not in charge of investigating the facts. You have one main job—believing your friend. Listen to their story and agree with it. Don’t worry about inconsistencies or memory gaps. Those are common in survivors.

Also assure your friend that this wasn’t their fault. Self-blame is frequent among survivors of all crimes. Help them understand that no matter the circumstances, they are not responsible for what happened. Don’t theorize about what your friend might have done differently. Avoid implying any level of culpability on their part.

Let your friend do most of the speaking. If you’re hearing your own voice as much as theirs, you need to adjust. If you have other friends who’ve been through something similar, avoid making comparisons. Let the focus stay on squarely on your friend and their experience.

Validate Their Feelings & Check Your Own

Supporting your friend means supporting their emotions. Every survivor reacts differently, but most will experience intense feelings in the days, weeks, and months after an assault. They may also swing from one extreme mood to another. There’s no timeline for when someone should “start feeling better” or “get over” the assault. And emotional healing is rarely a straight-line progression. You friend may seem to be doing better, then have a set-back and fall apart the next day. Be ready for this and accept their state of mind without judgment.

You, yourself, are also going to have strong emotions about what happened. That’s understandable. But your friend needs calm, caring, and steady support. Bringing your feelings into the mix could add to the immense emotional burden your friend is already carrying. You can best help them by being a cool-headed and collected presence in their lives.

Give Them Control

Sexual assault often takes away a person’s sense of power and control. Help your friend by giving them agency whenever you can.

When they’re sharing their experience with you, let them do so at their own pace. Don’t interrogate them or push them to tell you more than they’re ready to.

When discussing next steps, give them advice and options, but let them make the final decisions. Accept those decisions without pushback, even if you disagree with their choices. For example, you may think they need to go to counseling. You might be right. But if the survivor isn’t ready, trying to force them to make an appointment could add to their feeling of powerlessness.

Whenever possible, not just in dealing directly with the incident, let them make choices. Having authority over even small decisions in their lives can help a survivor begin to feel empowered again.

Do the Best You Can

The job of supporting your friend may seem intimidating. But the mere fact that you’ve found this guide, and read this far, means that you care and want to help in the best possible way. That, in and of itself, is really important.

No one, including your survivor friend, expects you to be perfect. A lot of the advice above asks you to accept your friend without judgment. Extend that same grace to yourself.  If you make a mistake, aren’t as patient as you want to be, or need to take a break from the tough job of supporting the survivor, that’s okay. Think longer term than a single action on your part. In the long run, just being there and doing your best can do a world of good.

Finally, supporting your friend might be a thankless job. Survivors rarely have the emotional ability to truly express their appreciation for those around them. Their chronic sense of danger can activate a withdrawal response. So, in case you’re not hearing it enough: thank you. What you’re doing is incredibly valuable.