PAFA’s Response to Reports

PAFA will review and respond to all Reports. Upon receiving a Report, the Title IX Coordinator will promptly contact the Complainant to provide information, advise them of the availability of Supportive Measures and on- and off-campus resources, and discuss the procedural options available to the Complainant under this Policy, including the Informal Resolution Process and pursuing a Formal Resolution Process. PAFA will also assess whether there are any immediate threats to health or safety that must be addressed.

Importantly, if the alleged conduct, if established, would not constitute a violation of this Policy, the Title IX Coordinator will inform the Complainant of any other resources and options available, which may include referring the matter for action under a separate policy. Similarly, in cases in which the Respondent is not an PAFA affiliate and the Formal Resolution Process would not be available to the Complainant, the Title IX Coordinator will offer Supportive Measures and take other action as appropriate, if any, to address the behavior at issue.

At all times, PAFA will treat Complainants and Respondents equitably.

Supportive Measures

Supportive Measures are non-disciplinary, non-punitive individualized measures offered, as reasonably available, without fee or charge. Supportive Measures are designed to restore or preserve the Parties’ equal access to PAFA’s Programs and Activities, including by protecting the safety of the Party/Parties or PAFA’s educational environment, and/or by providing support to the Party/Parties during the Informal Resolution Process or Grievance Process.

Supportive Measures are available regardless of whether the matter is reported to PAFA for the purpose of initiating a proceeding under this Policy and before, after, and regardless of whether a Complaint is ever filed.

Supportive Measures are designed to restore or preserve equal access to PAFA’s Education Program or Activity without unreasonably burdening either Party. They may, but may not, be modified or terminated at the conclusion of the Formal Resolution Process or Informal Resolution Process. Examples of Supportive Measures include, but are not limited to, the following:

• Ability to move residences;

• Change in work schedules; 

• Alterations to academic schedules; 

• Withdrawals or permission to retake classes without penalty;

• Access to academic support; 

• Modification or relief regarding financial aid; 

• On-campus escort services; 

• Counseling;

• Mutual restrictions on contact between the parties;

• Assistance in access community health resources; and

• Any combination of these measures.

Changes in class, work, housing, extracurricular, and/or other activities may be made regardless of whether there is or is not a comparable alternative.

A Party may seek modification or reversal of decisions to provide, deny, modify, or terminate Supportive Measures applicable to that Party by contacting: Dr. Lisa Biagas., Chief Operating Officer. In the event of such challenges, the decisionmaker will be someone other than the person who made the decision being challenged and will have the authority to make the requested modification or reversal. In the event of a material change in circumstances affecting Supportive Measures, subsequent opportunities for review may be sought.

PAFA will maintain Supportive Measures provided to the Complainant or Respondent as confidential—including by not informing one Party of Supportive Measures provided to another Party—except when necessary to provide the Supportive Measures or restore or preserve a Party’s access to PAFA’s Education Program or Activity.

Accommodations for Individuals with Disabilities

If a Party is an individual with a disability, that Party is entitled to reasonable accommodations that would enable them to participate in all processes provided for under this Policy, including, but not limited to, making a Report or Complaint, participating in an Informal Resolution Process, and/or participating in an investigation and adjudication under the Formal Resolution Process. If an individual with a disability requires such reasonable accommodations, they should promptly notify the Title IX Coordinator. In cases in which a Party is a Student with a disability, the Title IX Coordinator may consult, as appropriate, with the Party or the Office of Institutional Safety (for students). In cases in which a Party is an employee with a disability, the Title IX Coordinator may consult, as appropriate, with the Party or the Human Resources Manager

A Party should not assume that the Title IX Coordinator is on notice that they are an individual with a disability, even if the Party is registered to receive accommodations via Human Resources or another PAFA academic or administrative unit.

Emergency Removal and Administrative Leave

Emergency Removal of a Student Respondent

A Respondent may be removed from PAFA’s Education Program or Activity, or certain aspects thereof—such as, but not limited to, access to PAFA facilities, housing, classes, and/or student activities—if, after conducting an individualized safety and risk analysis, PAFA determines that an immediate and serious threat to the health or safety of a Complainant, any PAFA Students, employees, or other persons, arising from the alleged from the alleged Sex Discrimination, justifies removal. In the event of such removal, the Respondent is given the opportunity to seek modification or reversal of the removal.

Administrative Leave of an Employee Respondent

PAFA may place an employee Respondent on administrative during the pendency of an investigation and resolution process as outlined below.  Administrative leave may include complete removal from the PAFA workplace or limitations on access to the workplace.

PAFA, in its discretion and based on the circumstances, will determine whether any administrative leave is to be imposed with or without pay or benefits.

Process for Addressing Reports and Complaints under this Policy

PAFA uses the following Procedures to address allegations of Prohibited Conduct and to impose sanctions, as appropriate, for violations of the Policy.

At all times, it is within PAFA’s discretion to determine which policies and procedures apply and under which policy or policies action may be taken. Some Prohibited Conduct may result in separate and additional proceedings under multiple PAFA policies.

In some cases, harassment may be based on multiple protected class bases included in PAFA’s Equal Opportunity – Nondiscrimination Policy. In general, harassment involving protected class bases other than sex might fall under other PAFA policies. For matters involving Student Respondents, this would include the Student Code of Conduct in the Student Regulations and Policies Guide (pages 6-8).

For matters involving Employee or Third-Party Respondents, this could include, but is not limited to the Anti-Harassment Policy. Where reported harassment may be based on both sex and another protected class basis (e.g., race, color, national origin, age, marital status, disability, religion, height, weight, or veteran status), the Title IX Coordinator will consult with other PAFA officials, as needed, to determine whether the matter is most appropriately addressed under this Policy or another University Policy, or whether different aspects of the matter should be addressed separately under each.

Coordination

The Title IX Coordinator has primary responsibility for coordinating efforts for investigation, resolution, implementation of sanctions, and monitoring the educational environment and workplace related to violations of this Policy. The Title IX Coordinator may coordinate with other PAFA administrators to investigate certain complaints and to implement and monitor sanctions.

Initial Assessment

When alleged Prohibited Conduct is first reported to the Title IX Coordinator, the Title IX Coordinator will:

1. Assess the nature and circumstances of the report—including whether the names and/or other personally identifying information for the Complainant, Respondent, any witnesses, and/or any other individual with knowledge was provided—to facilitate appropriate follow-up; and

2. Assess the nature of the allegations to identify the grievance process or resolution options that might be available.

Where the Title IX Coordinator determines that this Policy does not apply, such as when the report does not describe possible Prohibited Conduct, the Title IX Coordinator may refer the report to another PAFA office or process for resolution, including referral to Student Services, Dean’s office, or the President’s office for review.

Matters Involving Third Parties or Non-Participating Complainants

There are some matters in which a Complaint involves a Respondent unaffiliated with PAFA, or the Complainant does not wish to file a Formal Complaint after a report is made. These matters will be addressed as outlined below.

1.    Formal Complaints Against Unaffiliated third parties: Generally, if a report of Prohibited Conduct is made against someone who has no affiliation with PAFA, PAFA’s ability to take direct action against such a person may be limited. PAFA will still take steps to inform the Complainant of support and assistance available through PAFA resources and resources available from entities outside of PAFA (including law enforcement).

2.  Complainant Request for No Investigation or to Not Participate in an Investigation: In some instances, the Complainant may not wish to make a Complaint or participate in any process (Complainants are encouraged, but not required, to participate in this process).  In the absence of a Complaint made by a Complainant, or in the event of the withdrawal of any or all of the allegations in a Complaint, the Title IX Coordinator will determine whether to initiate a Complaint. Such a determination is fact-specific and will be made in consideration of factors including, but not limited to:

·      The Complainant’s request not to proceed with initiation of a Complaint;

·      The Complainant’s reasonable safety concerns regarding initiation of a Complaint;

·      The risk that additional acts of Sex Discrimination would occur if a Complaint is not initiated;

·      The severity of the alleged Sex Discrimination, including whether, if established, PAFA would require the removal of the Respondent from campus or impose another Disciplinary Sanction to end the Sex Discrimination and prevent its recurrence;

·      The age and relationship of the Parties, including whether the Respondent is an employee;

·      The scope of the alleged Sex Discrimination, including information suggesting a pattern, ongoing conduct, or conduct alleged to have impacted multiple individuals;

·      The availability of evidence to assist a decisionmaker in determining whether Sex Discrimination occurred; and

·      Whether PAFA could end the alleged Sex Discrimination and prevent its recurrence without initiating the Formal Resolution Process.

If, after considering these and other relevant factors, the Title IX Coordinator determines that the conduct as alleged presents an imminent and serious threat to the health or safety of the Complainant or other person, or that the conduct as alleged prevents PAFA from ensuring equal access on the basis of sex to its Education Program or Activity, the Title IX Coordinator may initiate a Complaint. Prior to doing so, the Title IX Coordinator will notify the Complainant and appropriately address reasonable concerns about their safety or the safety of others, including by providing Supportive Measures. Regardless of whether a Complaint is initiated, the Title IX Coordinator will take other appropriate prompt and effective steps to ensure that Sex Discrimination does not continue or recur within PAFA’s Education Program or Activity.

3.    Withdrawal of Complaint by Complainant: As noted below, a Complaint may be dismissed if the Complainant notifies the Title IX Coordinator that they would like to withdraw the Complaint. Such notice must be in writing. If a Complainant requests dismissal, they can re-file the Complaint at a later date and request a continuation of the Formal Resolution Process or voluntarily agree to an Informal Resolution Process.

The Title IX Coordinator will consider requests in light of the factors laid out in Paragraph 2 above, relating to the Title IX Coordinator’s decision to initiate a Complaint when the Complainant does not wish to do so. If the Title IX Coordinator refuses a request by a Complainant to dismiss a Complaint, the Title IX Coordinator will notify the Complainant in writing of the decision and rationale

Ongoing Assessment & Dismissals

Throughout the handling of a report or Complaint of Prohibited Conduct, the Title IX Coordinator will continue to assess the most appropriate procedures for addressing the allegations.

Consolidation or Severance of Proceedings

In cases in which allegations of Sex Discrimination, including Sex-Based Harassment, are connected to allegations of discrimination or harassment by the Respondent based on another protected category which would ordinarily be addressed by another PAFA policy, or are connected to other alleged misconduct by the Respondent which would ordinarily be addressed under another PAFA policy, PAFA may, in its sole discretion, address all related conduct in a consolidated manner.

Similarly, PAFA ‌may,‌ ‌in‌ ‌its‌ sole ‌discretion,‌ ‌consolidate‌ Complaints of Sex Discrimination brought against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one Party against another Party (“cross complaints”), ‌where‌ ‌the‌ ‌allegations‌ arise out of the same facts or circumstances.

Dismissal

A Complaint may be dismissed, in whole or in part, if it is determined, at any time, that:

●      PAFA cannot identify the Respondent after taking reasonable steps to do so;

●      The Respondent is not, or is no longer, participating in PAFA’s Education Program or Activity and is not, or is no longer, employed by PAFA;

●      The Complainant voluntarily withdraws any or all of the allegations in the Complaint, the Title IX Coordinator declines to initiate a Complaint, and without the Complainant’s withdrawn allegations, the conduct that remains alleged in the Complaint, if any, would not constitute Sex Discrimination even if established; and/or

●      The conduct alleged (after reasonable efforts to clarify have been made, as appropriate), if established, would not constitute Sex Discrimination.

In the event of dismissal, Supportive Measures may still be provided to the Complainant (and Respondent, if already notified of the Complaint), and the‌ ‌Title‌ ‌IX‌ ‌Coordinator‌ ‌may‌ ‌refer‌ ‌the‌ ‌matter‌ ‌to‌ another, appropriate office‌ ‌for‌ review and response. PAFA will provide written notice to the Complainant (and Respondent, if already notified of the Complaint) of the dismissal, the basis for the dismissal, and the right to appeal the dismissal.

Timelines

Any timelines provided herein create no rights for the Parties and may be extended or changed by PAFA for good cause shown, in the Title IX Coordinator’s sole discretion Good cause may include, but is not limited to, considerations such as the absence of a party, a party’s advisor, or a witness; concurrent law enforcement activity; travel and unavailability; a pandemic or other emergency; or the need for language assistance or accommodation of disability. In the case of such an extension, the Title IX Coordinator will notify the affected parties of the extension, including the reason(s) for the extension.

The Formal Resolution Process

Core Principles for Resolution

The following core principles apply to all procedural options under the Policy.

1. Impartiality. As applicable, the Title IX Coordinator, investigator, hearing officer, facilitator of informal resolution, and the appellate decision-maker each must be impartial and free of any actual conflict of interest or bias.

   A Complainant or a Respondent who has concerns that the Title IX Coordinator, investigator (if different than the Title IX Coordinator), hearing officer, facilitator of informal resolution, or the appellate decision-maker cannot conduct a fair and unbiased review (e.g., has a personal connection with one of the parties or witnesses, etc.) may report those concerns to the Title IX Coordinator or, if the Title IX Coordinator is the subject of those concerns, to the Chief Administrative Officer. This individual will assess the circumstances and determine whether a different investigator, hearing officer, facilitator of informal resolution, or appellate decision-maker should be assigned to the matter.

2. Presumption of Good Faith Reporting. PAFA presumes that reports of Prohibited Conduct are made in good faith. As a reminder, making a false report or giving false information is a violation of this Policy and may be a basis for discipline.

3. Presumption of Non-Violation and Standard of Proof. The Respondent is presumed not to have violated the Policy unless it is determined through applicable procedures that clear and convincing evidence supports a finding of a Policy violation.

4. Expectations of Complainant, Respondent, and Witnesses. The Complainant, the Respondent, the Witnesses, and others sharing information with the investigator are expected to provide all relevant information at the time of their interview, or as soon as otherwise possible, and to be truthful and complete in their responses throughout the process. A party or Witness who participates in the process is expected to participate in a live interview if requested. Similarly, a person who elects to participate is expected to participate in all aspects of the process (e.g., a witness who participates in a live interview is expected to make themselves available for a hearing if requested to do so).

5. Advisors. In cases involving allegations of Sex-Based Harassment in which either the Complainant or the Respondent is a Student, or the conduct alleged is Sexual Assault, Dating Violence, Domestic Violence, or Stalking, a Complainant or a Respondent may have an advisor of their choice. An advisor is an individual chosen by a party to provide support and guidance to them during the investigation process. An advisor may, but is not required to be, be an attorney.

   A party may request to consult with their advisor at any point. However, the advisor may not represent or otherwise speak for the party they are supporting, except when a hearing occurs as part of the formal resolution process. In such hearings, the advisor may ask the other party and witnesses relevant questions. If a party does not have an advisor available at the hearing, PAFA will provide for an advisor to ask questions on behalf of that party, as described in the formal resolution process in Section 11 of this Policy.

   Delays will not normally be allowed due to scheduling conflicts with Advisors. If, at any point, an Advisor becomes disruptive or fails to comply with the provisions of this Policy or any additional rules of decorum provided by PAFA, PAFA may remove the Advisor from the meeting, interview, or proceeding, and, if appropriate, any future meetings, interviews, or proceedings. Such a removal of an Advisor is not appealable. If a Party’s Advisor is removed, they may choose another Advisor or have one selected and provided appointed for them, as described in the preceding paragraph.

   Investigators, decision-makers, and the Title IX Coordinator have the right at all times to determine what constitutes acceptable behavior on the part of an advisor and to take appropriate steps to ensure compliance with the Policy.

6. Prior Sexual Conduct of the Complainant. Questions and evidence about the Complainant’s prior sexual behavior are not relevant, unless offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or if the questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove Consent. For example, if the question being determined is whether consent was given through mutually understandable words or actions, information about the manner in which Consent has previously been communicated between the parties may be relevant in determining whether Consent was sought and given during the incident in question. The decision-maker (e.g., the hearing officer or the investigator, as applicable) will determine the relevance of such information. Prior sexual contact between a Complainant and a Respondent is not relevant to prove character or reputation and will never be used for those purposes.

7. Prior or Subsequent Conduct of the Respondent. Prior or subsequent conduct of the Respondent is not relevant to prove character or reputation and will never be used for these purposes, but may be considered for other purposes, such as determining pattern, knowledge, intent, or the Respondent’s reasons for taking the alleged action. For example, evidence of a pattern of Prohibited Conduct by the Respondent, either before or after the incident in question, may be deemed relevant to the determination of whether the Respondent violated the Policy or engaged in inappropriate behavior. A finding in a previous investigation that the Respondent violated the Policy by engaging in similar conduct may be relevant evidence of a pattern of behavior. Likewise, evidence in a previous investigation that the Respondent engaged in similar behavior, but the behavior was not at that time determined to be at a sufficient level to constitute a Policy violation, may be relevant to assessing severity, persistence and/or pervasiveness, as applicable, or relevant evidence of a pattern, in a subsequent investigation.

   The relevance of pattern evidence will generally be determined based on an assessment of whether the previous or subsequent conduct was similar to the conduct under investigation or indicates a pattern of Prohibited Conduct. The decision-maker (e.g., the hearing officer or the investigator, as applicable) will determine the relevance of such information.

Notice of Allegations

The Formal Resolution Process begins with the sending of a Notice of Allegations to the Complainant and Respondent. If the Complaint was signed by the Title IX Coordinator, the Complainant will still receive the Notice of Allegations, but is not required to participate in the investigation or related activities. The Notice of Allegations will include:

1.    information about the Informal and Formal Resolution Processes;

2.   the identities of the parties involved in the incident(s) (if known), the conduct alleged to constitute Sex Discrimination, and the date and location of the alleged incident (if known);

3.    a statement that the Respondent is presumed not responsible for the alleged Sex Discrimination until a determination is made at the conclusion of the Formal Resolution Process, after the Parties have had an opportunity to present Relevant (not otherwise impermissible) evidence to a trained, impartial decisionmaker;

4.    a statement that (1) the Parties are entitled to an investigative report summarizing all Relevant (not otherwise impermissible) evidence and retain the equal right to access such evidence upon request in cases of alleged Sex-Based Harassment where either/both the Complainant and/or Respondent is a Student; or (2) a statement that the Parties are entitled to an accurate description of the Relevant (not otherwise impermissible) evidence and retain the equal right to access such evidence upon request in all other cases of Prohibited Conduct;

5.    a statement regarding the Standard of Proof to be used in considering the facts and evidence;

6.    Information about Supportive Measures and other support and assistance available through PAFA and community resources;

7.    The Parties’ right to an advisor of their choosing who may be, but is not required to be, an attorney;

8.    the range of possible Disciplinary Sanctions and Remedies;

9.    information about the appeals process;

10. PAFA’s prohibition of Retaliation against the Complainant, the Respondent, the witnesses, and the reporting parties, how to report acts of Retaliation, and that PAFA will take prompt action when Retaliation is reported;

11. A copy of or link to this Policy; and

12. An explanation that parties and witnesses are prohibited from knowingly making false statements or knowingly submitting false information during the grievance process.

The Parties will be informed in writing if, during the investigation, additional information is disclosed that may constitute additional Prohibited Conduct under the Policy.

Acceptance of Responsibility

At any time prior to the rendering of a finding as to responsibility by a decisionmaker, the Respondent may indicate that they do not wish to contest the disciplinary case against them and accept responsibility for all or part of the Prohibited Conduct alleged. In the event that a Respondent accepts responsibility, the Complainant will be notified in writing. The Complainant and Respondent may each submit, respectively, an impact statement or a mitigation statement which will be reviewed by the decisionmaker of Disciplinary Sanctions and/or Remedies. The Parties will thereafter be notified simultaneously of the Disciplinary Sanctions imposed and whether Remedies will be provided.

This decision is not appealable and is final.

In the event that the Respondent accepts responsibility for only part of the Prohibited Conduct alleged, the remaining allegations will proceed to the decisionmaker for a finding, and Remedies and Disciplinary Sanctions for all the Prohibited Conduct at issue will be assigned at the conclusion of the matter in its entirety.

The Investigation

An investigation affords both the Complainant and the Respondent an equal opportunity to gather and present Relevant evidence (both inculpatory and exculpatory) and fact witnesses to the investigator. However, the burden of gathering evidence, and satisfying the Standard of Proof, is on PAFA.

PAFA will charge a trained investigator – who may be the Title IX Coordinator – with the task of gathering facts about the allegations raised in the Complaint, objectively evaluating the Relevance of all evidence, and preparing (i) for cases involving allegations of Sex-Based Harassment with a Student Complainant or Respondent, an investigative report which contains a fair summary of the Relevant evidence, or (ii) for all other cases of Prohibited Conduct, an accurate description of the Relevant evidence.

The investigator must be impartial, free of any actual conflict of interest, and have specific and relevant training and experience. Specifically, the investigator will be trained on (1) issues of relevance; (2) the definitions in the Policy; (3) the scope of PAFA’s Education Program or Activity; (4) how to conduct an investigation; and (4) how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias.

Investigation Timeframe

The investigation of a Complaint will be usually concluded within 90 days of the filing of the Complaint. The parties will be provided with updates on the progress of the investigation, as needed, and will be alerted, in writing, if the process will go beyond that timeframe.

Additional time beyond 90 days may be necessary to ensure the integrity and completeness of the investigation to: (1) comply with a request by law enforcement for a temporary delay to gather evidence; (2) accommodate the availability of parties and/or witnesses; (3) address the need for language assistance or accommodation of disabilities; (4) account for PAFA breaks or vacations; (5) account for case complexities including the number of witnesses and volume of information provided by the parties; or (6) for other legitimate reasons.

Interviews and Gathering Evidence

Providing information to the investigator through an interview, through the submission of documents, or both, is voluntary. PAFA does not compel Parties or non-employee witnesses to answer questions during the interview or submit documents, although all Parties and witnesses are encouraged to do so. A person’s decision not to participate in the investigation, in whole or in part, will be documented in the investigative report or description of relevant evidence, as applicable. PAFA employees, and others authorized by PAFA to provide aid, benefits, or services as part of PAFA’s Education Program or Activity, are expected to attend all scheduled meetings and proceedings and, upon request, participate as a witness or otherwise assist with any investigation or adjudication under this Policy.

Interviews. The investigator will interview the Complainant and Respondent in order to review the disciplinary process and to hear an overview of each party’s account of the allegations. Each party may have an advisor present.

The investigator will also meet with Relevant witnesses. Following an interview, the individual interviewed will be provided with a draft summary of their statement so that they have the opportunity to comment on the summary and ensure its accuracy and completeness. Feedback may be attached or otherwise incorporated into the final investigative report or summary of relevant evidence, as applicable, to the extent deemed relevant by the investigator.

For cases involving allegations of Sex-Based Harassment with a Student Complainant or Respondent, the investigator will, prior to any interviews or meetings with the Parties, provide written notice of the date, time, location, and purpose of the interview or meeting, with sufficient time for the Party to prepare for the interview or meeting.

Evidence. During the interview, and as the investigator is gathering evidence, each party will be given the opportunity to identify witnesses and to provide other information, such as documents, communications, photographs, and other evidence. Although PAFA has the burden of gathering evidence sufficient to reach a determination regarding responsibility, all parties are expected to share any Relevant information and/or any information that is requested by the investigator. Such information shared by the parties with the investigator may include both inculpatory and exculpatory evidence.

The investigator will review all information identified or provided by the parties, as well as any other evidence they obtain.

Draft Investigative Report or Accurate Description of Relevant Evidence, and Opportunity to Inspect and Review Evidence

After all the evidence is gathered, and the investigator has completed witness interviews, an accurate description of the Relevant evidence collected during the investigation, or, for cases involving Sex-Based Harassment in which the Complainant or Respondent is a Student, an investigative report containing a fair summary of the Relevant evidence collected during the investigation, will be submitted to both Parties for their review and response. The Parties retain an equal right to access the Relevant (not otherwise impermissible) evidence upon request.

The Parties will have ten (10) Days to provide written feedback to the investigator, who will consider such responses before completing a final document. The parties’ written responses must include any comments, feedback, additional documents, evidence, requests for additional investigation, names of additional witnesses, or any other information they deem relevant to the investigation. Any party providing new evidence in their written response should identify whether that evidence was previously available to them, and if so, why it was not previously provided. The parties’ feedback will be attached to the final document.

The investigator will review the parties’ feedback, if any, collect additional evidence (as the investigator deems appropriate), and interview additional relevant witnesses (as the investigator deems appropriate). This additional activity may require extensions of the anticipated timelines for the investigation.

Adjudication

Upon completion of the investigation, the Title IX Coordinator reviews the accurate description of the Relevant evidence collected or the final investigative report containing a fair summary of the Relevant evidence collected, as applicable, and within five (5) determines whether PAFA will proceed to adjudication, or dismiss the Complaint, as described above. If the matter is submitted for adjudication, the adjudication process varies based on the status of the Complainant and Respondent (i.e., Student or employee), and the type of conduct at issue (i.e., Sex-Based Harassment or other forms of Sex Discrimination).

Matters involving Complaints of Sex-Based Harassment with a Student Complainant and/or a Student Respondent are adjudicated through the live hearing process described below, while both Complaints of Sex Discrimination other than Sex-Based Harassment and Complaints of Sex-Based Harassment involving only employees and/or third parties are adjudicated through the non-hearing process described below.

When a Complainant or Respondent is a Student Employee, PAFA will undertake a fact- and circumstance-specific inquiry to determine how the matter will be adjudicated, including consideration of whether the Party’s primary relationship with PAFA is to receive an education, and whether the alleged Sex-Based Harassment occurred while the Party was performing employment-related work. Typically, if a Respondent who is a Student Employee may experience a change in their employment status as a result of the outcome of a Grievance Process, but not a change in their student status, the matter will proceed as though the Respondent was an employee.

Non-Hearing Adjudication Process

For all matters other than those involving allegations of Sex-Based Harassment in which the Complainant and/or the Respondent is a Student

In all matters other than those involving allegations of Sex-Based Harassment in which the Complainant and/or the Respondent is a Student, a non-hearing adjudication process is used. In this process, the decisionmaker – who may be the investigator (including if the investigator is the Title IX Coordinator); the Title IX Coordinator; a designee identified by the Title IX Coordinator – will objectively evaluate all Relevant evidence, both inculpatory and exculpatory, and reach a determination regarding responsibility pursuant to the Standard of Proof.

The decisionmaker will assess the credibility of the Parties and witnesses, to the extent credibility is both in dispute and Relevant to evaluating the allegations. Any credibility determinations will not be based on a person’s status as a Complainant, Respondent, or witness. The decisionmaker will typically accomplish this through the investigation process. The decisionmaker may, however, supplement the investigation by holding meetings, in their discretion, with any Party or witness, at which additional questions are posed. These meetings are private and individual.

The decisionmaker will prepare a written determination, with rationale, and appeals information.  This will typically be done within ten (10) Days of the completion of the final investigative report or the Parties’ responses thereto, if applicable.  In the event the Respondent is found responsible for a violation of this Policy, the determination will include the Disciplinary Sanctions imposed and/or whether Remedies will be provided, as appropriate.

Live Hearing Adjudication Process

For all matters involving allegations of Sex-Based Harassment in which the Complainant and/or the Respondent is a Student

Scheduling and Preparing for the Hearing

In all matters involving allegations of Sex-Based Harassment in which the Complainant and/or the Respondent is a Student, a live hearing adjudication process is used. For any adjudication via live hearing, the Parties will be notified in writing of the date, time, and location of the hearing.

The Complainant and Respondent must submit in writing to the Title IX Coordinator, at least five (5) Days before the hearing, the names of any witnesses the Complainant/Respondent wishes to testify at the hearing and a summary of information each witness would provide through their testimony. Names of witnesses provided by the Complainant/Respondent will be shared with the other party.

The hearing may be scheduled, in PAFA’s discretion, to take place in-person or via an online platform through which each Party, witness, their Advisors, and the decisionmaker can see and hear each other in real-time.

If the matter involves more than one Respondent, the Title IX Coordinator, in their discretion, may permit the hearing concerning each Respondent to be conducted either jointly or separately.

The Hearing Officer

Hearings will be facilitated by a Hearing Officer, who will make the decision as to whether or not the Respondent violated the Policy using a clear and convincing evidence standard. The Hearing Officer has broad authority to determine the process, timing, and conduct of a hearing. This includes the order of presentation, timing, and overall duration of the hearing, what information and questions are relevant to the determination of the matter, and what cross-examination questions will or will not be permitted. The Hearing Officer is responsible for maintaining an orderly, fair, and respectful hearing and has broad authority to respond to disruptive or harassing behaviors, including adjourning the hearing or excluding the offending person(s).

Notice

The Hearing Officer will be informed of the identities of the parties so they can identify any conflict of interest or bias. The parties will be notified of the identity of the selected Hearing Officer in advance of the hearing; and parties may, within three (3) calendar days of such notice, object to the Hearing Officer by providing a written statement (which may be transmitted electronically) as to why the party believes that the hearing officer has a conflict of interest or bias. The Title IX Coordinator (or designee) will make decisions regarding such objections and the appointment of an alternate hearing officer, as appropriate. If a potential conflict of interest is discovered outside of the three days, the Title IX Coordinator (or designee) has the discretion to appoint an alternate hearing officer.

Pre-Hearing Procedures and Ground Rules

The Hearing Officer and/or the Title IX Coordinator may establish pre-hearing procedures relating to issues such as scheduling, hearing structure and process, witness and advisor participation and identification, and advance determination of the relevance of certain topics or propriety of certain anticipated cross-examination questions. The Hearing Officer will communicate with the parties prior to the hearing with respect to these issues and establish reasonable, equitable deadlines for party participation/input.

The Hearing Officer also has wide discretion over matters of decorum at the hearing, including the authority to excuse from the hearing process participants who are unwilling to observe rules of decorum.

Electronic Devices and Record the Hearing

A Respondent, Complainant, advisor, and/or witness may not bring electronic devices that capture or facilitate communication (e.g., computer, cell phone, audio/video recorder, etc.) into a hearing room, unless authorized by the Hearing Officer.

The Title IX Coordinator will arrange for there to be an audio or audiovisual recording, or transcript, of the hearing, which will be made available to the parties for review and kept on file by PAFA for seven years.

Participation of Parties and Witnesses

As explained above, a party or witness who elects to participate in a PAFA process is expected, although not compelled, to participate in all aspects of the process.

If a Party or witness, after being provided notice, does not appear at the hearing, the hearing will take place in their absence. In such a case, or in the event that a Party or witness appears at the hearing but refuses to answer questions, the decisionmaker will make its determination using the evidence available. The decision-maker may choose to place less or no weight upon statements by a Party or witness who refuses to respond to questions deemed Relevant (and not otherwise impermissible). The decisionmaker must not draw an inference about whether Sex-Based Harassment occurred based solely on a Party’s or witness’s refusal to respond to questions.

Parties are reminded that, consistent with the prohibition on Retaliation, Intimidation, threats of violence, and other conduct intended to cause a party or witness to not appear for a hearing are expressly prohibited.

Hearing Structure

The Hearing Officer has general authority and wide discretion over the conduct of the hearing. Although the Hearing Officer has discretion to modify the hearing structure, the general course of procedure for a hearing is as follows:

●      Introductions;

●      Respondent’s statement accepting or denying responsibility;

●      Opening Statement from the Complainant;

●      Opening Statement from the Respondent;

●      Questioning of the Complainant by the Hearing Officer;

●      Cross-examination of the Complainant by the Respondent’s advisor;

●      Questioning of the Respondent by the Hearing Officer;

●      Cross-examination of the Respondent by the Complainant’s advisor;

●      Hearing Officer questioning of other witnesses (if applicable);

●      Cross-examination of other witnesses by the parties’ advisors;

●      Closing comments from the Complainant; and,

●      Closing comments from the Respondent.

Conduct at the Hearing and Participation of Advisors

PAFA expects all Parties, witnesses, and Advisors to refrain from abusive or disruptive behavior, and will provide notice of any additional rules of decorum, which will be applied equally to the Parties. Inappropriate behavior may result in a suspension of the hearing until the abusive or disruptive behavior has been addressed and as noted, may involve the exclusion and replacement of an Advisor.

At the live hearing, the Hearing Officer will question Parties and witnesses to adequately assess a Party’s or witness’s credibility, to the extent credibility is both in dispute and Relevant to evaluating the allegations of Sex-Based Harassment. Any credibility determinations will not be based on a person’s status as a Complainant, Respondent, or witness. The decisionmaker will accomplish this by asking the Parties and witnesses Relevant (not otherwise impermissible questions) and follow-up questions, including questions challenging credibility.

The Parties—through their Advisors and never directly—may ask questions of any Party or witness. If a Party does not have an Advisor to ask questions on their behalf, PAFA will provide the Party with an Advisor of PAFA choice – who may, but need not be, an attorney, without charge, for the purpose of Advisor-conducted questioning. The Hearing Officer will determine whether each question posed by a Party is Relevant (and not otherwise impermissible) before it is answered, and will explain any decision to exclude a question as not Relevant or as otherwise impermissible. All Relevant (not otherwise impermissible) questions will be asked. Questions that are unclear or harassing of the Party or witness being questioned may be excluded, but prior to doing so, the Hearing Officer will give the Party posing the question the opportunity to clarify or revise the question.

Rules of evidence, such as those applied in criminal or civil court, are not applicable to hearings conducted under this Policy. 

Generally, only information that is provided to, or otherwise obtained by, the investigator during the course of the investigation will be considered in the determination of whether a Policy violation occurred. Any and all information for consideration by the Hearing Officer must be provided to the investigator prior to the final investigation report and will not be allowed during the hearing unless it can be clearly demonstrated that such information was not reasonably available to the parties at the time of the investigation or that the evidence has significant relevance to a material fact at issue in the investigation. If, after the final investigation report is issued, a party provides or identifies evidence that they did not previously provide or identify despite that evidence being reasonably available to them during the investigation process, the Hearing Officer may, at their discretion, draw a negative inference from the party’s delay in providing or identifying the evidence.

At the conclusion of the hearing, the Complainant and Respondent may each submit, respectively, an impact statement or a mitigation statement which will be reviewed by the relevant decisionmaker in the event of a finding of responsibility, for the purposes of determining Disciplinary Sanctions and/or Remedies.

Witnesses

The Hearing Officer may, at their discretion, exclude witnesses or witness testimony the Hearing Officer considers irrelevant or duplicative. The Hearing Officer will explain any decision to exclude a witness or testimony as not relevant.

Determination Regarding Responsibility and Written Decision

Following the hearing, the Hearing Officer will objectively evaluate all Relevant evidence, both inculpatory and exculpatory, and make a determination, by clear and convincing information/evidence, whether the Respondent has violated the Policy.

The decisionmaker will prepare a written decision, which will be communicated simultaneously to the Parties within ten (10) Days of the hearing, including: a description of the alleged Sex-Based Harassment; information about the policy and procedures used to evaluate the allegations; the decisionmaker’s evaluation of the Relevant (not otherwise impermissible) evidence; the determination of whether the Respondent was responsible or not responsible  for Prohibited Conduct; if responsible, the specific behaviors for which Respondent was found to be responsible; and appeals information. In the event the Respondent is found responsible for a violation of this Policy, the determination will include the Disciplinary Sanctions imposed and/or whether Remedies will be provided, as appropriate. 

The determination regarding responsibility becomes final either on the date that PAFA provides the Parties with the written determination of the results of any appeals, or, if no appeal filed, the date on which an appeal would no longer be considered timely. Any Disciplinary Sanctions and/or Remedies will be implemented at this time.

Remedies and Disciplinary Sanctions

Disciplinary Sanctions are designed to stop the misconduct, prevent its recurrence, and remedy its effects, and will consider factors including the nature and gravity of the misconduct, and any record of prior misconduct, if applicable. Disciplinary Sanctions may include, but are not limited to, mandatory participation in educational programs; written reprimand; disciplinary probation; loss of housing; loss of other privileges, including, if applicable, employment-related privileges such as loss of salary increase, salary decrease, reassignment of job responsibilities, or demotion; suspension; and, as appliable, expulsion or termination of employment.

PAFA may continue Supportive Measures and may also provide Remedies to the Complainant or others, in the event their equal access to PAFA’s Education Program or Activity was determined to have been limited or denied by Sex Discrimination. Remedies are designed to resort or preserve equal access to PAFA’s Education Program or Activity and may include but are not limited to the measures described above in the section on Supportive Measures.

Appeals

A Respondent and Complainant both have the right to appeal the Hearing Officer’s decision regarding responsibility.

A party wishing to appeal must file a written appeal statement within five business days of the date the written decision is sent to the parties. Appeal statements are limited to ten pages. The written appeal statement must identify the ground(s) upon which the appeal is being made.

The only grounds for appeal are:

●      New evidence not reasonably available at the time of the determination regarding responsibility that could affect the outcome of the matter;

●      The Title IX Coordinator, investigator, and/or Hearing Officer had a conflict of interest or bias for or against complainants or respondents generally or the individual Complainant or Respondent specifically that affected the outcome of the matter; and/or

●      Procedural irregularity that affected the outcome of the matter.

An appeal is not a re-hearing of the case. PAFA may summarily deny an appeal if it is not based on one of the enumerated grounds for appeal.

Appellate decision-maker. If PAFA does not summarily deny the appeal, PAFA will appoint an appellate decision-maker. The appellate decision-maker’s role is limited to reviewing the underlying record of the investigation and hearing, the appealing party’s (“Appellant”) written appeal statement, any response to that statement by the other party (“Appellee”), and information presented at a meeting of the appellate decision-maker, if convened.

Conflict of interest. PAFA will notify the Appellant and Appellee of the name of the appellate decision-maker. The Appellant and/or Appellee may challenge the participation of an appellate decision-maker because of an actual conflict of interest, bias, or prejudice. Such challenges, including rationale, must be submitted in writing to the Title IX Coordinator no later than 48 hours after notification of the name of the appellate decision-maker. PAFA will determine whether such a conflict of interest exists and whether an appellate decision-maker should be replaced.

Response to Appeal. The appellate decision-maker will provide written notice to the Appellee that an appeal has been submitted and will give the Appellee an opportunity to review the appeal statement. The Appellee may submit a written response to the appeal (“response”). The response is due five business days from the date PAFA provides written notice of the appeal to the Appellee and must be limited to no more than ten pages. PAFA will provide the Appellant an opportunity to review the response. No “reply” or further submission may be provided.

Written Decision. The appellate decision-maker will provide written notification of the final decision to the Appellant and Appellee simultaneously. The written decision shall describe the result of the appeal and the rationale for the result. The appellate decision-maker will typically notify the parties of its decision regarding an appeal in writing within 10 business days from receipt of the appeal statement. If the decision will take longer, the parties will be informed. The decision of the appellate decision-maker will be final, and no subsequent appeals are permitted.

Informal Resolution

Informal Resolution is an alternative resolution process that does not include an investigation or hearing. Informal Resolution is typically a spectrum of facilitated, or structured, and adaptable processes between the Complainant, the Respondent, and/or other affected community members that seeks to identify and meet the needs of the Complainant while providing an opportunity for the Respondent to acknowledge harm and seek to repair the harm (to the extent possible) experienced by the Complainant and/or the PAFA community.

Informal Resolution options include but are not limited to mediation, referral of the parties to counseling programs, targeted or broad-based educational and training programs, direct communication with the Respondent by the Complainant, communication with the Respondent by the Title IX Coordinator or a PAFA administrator, or other forms of restorative justice.

An Informal Resolution Process may be offered at any time before a determination of whether Sex Discrimination occurred has been made. This includes upon receipt of a Report, or during the pendency of a Formal Resolution Process. A Complaint need not be made in order to initiate the Informal Resolution Process. An Informal Resolution Process is not permitted if such a process would conflict with federal, state, or local law. PAFA may also decline to permit an Informal Resolution Process when it determines that the alleged conduct presents a future risk of harm to others. The Title IX Coordinator reserves the right to determine whether Informal Resolution is appropriate in a specific case.

Informal Resolution is not available in cases involving a Student-Complainant and Employee-Respondent.

Both Parties must agree to participate in the Informal Resolution Process; PAFA must likewise agree that it is appropriate. As participation is voluntary, PAFA does not require Parties to waive the right to an investigation and adjudication as a condition of (continuing) enrollment or (continuing) employment, or the exercise of any other right. While every Informal Resolution Process will be tailored to the facts and circumstances of the individual case, in no case will the facilitator of the Informal Resolution Process be the same as the investigator or decisionmaker for Formal Resolution Process involving the same matter.

Once an Informal Resolution is agreed to by all parties, the resolution is binding, and the parties generally are precluded from resuming or starting the formal grievance process related to that Formal Complaint. Any breach of the terms of an Informal Resolution agreement may result in disciplinary action.

Before the Title IX Coordinator commences the Informal Resolution process, PAFA will provide the parties with a written notice disclosing:

●      the allegations;

●      the requirements of the Informal Resolution process;

●      that each Party has the right to withdraw their agreement to participate in the Informal Resolution Process prior to agreeing to a resolution, and can at that time initiate or resume the Formal Resolution Process, as applicable;

●      that agreement to a resolution at the conclusion of the Informal Resolution Process precludes the Parties from initiating or resuming the Formal Resolution Process arising from the same allegations;

●      the potential terms that may be requested or offered in an Informal Resolution Process agreement, including notice that an Informal Resolution Agreement is binding only on the Parties; and

●      which records will be maintained as part of the Informal Resolution Process and circumstances under which such records could be shared in the event that the Informal Resolution Process is not completed and Formal Resolution Process are initiated or resumed.

Remedies-based resolution will typically be completed within thirty (30) business days after the informal resolution process commences. Situations that are resolved through informal resolution are usually subject to follow-up after a period of time to assure that resolution has been implemented effectively.

Additional Provisions Pertaining to Parental, Family, or Marital Status, and Pregnancy or Related Conditions

Nondiscrimination of Applicants, Students, and Employees

In determining whether a person satisfies any PAFA admissions policy or criterion, or in making any offer of employment, PAFA will treat Pregnancy or Related Conditions in the same manner and under the same policies as any other temporary medical condition. PAFA will not make pre-admission or pre-employment inquiry as to the Marital Status of an Applicant, including whether an Applicant is “Miss or Mrs.” PAFA may ask an Applicant to self-identify their sex, but only when asking this question of all Applicants. The response will not be used as a basis for discrimination.

PAFA will not adopt or apply any policy, practice, or procedure, or take any employment action, concerning the current, potential, or past Parental, Family, or Marital Status of a Student, employee, or Applicant that treats persons differently on the basis of sex, or which is based upon whether an employee or Applicant for employment is the head of household or principal wage earner in such employee’s or Applicant’s family unit. PAFA will not discriminate against, establish or follow any policy, practice, or procedure that discriminates against, or exclude from employment any person on the basis of current, potential, or past Pregnancy or Related Conditions.

No Requirement of Medical Certification for Student Participation

PAFA will not require a student, due to Pregnancy or Related Conditions, to provide certification from a physician or other licensed healthcare provider that the student is physically able to participate in classes, programs, or student activities unless necessary, required for all participating students, and not used as a basis for discrimination.

Leaves of Absence

Student Leaves of Absence

A PAFA student experiencing Pregnancy or Related Conditions is allowed a voluntary leave of absence to cover, at minimum, the period of time deemed medically necessary by the student’s physician or other licensed healthcare provider. If other PAFA leave policy allows a greater span of time than this period, the student is permitted to take leave under that policy instead. Upon return, the student will be reinstated to the academic and, as practicable, extracurricular status that the student held when the leave began.

Employee Leaves of Absence

In the event a PAFA employee is not qualified for a leave, or if no leave or insufficient leave is available, Pregnancy or Related Conditions is a justification for a voluntary leave of absence without pay for a reasonable period of time, at the conclusion of which the employee shall be reinstated to the status held when the leave began or to a comparable position, without decrease in rate of compensation or loss of promotional opportunities, or any other right or privilege of employment.

Lactation-Related Accommodations for Students and Employees

PAFA will provide reasonable break time for a Student or employee to express breast milk or breastfeed as needed, and make available a lactation space, other than a bathroom, that is clean, shielded from view, free from intrusion from others, and may be used by a Student or employee for expressing breast milk or breastfeeding as needed.

Student and Employee Rights to Reasonable Modifications or Temporary Adjustments

Students are entitled to reasonable modifications to PAFA’s policies, practices, or procedures because of Pregnancy or Related Conditions on an individualized and voluntary basis depending on the student’s needs when necessary to prevent discrimination and ensure equal access, unless the modification would fundamentally alter PAFA’s Education Program or Activity. These may include but are not limited to breaks to attend to health needs, including for expressing breast milk or breastfeeding; excused absences to attend medical appointments; access to online instruction; changes in schedule or course sequence; extensions of time for coursework; rescheduling of tests and examinations; counseling; changes in physical space or supplies; or elevator access. Such modifications will be comparable to the treatment of other temporary disabilities or conditions.  

PAFA will not require Students to provide supporting documentation unless necessary and reasonable to determine reasonable modifications. It will by definition be not necessary and reasonable when the need for the specific action is obvious; when the Student has previously provided sufficient supporting documentation; when the reasonable modification relates to drinking water, using a bigger desk, and/or the need to sit, stand, or take breaks to eat, drink, or use the restroom; when the Student has lactation needs; or when the requested specific action is available to Students for reasons other than Pregnancy or Related Conditions without the submission of supporting documentation.

With respect to employees, PAFA treats Pregnancy or Related Conditions as any other temporary disability or condition for all job-related purposes, including, where appropriate, the provision of temporary adjustments.

Requirement to Provide Information to Students Experiencing Pregnancy or Related Conditions

When any PAFA employee is informed by a Student of that Student’s Pregnancy or Related Conditions, the employee must, unless the employee reasonably believes the Title IX Coordinator has already been notified, promptly inform the Student of the Title IX Coordinator’s contact information and that the Title IX Coordinator can coordinate specific actions to prevent Sex Discrimination and ensure equal access to the Education Program or Activity by promptly providing the Notice of Non-Discrimination and informing the student of PAFA’s] obligations. These include:

·      Prohibiting Sex Discrimination, including Sex-Based Harassment;

·      Allowing access, on a voluntary basis, to any separate and comparable portion of PAFA’s Education Program or Activity;

·      Referring Students experiencing Pregnancy or Related Conditions to the Title IX Coordinator;

·      Taking specific actions to promptly and effectively prevent Sex Discrimination and ensure equal access to the Education Program or Activity, including providing the option of making reasonable modifications to PAFA’s policies, practices, or procedures because of Pregnancy or Related Conditions;

·      Allowing a voluntary leave of absence;

·      Ensuring the availability of lactation space; and

·      Maintaining Grievance Procedures that provide for the prompt and equitable resolution of complaints of Sex Discrimination.

Record Retention

There is a seven-year record retention period for:

·      Reports; Complaints; and records documenting the response to Reports and Complaints, including any Supportive Measures provided, any emergency removals or administrative leave imposed, and any Informal Resolution Process or Formal Resolution Process undertaken, including the resulting outcome (e.g., the result of any Informal Resolution Process, determinations of responsibility, Disciplinary Sanctions imposed on the Respondent, Remedies provided to the Complainant, appeals and the results of such appeals);

·      Any records documenting action taken by PAFA to address Reports of Sex Discrimination, prevent its recurrence, and remedy its effects; to address any barriers identified to reporting such conduct; and to educate employees about their Mandatory Reporting responsibilities;

·      All materials used to provide required training;

·      Any audio or audiovisual recording or transcript required to be retained; and

·      Any other records documenting the actions taken to satisfy PAFA’s obligations to prevent discrimination and ensure equal access for individuals due to Pregnancy or Related Conditions, including facilitating reasonable modifications for Students and facilitating temporary adjustments, leave, and/or lactation time and space for employees.

In cases in which a Respondent was found to have violated the Policy and was expelled or terminated, PAFA may retain such official case files indefinitely.

Understanding PAFA’s Clery Act Timely Warning Obligations

In compliance with federal law, PAFA will provide timely notice to the campus community regarding certain crimes covered by the Clery Act considered to be a serious or on-going threat to the safety of or health of students and employees which are reported to “Campus Security Authorities” as defined under the Clery Act.

A list of designated Campus Security Authorities is available in the Annual Security Report. The Safety & Security Office has a responsibility to provide timely warnings about reported crimes to the campus community in a manner that will aid in the prevention of similar crimes. The manner of notification depends upon the particular circumstances of the crime. PAFA will make every effort not to release personally identifying information while still providing enough detail for community members to make safety decisions in light of the danger.

Education and Prevention

PAFA aims to eliminate Sexual and Gender-based Misconduct and Title IX Misconduct through education, training, clear policies, and serious consequences for violations of this Policy. PAFA’s Title IX Coordinator has responsibility for ensuring compliance with PAFA’s policies in this regard.

Throughout the year, PAFA will provide mandatory training and special workshops to bring awareness to our policies and what each community member can do to play their part. We encourage you to read these materials carefully and to participate in on-site events.

Additional material and resources are available through the Student Services office. If you have questions about any of these policies, you are encouraged to talk to PAFA’s Title IX Coordinator or to reach out to a member of the Student Services team.