Page 56 - Demo

Megan’s Law Update
On September 25, 2003, the Pennsylvania Supreme Court interpreted this provision of Megan’s Law to require that a specific request be made before this information can be provided via electronic means. To make a specific request for information on Sexually Violent Predators in Pennsylvania, access the Pennsylvania State Police.
Website: www.pameganslaw.state.pa.us
NONDISCRIMINATION POLICY
In accordance with Title IX regulations, the Commonwealth of Pennsylvania Human Rights Law, Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act, DEC does not discriminate or limit access to its programs, activities or employment on the basis of age, race, religion, national origin, sex, or disability. The DEC’s grievance policy includes the “legally protected individual.”
SEXUAL VIOLENCE, SEXUAL HARASSMENT, AND SEXUAL MISCONDUCT POLICY
Summary
The term “sexual misconduct” is a broad term used to refer to all the prohibited sexual violence and sexual harassment behaviors under this policy. As used in this policy, sexual misconduct may also encompass criminal conduct under Pennsylvania and/or federal law. Additionally, sexual misconduct under this policy may result in civil and/or administrative legal consequences. This policy, created as a model policy for handling allegations of sexual misconduct, was developed by the Commonwealth of Pennsylvania and is available for use by any postsecondary institution located within this Commonwealth that is authorized to grant an associate degree or higher academic degree.
II. Definitions
Consent – A knowing and voluntary agreement to engage in specific sexual activity at the time of the activity. In order to be valid, consent must be knowing, voluntary, active, present and ongoing. Consent is not present when an individual is incapacitated due to alcohol, drugs, or sleep, or otherwise without capacity to provide consent due to intellectual or other disability or other condition.
When alcohol is involved, incapacitation is a state beyond drunkenness or intoxication. When drug use is involved, incapacitation is a state beyond being under the influence of or impaired by the use of the drug. Alcohol and other drugs impact each individual differently. Determining whether an individual is incapacitated requires an individualized determination.
When determining whether a person has the capacity to provide consent, [Name of Institution] will consider whether a sober, reasonable person in the same position knew or should have known that the other party could or could not consent to the sexual activity. When determining whether consent has been provided, all the circumstances of the relationship between the parties will be considered.
Intimate-Partner Violence – An act of violence or threatened act of violence by or against one person who is, or has been, involved in a sexual, dating, domestic, or other intimate relationship with another person. This includes:
1. Dating Violence – Violence, including but not limited to sexual or physical abuse, or the threat of such violence, committed by a person who is or has been in a social relationship of a romantic or intimate nature with the person. The existence of such a relationship will be determined based on the reporting party’s statement and other relevant information, taking into consideration the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
2. Domestic Violence – Violence, including but not limited to sexual or physical abuse, or the threat of such violence, committed by a current or former spouse, or sexual or intimate partner; a person who is living as a spouse or who lived as a spouse; parents and children; other persons related by blood or marriage; or by someone with whom the person shares a child in common. Under the criminal laws of Pennsylvania certain offenses, including but not limited to, rape, aggravated assault, and stalking, can be deemed domestic violence depending on the relationship of the parties involved.
Sexual Assault – This includes the following:
1. Sexual Penetration Without Consent - Any penetration of the mouth, sex organs, or anus of another person, however slight by an object or any part of the body, when consent is not present. This includes performing oral sex on another person when consent is not present.
2. Sexual Contact Without Consent - Knowingly touching or fondling a person’s genitals, breasts, buttocks, or anus, or knowingly touching a person with one’s own genitals or breasts, when consent is not present. This includes contact done directly or indirectly through clothing, bodily fluids, or with an object. It also includes causing or inducing a person, when consent is not present, to similarly touch or fondle oneself or someone else.
Page 56 of 88 Catalog Volume 62 -Version 3 Effective June 5, 2020