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Amendments of 1972, The Age Discrimination in Employment Act, The Americans with Disabilities Act and ADA Amendments Act, The Equal Pay Act, and the Pennsylvania Human Relations Act.
Douglas Education Center also complies with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crimes Statistics Act, as amended by the Violence Against Women Act (VAWA). Title IX prohibits retaliation for asserting or otherwise participating in claims of sex discrimination. VAWA imposes additional duties on universities and colleges to investigate and respond to reports of sexual assault, stalking, and dating or domestic violence, and to publish policies and procedures related to the way these reports are handled. Douglas Education Center has designated the Title IX Coordinator with the assistance of the Title IX Committee, to coordinate Douglas Education Center’s compliance with Title IX and VAWA and to respond to reports of violations. Douglas Education Center has directed Primary Campus Security Authority to coordinate Douglas Education Center’s compliance with the Clery reporting related VAWA requirements. Douglas Education Center will promptly and equitably respond to all reports of sexual misconduct in order to eliminate the misconduct, prevent its recurrence, and redress its effects on any individual or the community.
B. Scope of Policy
This policy applies to all on campus and off-campus conduct that is likely to have a substantial adverse effect on any member of Douglas Education Center community. There is no time limit for reporting allegations of sexual misconduct, however, Douglas Education Center strongly encourages the prompt reporting of sexual misconduct to allow Douglas Education Center to respond promptly and effectively. If the reported respondent is not a member of Douglas Education Center community or is no longer associated with Douglas Education Center at the time of the report or at the time a resolution process is initiated, Douglas Education Center may be unable to conduct an investigation or take disciplinary action.
Please see the Reporting Sexual Misconduct section below to make a report of misconduct, discrimination and/or harassment, or to file a complaint.
C. Statement on Privacy and Confidentiality
Douglas Education Center is committed to protecting the privacy of all individuals involved in a report of sexual misconduct. Every effort will be made to protect the privacy interests of all individuals involved. Privacy, confidentiality and privilege have distinct meanings under this policy.
Privacy generally means that information related to a report of sexual misconduct will only be shared with a limited circle of individuals, including individuals who “need to know” in order to assist in the review, investigation, or resolution of the report or to deliver resources or support services. While not bound by confidentiality or privilege, these individuals will be discreet and respect the privacy of all individuals involved in the process. All participants in an investigation of sexual misconduct, including advisors and witnesses, will be informed that privacy helps enhance the integrity of the investigation and protect the privacy interests of the parties and will be asked to keep any information learned in an investigation meeting or hearing confidential, to the extent consistent with applicable law.
Certain individuals are designated as having confidentiality. For reports made to employees designated with having confidentiality, Douglas Education Center will respect the reporting party’s expectations of privacy to the extent permissible by law while still ensuring compliance with other reporting obligations. For example, complaints involving minors are subject to mandatory reporting requirements.
Individuals designated as having confidentiality are required to report the nature, date, time and general location of an incident to the Title IX coordinator. Confidential resources will not share other information with the Title IX Coordinator or any other employee of Douglas Education Center without the express permission of the disclosing party. Confidential resources can provide information about Douglas Education Center and off-campus resources, support services and other options. As noted above, because of the confidential nature of these resources, disclosing information to or seeking advice from a confidential resource does not constitute a report or complaint to Douglas Education Center and will not result in a response or intervention by Douglas Education Center. A person consulting with a confidential resource may later decide to make a report to Douglas Education Center and/or law enforcement.
Communication with certain individuals may be privileged by operation of law and reports made to these individuals will not be shared with Douglas Education Center Title IX Coordinator or law enforcement except in very limited situations, such as when failure to disclose the information would result in imminent danger to the individual or to others or as otherwise required by law.
Douglas Education Center will generally respect a complainant’s choice whether to report an incident to local law enforcement or initiate Douglas Education Center’s sexual misconduct resolution process, unless Douglas Education Center determines that there is an overriding interest with respect to the safety or welfare of Douglas Education Center community. Where a report involves suspected abuse of a child (an individual under the age of 18 at the time of the incident(s) as reported), all Douglas Education Center employees and volunteers are required to notify Douglas Education Center police and the ChildLine run by the
Page 58 of 88 Catalog Volume 62 -Version 3 Effective June 5, 2020