Civil Rights Policy Frequently Asked Questions
Civil Rights Law and Policy
The Civil Rights Policy:
- Explains the University’s prohibitions on:
- Identity-Based Discrimination;
- Identity-Based Harassment;
- Sexual Misconduct; and
- Related Retaliation, and
- Describes how to report concerns relating to the above;
- Outlines employee reporting expectations; and
- Describes how the University responds to such reports.
- Describes the rights and responsibilities of community members;
- Explains resources available to community members on and off-campus; and
- States which records are maintained by the University and for how long.
Civil Rights Laws are laws that are designed to create and protect access to rights and opportunities, including education and employment, by prohibiting identity-based discrimination and harassment.
Examples of Civil Rights Laws include:
Identities or Classes that are protected against discrimination by Civil Rights Laws and Seton Hill’s Civil Rights Policy include:
Examples of Civil Rights Laws include:
- Title VII of the Civil Rights Act of 1964,
- Title VI of the Civil Rights Act of 1964,
- Title IX of the Education Amendments of 1972,
- Section 504 of the Rehabilitation Act of 1973,
- the Americans with Disabilities Act,
- the Age Discrimination in Employment Act of 1967,
- Age Discrimination Act of 1975,
- the Pennsylvania Human Relations Act, and
- the Pennsylvania Fair Educational Opportunities Act.
Identities or Classes that are protected against discrimination by Civil Rights Laws and Seton Hill’s Civil Rights Policy include:
- race,
- color,
- sex,
- pregnancy or related conditions,
- religion,
- creed,
- ethnicity,
- national origin,
- disability,
- age,
- parental, marital, or family status,
- veteran or military status, and
- genetic information.
The Civil Rights Policy Prohibits:
- Identity-Based Discrimination;
- Identity-Based Harassment;
- Sexual Misconduct; and
- Related Retaliation.
Each type of Prohibited Conduct will be described more fully in the questions below.
Important Definitions: Prohibited Conduct
DISCRIMINATION means that:
- an individual or group
- is being treated worse
- than other similarly-situated individuals
- with respect to the terms of their education and/or employment
- because of actual or perceived membership in a Protected Class.
It can be helpful to think of discrimination as a spectrum or a pyramid. Discrimination starts with harmful beliefs and attitudes at the bottom of the pyramid. These attitudes and beliefs are not, in and of themselves, violations of the Law or Policy. Moving up the pyramid, those beliefs and attitudes are manifested toward other people, which can be violations of the Law or Policy. The most severe forms of discrimination are at the top of the pyramid: harassment and violence.
HARASSMENT means that:
- an individual or group
- is experiencing unwelcome conduct
- including oral, written, electronic, graphic, or physical conduct
- that is severe or pervasive such that it
- limits or denies the ability of an individual to their education or employment
- because of actual or perceived membership in a Protected Class.
SEXUAL MISCONDUCT is an “umbrella term” which includes:
- Sexual Harassment,
- Dating and Domestic Violence,
- Stalking,
- Sexual Exploitation,
- Sexual Assault
- SEXUAL HARASSMENT: means unwelcome cues and conduct of a sexual nature (including visual, verbal and physical) that interferes with your ability to access your education or employment
- DATING/DOMESTIC VIOLENCE: means threats, physical or sexual violence against one’s partner
- STALKING: means engaging in a pattern of conduct against a person, including unwanted communications, that cause distress
- SEXUAL EXPLOITATION: means taking non-consensual sexual advantage of another (for example recording a person during an intimate time without consent)
- SEXUAL ASSAULT: means physical, sexual contact without consent
The University’s Policy also prohibits RETALIATION, which means that:
- A University official or representative
- Takes negative action (such as intimidation, threats, discrimination, or harassment)
- Against a person for sharing a good faith concern with the University or participating in the University’s investigation or grievance process
- To punish or deter the person for sharing concerns or participating in the process.
Reporting and University Response to Reports
Concerns can be shared with the University’s Title IX and Civil Rights Coordinator (“TIXCR”), Michelle Walters by:
- Email: titleixcoordinator@setonhill.edu,
- Phone: (724) 552-2923,
- In-Person (By Appointment): Performing Arts Center -G07, or
- Website Form: https://setonhill-advocate.symplicity.com/titleix_report.
Yes, you can choose to report anonymously on the website: https://setonhill-advocate.symplicity.com/titleix_report.
Please note, if you choose the anonymous option for reporting, no one at the University – including the Title IX and Civil Rights Coordinator (“TIXCR”) – will receive your contact information. In the case of anonymous reports, the TIXCR cannot contact the reporter to offer individualized support or to discuss options for resolution. The University’s ability to meaningfully respond to an anonymous report may be limited.
Please note, if you are reporting as a Mandatory Reporter, you are not permitted to make an anonymous Report in order to discharge your duty as a Mandatory Reporter.
Please note, if you choose the anonymous option for reporting, no one at the University – including the Title IX and Civil Rights Coordinator (“TIXCR”) – will receive your contact information. In the case of anonymous reports, the TIXCR cannot contact the reporter to offer individualized support or to discuss options for resolution. The University’s ability to meaningfully respond to an anonymous report may be limited.
Please note, if you are reporting as a Mandatory Reporter, you are not permitted to make an anonymous Report in order to discharge your duty as a Mandatory Reporter.
The Title IX and Civil Rights Coordinator (“TIXCR”) will review the report, and then outreach to you (the “Complainant”) discuss:
A Complainant can always seek support without needing to pursue a resolution.
What happens next is generally up to the Complainant, including whether the University takes no further actions, or if formal or informal resolution is pursued. In very, very limited circumstances, the University may be required to take additional steps to protect the campus community. For example, the University may need to investigate if there are multiple reports of similar conduct against one individual, or if a weapon is used during the incident.
- support and resources available, and
- options for resolution.
A Complainant can always seek support without needing to pursue a resolution.
What happens next is generally up to the Complainant, including whether the University takes no further actions, or if formal or informal resolution is pursued. In very, very limited circumstances, the University may be required to take additional steps to protect the campus community. For example, the University may need to investigate if there are multiple reports of similar conduct against one individual, or if a weapon is used during the incident.
Supportive Measures are non-disciplinary, non-punitive individualized measures offered, as appropriate, as reasonably available, and without fee or charge, to a Complainant or Respondent.
Examples of Supportive Measures include, but are not limited to, the following:
Examples of Supportive Measures include, but are not limited to, the following:
- Academic accommodations (such as a change in class schedule, modified deadlines, or a leave of absence);
- Workplace accommodations (such as a change in work location or schedule);
- Housing accommodations (such as a change in residence hall assignment or access to temporary emergency housing);
- Referrals for mental or physical healthcare, spiritual and religious resources, and/or training and education programs related to Sex-Based Harassment on- and off-campus;
- Safety-related resources (such as walking escorts, assigned parking, or increased security and monitoring of certain areas of campus); and/or
- No contact orders or agreements, which may be mutual (affecting both Parties), or non-mutual (affecting only one Party), and which may include restrictions on communication in-person, electronically, and via third parties, as well as restrictions on access to Seton Hill facilities or activities.
Law Enforcement
- Seton Hill Campus Police Department
- Admin Annex 115, (724) 830-4999 (extension x4999 from a campus phone)
- Non-confidential
- Staffed seven days per week, 24 hours per day
- Greensburg City Police Department
- (724) 834-3800
- Pennsylvania State Police
- (724) 832-3288
On-Campus Resources (Confidential)
- Counseling Center
- Administration 511.02, (724) 838-4295
- Health Services
- Administration 510, (724) 838-4234
- Director of Campus Ministry and other priests and pastoral counselors through Campus Ministry
- Maura Hall 230 C, (724) 830-1075
Additional On-Campus Resources (Non-Confidential)
- Residence Life
- (724) 433-3942
- Staff is available 24/7, including for Students who do not reside in University housing
- Human Resources
- (724) 830-1139
- Visit the Human Resources – Benefits Department webpage for information about LifeSolutions and/or EmployeeConnect Employee Assistance Programs (for benefits-eligible employees). The Employee Assistance Programs are confidential.
Off-Campus Resources
- Independence Health Westmoreland Hospital
- 532 West Pittsburgh Street, Greensburg, PA 15601
- (724) 832-4355
- Sexual Assault Nurse Examiner (SANE) exams available. A medical advocate from the Blackburn Center (see below) is available to be with you throughout the entire process. If the hospital has not called an advocate, please request that they do so.
- Blackburn Center
- (888) 832-2272 (24/7)
- Free services available to survivors of domestic violence and sexual assault, regardless of sexual orientation, gender and its expression, religious background, age, mental and physical health and ability, racial and cultural identity or background, and educational and socioeconomic status, including:
- 24-hour hotline
- Emergency Shelter
- Counseling and Therapy
- Support Groups
- Medical Advocacy
- Legal Advocacy
- Free services available to survivors of domestic violence and sexual assault, regardless of sexual orientation, gender and its expression, religious background, age, mental and physical health and ability, racial and cultural identity or background, and educational and socioeconomic status, including:
- (888) 832-2272 (24/7)
- Summit Legal Services (Protection from Abuse Orders)
- 16 East Otterman St., Greensburg, PA 15601
- (724) 836-2211
- RAINN Hotline
- 800-656-HOPE (24-hour)
Once a report is made, there are three (3) potential paths for resolution at the University:
- NO RESOLUTION: means that the concern is documented, and support and resources are offered. The University does not take further action.
- FORMAL RESOLUTION: means that the University will conduct an investigation and adjudication to determine whether policy has been violated, and if so, what the appropriate outcomes/sanctions would be.
- INFORMAL RESOLUTION: means a voluntary, facilitated process in which the parties attempt to find a mutually agreeable, non-punitive resolution of the concerns, including outcomes such as no contact orders and educational intervention(s).
- CRIMINAL JUSTICE SYSTEM: Some conduct that violates University Policy may also violate criminal law. A Complainant may file a police report and go through the criminal justice system.
- CIVIL COURTS: A Complainant may seek relief by filing a complaint in civil court. In some circumstances, an Impacted Party may be able to seek a Protection from Abuse Order or Restraining Order.
- AGENCY ENFORCEMENT: If a Complainant believes that the University has violated their rights, they may pursue resolution through an appropriate enforcement agency, including:
- Office for Civil Rights at the U.S. Department of Education,
- Equal Employment Opportunity Commission, and/or
- The Pennsylvania Human Rights Commission.
The Title IX and Civil Rights Coordinator (“TIXCR”) will respond to you as the Reporting Party to acknowledge the report, and provide information about support and next steps. In most cases, the It is greatly preferred for the Complainant (Impacted Party) to speak directly with the TIXCR about resources, support, and options for resolution. However, if need be, the TIXCR may be able to work with you, the Reporting Party, so you can pass this information along to the Complainant.
If you do not have mandatory reporting expectations, you can consult with the TIXCR without disclosing the name(s) of the Complainant.
If you do not have mandatory reporting expectations, you can consult with the TIXCR without disclosing the name(s) of the Complainant.
It can be scary to be accused of harming another person. As a member of our community, the Title IX and Civil Rights Coordinator (“TIXCR”) will provide you, as Respondent, with the same support and resources offered to the Complainant. This is crucial for you to be able to meaningfully participate in the process.
The TIXCR records information provided by the Complainant directly or a third party. Oftentimes the Complainant is seeking supportive measures only, in which case you would not be notified that a report had been made.
The records are private, and the Title IX and Civil Rights Coordinator does not disclose the existence of a report to third parties (such as student organizations, other employers or educational institutions) except as required by law, subpoena or court order. In very limited circumstances, when necessary to safeguard the community, reports may be shared with Senior Leadership at the University, including University Police and/or the Vice President for Student Affairs.
If the Complainant chooses to pursue investigation and/or resolution (or if there are multiple reports of a similar nature made against you that suggest a possible threat to the community), the TIXCR will reach out and ask to meet, whether in person, by videoconference, or by phone. It is important that you respond to any such outreach. During this meeting, TIXCR will talk to you about the nature of the concerns, the Complainant’s wishes, and next steps. You will also have an opportunity to respond to the concerns and share your perspective.
You are presumed not to be responsible for policy violation(s) unless and until either (1) you voluntarily accept responsibility or (2) you are found to be responsible after a fair and impartial investigation and determination of facts.
Punitive actions cannot and will not be taken against you unless you’ve either accepted responsibility or have been found responsible for a policy violation. In rare instances, the University may need to take actions to protect the safety of the community, such as interim removal from campus or limitations on access to University property and events. In such case, you will receive notice and have the opportunity to appeal this decision.
The TIXCR records information provided by the Complainant directly or a third party. Oftentimes the Complainant is seeking supportive measures only, in which case you would not be notified that a report had been made.
The records are private, and the Title IX and Civil Rights Coordinator does not disclose the existence of a report to third parties (such as student organizations, other employers or educational institutions) except as required by law, subpoena or court order. In very limited circumstances, when necessary to safeguard the community, reports may be shared with Senior Leadership at the University, including University Police and/or the Vice President for Student Affairs.
If the Complainant chooses to pursue investigation and/or resolution (or if there are multiple reports of a similar nature made against you that suggest a possible threat to the community), the TIXCR will reach out and ask to meet, whether in person, by videoconference, or by phone. It is important that you respond to any such outreach. During this meeting, TIXCR will talk to you about the nature of the concerns, the Complainant’s wishes, and next steps. You will also have an opportunity to respond to the concerns and share your perspective.
You are presumed not to be responsible for policy violation(s) unless and until either (1) you voluntarily accept responsibility or (2) you are found to be responsible after a fair and impartial investigation and determination of facts.
Punitive actions cannot and will not be taken against you unless you’ve either accepted responsibility or have been found responsible for a policy violation. In rare instances, the University may need to take actions to protect the safety of the community, such as interim removal from campus or limitations on access to University property and events. In such case, you will receive notice and have the opportunity to appeal this decision.
All University employees (except those designated as Confidential Employees) are considered to be Mandatory Reporters. Mandatory Reporters are required to report information about potential violations of the Civil Rights Policy to the Title IX and Civil Rights Coordinator.
The Mandatory Reporter should disclose all relevant known details about the alleged incident, including: (1) the names of the involved Parties; (2) the alleged conduct; and (3) the date, time, and location of the incident. Reporting information does not automatically initiate a formal investigation or impose obligations on the reporting party. A Mandatory Reporter is not permitted to make an anonymous Report in order to meet their obligations as a Mandatory Reporter.
In contrast with Mandatory Reporters, Confidential Employees are not required to share information about concerns of which they become aware in certain circumstances. For example, a Confidential Employee does not need to make a report if they receive information confidentially in the context of providing professional services (such as health care, pastoral counseling, and mental health counseling) or as an employee supporting a professional in providing such services.
Designated Confidential Employees at the University include:
The Mandatory Reporter should disclose all relevant known details about the alleged incident, including: (1) the names of the involved Parties; (2) the alleged conduct; and (3) the date, time, and location of the incident. Reporting information does not automatically initiate a formal investigation or impose obligations on the reporting party. A Mandatory Reporter is not permitted to make an anonymous Report in order to meet their obligations as a Mandatory Reporter.
In contrast with Mandatory Reporters, Confidential Employees are not required to share information about concerns of which they become aware in certain circumstances. For example, a Confidential Employee does not need to make a report if they receive information confidentially in the context of providing professional services (such as health care, pastoral counseling, and mental health counseling) or as an employee supporting a professional in providing such services.
Designated Confidential Employees at the University include:
- Counseling Center professional counselors, and professional student trainees;
- Health Services providers, and professional student trainees;
- Director of Campus Ministry, other priests and pastoral counselors;
- the Administrative Assistant for Counseling, Disability and Health Services; and
- individuals who conduct human subjects-research studies that have been approved by the Institutional Review Board (“IRB”) and which are designed to gather information about Discrimination, including Sexual Misconduct.
In general, the Title IX and Civil Rights Coordinator (“TIXCR”) will not call the Police (University, Greensburg, or otherwise) without your express request or agreement. However, the TIXCR is available to assist you in contacting the police, if you wish.
TIXCR does provide de-identified statistics about crimes that are reported on or near campus for the purpose of compiling data for the University’s Annual Security and Fire Safety Report, as required by the Clery Act.
In very limited circumstances, where a crime has occurred and poses an ongoing threat to students and employees, TIXCR may be required to provide information to University Police so a “timely warning” can be issued, as required by the Clery Act. In such instances, the TIXCR will protect the privacy of the Complainant (Impacted Party) to the greatest extent possible while also providing the community with information about potential risks. The “timely warning” will not include any identifying information about the Complainant.
If you are under age 18 and report something that could be child abuse, TIXCR is required to make a report to the state child protective services agency under the Child Protective Services Law.
TIXCR does provide de-identified statistics about crimes that are reported on or near campus for the purpose of compiling data for the University’s Annual Security and Fire Safety Report, as required by the Clery Act.
In very limited circumstances, where a crime has occurred and poses an ongoing threat to students and employees, TIXCR may be required to provide information to University Police so a “timely warning” can be issued, as required by the Clery Act. In such instances, the TIXCR will protect the privacy of the Complainant (Impacted Party) to the greatest extent possible while also providing the community with information about potential risks. The “timely warning” will not include any identifying information about the Complainant.
If you are under age 18 and report something that could be child abuse, TIXCR is required to make a report to the state child protective services agency under the Child Protective Services Law.