Your Options

If you feel more comfortable discussing your experiences and options with someone unrelated to Mount Aloysius College please visit our Resources Page which has information for both off-campus and online resources you may find beneficial.

Supportive Measures are individualized services, accommodations, and other assistance that the College offers to any students or employees and may be put in place without fee or charge.

Supportive Measures are designed to restore or preserve equal access to the College’s programs and activities, protect the safety of all parties and the College’s educational environment, and/or deter Prohibited Conduct, without being punitive or disciplinary in nature or unreasonably burdening the other party.

Supportive Measures are available regardless of whether the matter is reported to the College for the purpose of initiating a proceeding under College policy and before, after, and regardless of whether a Formal Complaint is filed. A Reporter who requests Supportive Measures has the right to file a Formal Complaint, either at the time the Supportive Measure is requested or at a later date. The College will also implement Supportive Measures for Respondents as requested and appropriate.

Supportive Measures may include, but are not limited to, the following to the extent reasonably available and appropriate:

For Students:

• Academic measures, such as, assistance in transferring to another section of a course, assistance in requesting withdrawal or an incomplete grade in a particular course, leaves of absence or withdrawal from the College, or assistance requesting alternate methods of completing coursework;

• Housing measures, such as requiring a Student to relocate College housing assignment pending the outcome of a conduct investigation or proceeding. This may also include facilitating changes from an on-campus housing location to alternate housing, and assistance in exploring alternative housing off-campus.

• Employment measures, such as, arranging for alternate College employment, different work shifts, etc.;

• Arranging a meeting with the Title IX Coordinator and/or Campus Safety to discuss or report alleged violations of Prohibited Conduct;

• Arranging a meeting with the Office of Anti-Violence Initiatives and/or Campus Police Services to discuss safety planning;

• Arranging access to counseling and/or medical services and assistance in setting up initial appointments;

• Transportation or parking accommodations;

• Restorative practices, which would include voluntary participation in a discussion by trained facilitators with any persons or departments harmed and development of a shared agreement of how to correct the harm;

• Any other measure that may be arranged by the College (to the extent reasonably available) to ensure the safety and well-being of a Student and/or the College community affected by the Prohibited Conduct;

• Implementation of a No Contact Directive.

For Employees:

• Employment accommodations, such as temporary assignment, if appropriate, to other work duties and responsibilities, or other work locations, or other work groups/teams or alternative supervision/management;

• Arranging a meeting with the Title IX Coordinator and/or Title IX Deputy Coordinator, EEO, and/or Campus Safety to discuss or report Prohibited Conduct;

• Arranging a meeting with Campus Safety to discuss safety planning;

• Arranging access to counseling and/or medical services and assistance in setting up initial appointments;

• Transportation or parking accommodations; and

• Any other measures that may be arranged by the College (to the extent reasonably available) to ensure the safety and well-being of an employee who has been affected by a Title IX Sexual Harassment outlined within this Policy.

If you are interested in any of these measures please contact:

Title IX Coordinator, Dr. Robin Gore, at rgore@mtaloy.edu, 814-886-6472

The following summarizes the rights granted to the parties (meaning the Reporter – the individual who has alleged to experience sexual violence) and the Respondent (the individual who has been accused of violating College Policy) in a College resolution process:

Fair Process: Right to a fair and equitable investigation and resolution of all allegations of Prohibited Conduct after a Formal Complaint has been filed, conducted by Investigators, Title IX Coordinators, and Decision-maker(s) who are qualified and have received relevant and appropriate training.

Respect: Right to be treated with respect by College officials throughout the grievance process.

Advisor: Right to an advisor of choice during all stages of the College resolution process. An Advisor must conduct questioning (cross-examination) during a hearing.

Supportive Measures: The right to receive Supportive Measures regardless of whether a Formal Complaint is signed.

Law Enforcement: Right to be informed of on an off-campus law enforcement options and to be assisted in reporting to law enforcement. Additionally, the right to not be forced, coerced, or pressured into reporting to law enforcement.

Presumed Not Responsible: Right for the Respondent to be presumed “not responsible” for violating College Policy until a determination regarding responsibility has been made.

Formal Complaint: Right for a Reporter to sign a Formal Complaint, or a Formal Complaint that is signed by the Title IX Coordinator.

Written Notice: Right to receive written Notice of Allegations which includes, but may not be limited to:

● Notice of the party’s rights and options

● Notice of Mount Aloysius’ grievance process

● Notice of Mount Aloysius’ informal resolution process and options

● Notice of the allegations of Sexual Harassment including:

○ The identities of the parties involved in the incident, if known,

○ The conduct allegedly constituting Sexual Harassment, and

○ The date and location of the incident, if known.

● Notice that the Respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process.

● Notice that the parties may have an advisor of their choice, who may be, but is not required to be an attorney, and that the advisor may inspect and review evidence as explained in the Policy.

● Notice of the Policy provision that prohibits knowingly making false statements or knowingly submitting false information during the grievance process.

Informal Resolution: Right to request an informal resolution (when the matter does not involve an employee Respondent and a student Reporter) after a Formal Complaint has been signed but not be pressured, forced, or coerced into an informal resolution process.

Sufficient Notice: Right to receive sufficient notice of any meeting or interview, including the names of individuals who will attend the interview or meeting and the reason for the meeting.

Provide Information and Witnesses: Right to provide investigator(s) with information to review and present witnesses for the investigator(s) to interview, as deemed relevant.

Inspect and Review Evidence: Right to inspect and review relevant evidence and information directly related to the allegations and the opportunity to provide a written response within ten (10) days to the Investigator(s).

Investigative Report: The right to be provided with an investigation report that fairly summarizes the relevant evidence obtained during the investigation at least ten (10) days prior to a hearing with an opportunity to respond to the investigation report in writing.

Hearings: The right to a live hearing for all formal complaints of Prohibited Conduct that have not been dismissed or resolved by informal resolution. At the request of either party, or at the discretion of the Title IX Coordinator, the live hearing may occur with parties located in separate rooms with technology enabling the Decision-maker(s) and parties to simultaneously see and hear the other party or witnesses answering questions.

Privacy: The right to preservation of privacy, to the extent possible and permitted by law.

Closed Meetings: The right for all meetings, interviews, and hearings to be closed to the public.

Challenge Impartiality or Bias of Title IX Officials: The right to challenge the impartiality or bias of the Title IX Coordinator, investigator(s), or Decision-maker(s).

Preponderance of the Evidence: The right for the allegations to be resolved using a preponderance of the evidence standard.

Present: Right to be seen and heard in person, or via technology, during all the hearing and including the right to see and hear the opposing party.

Questions: Right to ask questions of the opposing party and witnesses through an Advisor at the hearing.

Written Determination: Right to receive a written determination after the hearing which includes:

● Identification of the allegations potentially constituting Sexual Harassment or other forms of Prohibited Conduct;

● A description of the procedural steps taken from the receipt of the Formal Complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held;

● Findings of fact supporting the determination;

● Conclusions regarding the application of the Policy to the facts;

● A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions that Mount Aloysius College imposes on the Respondent, and whether remedies designed to restore or preserve equal access to Mount Aloysius’ education program or activity will be provided by Mount Aloysius to the Reporter; and

● The procedures and permissible bases for the Reporter and Respondent to appeal.

Final Resolution: Right to be informed when the determination becomes final.

Appeal: Right to appeal the written determination or the dismissal of a Formal Complaint.

Further, students at the College have the same rights and protections under the Constitutions of the United States and the State of Pennsylvania as other citizens. These rights include freedom of expression, press, religion, and assembly. As members of the College community, students have the right to express their own views, but must also take responsibility for respecting the same rights of others.

Mount Aloysius College strictly prohibits and does not tolerate unlawful discrimination against any person on the basis of age, ancestry, color, disability or handicap, national origin, race, religious creed, gender, gender identity, sexual orientation, genetic information or veteran status in the administration of its admissions and employment practices, educational policies, financial aid, scholarship and loan programs, athletics or any other College administered program.

Any person with limited language skills will be eligible for assistance in language skills from the College upon request. The College will provide such assistance to assure that any person with limited English language skills will not have language act as a barrier either to admission or to participation in programs of the College.

Mount Aloysius is committed to building an inclusive community that values each person and respects diversity of all kinds – diversity of thought, experience, culture, ethnicity, gender/gender identity, sexual orientation, disability, etc. to create a workplace where everyone participates and is able to contribute their own unique gifts, talents and perspectives.

All members of the community have the right to be treated fairly and with dignity regardless of race, creed, color, national origin, nationality, ancestry, age, sex/gender (including pregnancy), marital status, civil union status, domestic partnership status, familial status, religion, affectional or sexual orientation, gender identity or expression, atypical hereditary cellular or blood trait, genetic information, liability for service in the Armed Forces of the United States, or disability.

Members of the campus community have the right to have access to the College policies that affect them. The College is committed to providing parties with a balanced and fair system of accountability and dispute resolution. Accordingly, members of the community will be provided appropriate procedural standards that are administrative in nature and should not be equated with procedures used in civil or criminal court.

Per the College’s Comprehensive Policy on Title IX all students may be accompanied to any meeting or hearing by an advisor of their choice. An Advisor may be a friend, family member, lawyer or other individual of the party’s choosing. Additionally, there are professional faculty and staff members from the College who have received specific training on this Policy, processes, and the rights afforded to parties.

Role of Advisor

Except where explicitly stated by College Policy, as consistent with the Title IX Final Rule, Advisors of choice shall not participate directly in any process or represent any person involved; nor can an Advisor speak, write, or otherwise communicate with an Investigator, conduct administrator, Hearing Administrator, or appeal officer on behalf of the individual they are advising as per standard policy and practice of Mount Aloysius College. If an Advisor is also an attorney, the Advisor is still limited to the supportive and non-participatory role.

During meetings and proceedings — Generally the Advisor is limited to talking quietly with the party or passing/writing notes to them in a non-disruptive manner. If the Advisor believes a break may be beneficial to consult with their advisee, they (or the party themselves) may request a reasonable number of breaks.

During a formal administrative hearing — Similarly, a party may request to consult with their Advisor at any point in the hearing in a non-disruptive manner, however, the Advisor may not represent or otherwise speak for the party they are supporting except during the cross-examination portion of hearing. Once the Hearing Administrator has concluded asking all relevant questions, each party’s Advisor is permitted to conduct cross-examination by asking the other party and any witnesses any relevant questions and follow-up questions, including that challenging credibility, subject to the Hearing Administrator’s control and rules regarding relevance. Such questioning must be conducted directly, orally, and in real time by the party’s Advisor and never by a Reporter or Respondent personally. Advisors may not engage in behavior or advocacy that harasses, abuses, or intimidates either the Reporting or Responding party, a witness, or individuals involved in resolving the complaint. All parties and their Advisors shall be subject to the College’s rules of decorum, and may be removed from a hearing upon violation of those Rules.

Although parties are strongly encouraged to be accompanied by an Advisor (who can, but is not required to be an attorney) for all meetings, should they proceed without an Advisor, and should this matter proceed to a formal administrative hearing under the Policy, then an Advisor designated by the College will be provided to the party, at no cost or fee to them, for purposes of conducting cross-examination during the hearing. This is required by federal regulations.

NOTE — This is merely a general overview and the role of the Advisor and the ways in which they can offer tangible support throughout a resolution process extends beyond what has been detailed here. In order to provide accurate information, appropriate assistance, and support, it is recommended that Advisors to a party understand the College’s resolution process and their role within that process. Advisors are encouraged to speak with the Title IX Coordinator and/or Investigator about the College resolution process and review applicable College policies and procedures governing such proceedings.

Can an Advisor request for a meeting/proceeding to be postponed?

The College’s obligations to investigate and adjudicate in a prompt timeframe under Title IX and other matters governed under the Policy, and the College cannot agree to extensive delays solely to accommodate the schedule of an Advisor of choice. Where a delay for good cause may be warranted, the party may submit a written request for postponement to the lead Investigator on the case. The determination of what is reasonable shall be made by the Title IX Coordinator or designee. The College will not be obligated to delay a meeting or hearing under this process more than five (5) days due to the unavailability of an Advisor of choice, and may offer the party the opportunity to obtain a different Advisor or utilize one provided by the College. As such, it is the responsibility of the individual party to coordinate scheduling with their Advisor for any meetings and/or proceedings

How can an Advisor be most helpful to a party?

Advisors may offer invaluable support to the party and provide advice about how to best navigate the resolution process. Some other ways to describe an Advisor would be:

● a form of support

● an “expert”

● a sounding board

● a reviewer

● a active, nonjudgmental listener

● a “devil’s advocate”

● an educator

A helpful rule of thumb is that Advisors should avoid attempting to be a “go-between” for

the party and the College, a negotiator, an investigator or Decision-maker, or assuming the role/function of a prosecutor or defense attorney (even if they are one professionally). In order to provide accurate information, appropriate assistance, and support, it is recommended that Advisors to a party understand the College’s resolution process and their role within that process. Advisors are encouraged to speak with the Title IX Coordinator and/or Investigator about the College resolution process and review applicable College policies and procedures governing such proceedings.

Additionally, Advisors can offer the most support the more they know about the situation/process. As such, it’s encouraged that the party share with their Advisor pertinent information about the incident/case to the extent that the party feels comfortable so the Advisor can offer guidance that’s tailored to the party’s individual needs. For example, it may be challenging for an Advisor to help a party craft an appeal if they do not know what was included in the investigation report or in the decision rationale.

Are parties required to utilize an Advisor?

Yes and no. The College always recommends the use of an Advisor as these cases can be challenging and having a solid support system to turn to is important. But, parties can ultimately choose whether they’d like to have an Advisor present and/or assist them throughout the process – with the exception of the hearing, where having an Advisor present is required.

Although parties are strongly encouraged to be accompanied by an Advisor (who can, but is not required to be an attorney) for all meetings, should they proceed without an Advisor, and should this matter proceed to a formal administrative hearing under the Policy, then an Advisor designated by the College will be provided to the party, at no cost or fee to them, for purposes of conducting cross-examination during the hearing. This is required by federal regulations.

Can an attorney serve as an Advisor to a party?

Yes. Although neither the Reporter or Respondent is required to select an attorney to serve in the role as an advisor, each is permitted to do so. However, the role of the advisor is limited. Parties choosing to utilize an attorney as an Advisor should inform the Title IX and Sexual Misconduct Investigator so that the College can make necessary arrangements in preparation for upcoming meetings/proceedings.

Advisor Designation Form

To be filled out by the student and submitted to the Office of Title IX and Sexual Misconduct upon choosing an Advisor.