Title IX Policies

Adopted July 31, 2024

• Training of Title IX Personnel
• Title IX Contacts and Resources

• Mandated Reporting and Confidential Employees
• Scope
• Jurisdiction
• Supportive Measures
• Online Harassment and Misconduct
• Inclusion Related to Gender Identity/Expression
• Prohibited Conduct
• Time Limits on Reporting
• False Allegations and Evidence
• Emergency Removal
• Amnesty
• Notice/Complaint
• Collateral Misconduct
• Initial Evaluation
• Dismissal
• Appeal of Dismissal
• Emergency Removal/Interim Suspension of a Student
• Placing an Employee on Leave
• Advisors in the Resolution Process
• Resolution Options Overview
• Notice of Investigation and Allegations (NOIA)
• Resolution Timeline
• Investigator Appointment
• Witness Role and Participation in the Investigation
• Evidentiary Considerations
• Respondent Admits Responsibility
• Investigation
• Hearing Resolution Process
• Hearing Notice
• Witness Participation
• Pre-Hearing Meetings
• Hearing Procedures
• Deliberation and Determination
• Sanctions
• Notice of Outcome
• Withdrawal or Resignation Before Complaint Resolution
• Appeal of the Determination
• Long-Term Remedies/Other Actions
• Failure to Comply with Sanctions, Responsive Actions, and/or Informal Resolution Terms
• Recordkeeping
• Accommodations and Support During the Resolution Process
• Revision of these Procedures

• Appendix A
• Appendix B
• Appendix C
• Appendix D: Pregnancy and Related Conditions

 

Statement of Policy Against Title IX Sexual Discrimination and Harassment

In compliance with Title IX, a federal law, Juniata College does not discriminate on the basis of sex in the education programs or activities that it operates. Title IX of the Education Amendments of 1972 (20 U.S.C. §1681, et seq.) and its implementing regulations (34 C.F.R. Part 106) prohibit discrimination on the basis of sex in education programs and activities.

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any Education Program or Activity receiving Federal financial assistance.

Title IX requires that colleges and universities maintain an environment free from sex discrimination for all faculty, staff, and students. Under Title IX, discrimination on the basis of sex includes Title IX Sexual Harassment, Sexual Assault, Domestic Violence, Dating Violence, and Stalking. Sexual harassment is also prohibited by Title VII of the Civil Rights Act of 1964 and by the state law.

Inquiries about the application of Title IX and its regulations may be referred to:

Dan Cook-Huffman
Title IX Coordinator
Email: titleix@juniata.edu 

Cady Kyle
Deputy Title IX Coordinator
Office Address: Human Resources
Email: kylec@juniata.edu 
Telephone Number: (814) 641-3197

Title IX Web page: https://www.juniata.edu/its-on-us/title-ix-related-policies/index.php

This Policy covers nondiscrimination in both employment and access to educational opportunities. Therefore, any member of the Juniata College community whose acts deny, deprive, unreasonably interfere with or limit the education or employment, residential and/or social access, benefits, and/or opportunities of any member of Juniata College community, guest, or visitor on the basis of that person’s actual or perceived protected characteristic(s), is in violation of this Policy.

Juniata College will promptly and effectively address any such discrimination of which it has Knowledge/Notice using the resolution process in the Title IX Procedures.

The Title IX Coordinator(s) acts with independence and authority, free from bias and conflicts of interest. The Title IX Coordinator(s) oversees all resolutions under this Policy and these procedures. To raise any concern involving bias, conflict of interest, misconduct, or discrimination by the Title IX Coordinator(s), contact General Counsel. Concerns of bias, misconduct, discrimination, or a potential conflict of interest by any other Resolution member should be raised with the Title IX Coordinator.

 

1. Mandated Reporting and Confidential Employees

All Juniata College faculty and employees (including student-employees), other than those deemed Confidential Employees, are Mandated Reporters and are expected to promptly report all known details of actual or suspected Title IX sex discrimination, harassment, retaliation, and/or Other Prohibited Conduct within this policy, to appropriate officials immediately, although there are some limited exceptions. Supportive measures may be offered as the result of such disclosures without formal Juniata College action.

Complainants may want to carefully consider whether they share personally identifiable details with Mandated Reporters, as those details must be shared with the Title IX Coordinator.  

The following sections describe Juniata College’s reporting options for a Complainant or third party (including parents/guardians when appropriate):

A.    Confidential Employees

There are three categories of Confidential Employees: 1) Those with confidentiality bestowed by law or professional ethics, such as lawyers, medical professionals, clergy, and mental health counselors; 2) Those whom Juniata College has specifically designated as Confidential Resources for purposes of providing support and resources to the Complainant; and 3) Those conducting human subjects research as part of a study approved by the Juniata College’s Institutional Review Board (IRB). For those in category 1), above, to be able to respect confidentiality, they must be in a confidential relationship with the person reporting, such that they are within the scope of their licensure, professional ethics, or confidential role at the time of receiving the Notice. These individuals will maintain confidentiality except in extreme cases of immediacy of threat or danger or abuse of a minor, elder, or individual with a disability, or when required to disclose by law or court order.

To enable Complainants to access support and resources without filing a Complaint, Juniata College has designated specific employees as Confidential Resources. Those designated by Juniata College as Confidential Resources are not required to report actual or suspected TIX sex discrimination, harassment, or retaliation in a way that identifies the Parties.  They will, however, provide the Complainant with the Title IX Coordinator’s contact information and offer options and resources without any obligation to inform an outside agency or Juniata College official unless a Complainant has requested the information be shared.

If a Complainant would like the details of an incident to be kept confidential, the Complainant may speak with the following Confidential Employees: 

Confidential Employees

• On-campus licensed professional counselors and staff
• On-campus health service providers and staff
• On-campus members of the clergy/chaplains working within the scope of their licensure or ordination

Designated Confidential Resources

• Director of The Office for the Prevention of Interpersonal Violence
• On-campus Victim Advocates

Employees who have confidentiality as described above, and who receive Notice within the scope of their confidential roles will timely submit anonymous statistical information for Clery Act statistical reporting.

In addition, Complainants may speak with individuals unaffiliated with Juniata College without concern that Policy will require them to disclose information to the institution without permission:

• Licensed professional counselors and other medical providers
• Local rape crisis counselors
• Domestic violence resources
• Local or state assistance agencies
• Clergy/Chaplains

Back to Top

2. Scope

This Policy is only applicable to alleged incidents that occur on or after August 1, 2024. For alleged incidents of sex discrimination or sexual harassment occurring prior to August 1, 2024, the policy and procedures in place at the time of the alleged incident apply. Applicable versions of those policies and procedures are available here.

This Policy applies to all faculty, employees, students, and other individuals participating in or attempting to participate in Juniata College’s program or activities, including education and employment.

This Policy prohibits all forms of Title IX sex discrimination on the basis of the protected characteristic(s), and may be applied to incidents, to patterns, and/or to the institutional culture/climate, all of which may be addressed in accordance with this Policy.

3. Jurisdiction

This Policy applies to Juniata College’s education programs and activities (defined as including locations, events, or circumstances in which Juniata College exercises substantial control over both the Respondent and the context in which the conduct occurred), circumstances where Juniata College has disciplinary authority, and to misconduct occurring within any building owned or controlled by a Juniata College-recognized student organization. A Complainant does not have to be a member of the Juniata College community to file a Report.

This Policy may also apply to the effects of off-campus misconduct that limit or deny a person’s access to Juniata College’s education program or activities. Juniata College may also extend jurisdiction to off-campus and/or to online conduct when the conduct affects a substantial Juniata College interest. 

For disciplinary action to be issued under this Policy, the Respondent must be a Juniata College faculty member, student, or employee at the time of the alleged incident. Juniata considers an individual to be a student upon the College’s receipt of the student’s matriculation deposit, or in the case of dual enrollment, exchange, or graduate students, for example, the confirmation of a student’s enrollment in the educational program. If the Respondent is unknown or is not a member of the Juniata College community, the Title IX Coordinator will offer to assist the Complainant in identifying appropriate institutional and local resources and support options and will implement appropriate supportive measures and/or remedial actions (e.g., trespassing a person from campus). Juniata College can also assist in contacting local or institutional law enforcement if the individual would like to file a police report about criminal conduct.

All vendors serving Juniata College through third-party contracts are subject to the policies and procedures of their employers and/or to these policies and procedures to which their employer has agreed to be bound by their contracts. 

When a party is participating in a dual enrollment program, Juniata College will coordinate with the party’s home institution to determine jurisdiction and coordinate providing supportive measures and responding to the complaint under the appropriate policy and procedures based on the allegations and identities of the Parties.

When the Respondent is enrolled in or employed by another institution, the Title IX Coordinator can assist the Complainant in contacting the appropriate individual at that institution, as it may be possible to pursue action under that institution’s policies. 

Similarly, the Title IX Coordinator may be able to assist and support a student or employee Complainant who experiences Title IX sex discrimination in an externship, study abroad program, or other environment external to the Juniata College where sexual harassment or nondiscrimination policies and procedures of the facilitating or host organization may give the Complainant recourse. If there are effects of that external conduct that impact a student or employee’s work or educational environment, those effects can often be addressed remedially by the Title IX Coordinator if brought to their attention.

Back to Top

4. Supportive Measures

Juniata College will offer and implement appropriate and reasonable supportive measures to the Parties upon Notice of alleged Title IX sex discrimination, harassment, and/or retaliation. Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate and reasonably available. They are offered, without fee or charge to the Parties, to restore or preserve access to the Juniata College’s education program or activity, including measures designed to protect the safety of all Parties and/or Juniata College’s educational environment and/or to deter Title IX sex discrimination, harassment, and/or retaliation. 

The Title IX Coordinator promptly makes supportive measures available to the Parties upon receiving Notice/Knowledge of a Complaint. At the time that supportive measures are offered, if a Complaint has not been filed, the Title IX Coordinator will inform the Complainant, in writing, that they may file a Complaint with the Juniata College either at that time or in the future. The Title IX Coordinator will work with a party to ensure that their wishes are considered with respect to any planned and implemented supportive measures. 

Juniata College will maintain the confidentiality of the supportive measures, provided that confidentiality does not impair the College’s ability to provide those supportive measures. Juniata College will act to ensure as minimal an academic/occupational impact on the Parties as possible. Juniata College will implement measures in a way that does not unreasonably burden any party.

These actions may include, but are not limited to: 

• Referral to counseling, medical, and/or other healthcare services
• Referral to the Employee Assistance Program
• Referral to community-based service providers
• Visa and immigration assistance
• Student financial aid counseling
• Education to the institutional community or community subgroup(s)
• Altering campus housing assignment(s)
• Altering work arrangements for employees or student-employees
• Safety planning
• Providing campus safety escorts
• Providing transportation assistance
• Implementing contact restrictions (no contact orders) between the Parties
• Academic support, extensions of deadlines, or other course/program-related adjustments
• Trespass, Persona Non Grata (PNG), or Be-On-the-Lookout (BOLO) orders
• Timely warnings
• Class schedule modifications, withdrawals, or leaves of absence
• Increased security and monitoring of certain areas of the campus 
• Any other actions deemed appropriate by the Title IX Coordinator

Violations of no contact orders or other restrictions may be referred to appropriate student or employee conduct processes for enforcement or added as collateral misconduct allegations to an ongoing Complaint under this Policy.

The Parties are provided with a timely opportunity to seek modification or reversal of the Title IX Coordinator’s decision to provide, deny, modify, or terminate supportive measures applicable to them. A request to do so should be made in writing to the Title IX Coordinator. An impartial employee other than the employee who implemented the supportive measures, who has authority to modify or reverse the decision, will determine whether to provide, deny, modify, or terminate the supportive measures if they are inconsistent with the Title IX definition of supportive measures. Juniata College typically renders decisions on supportive measures within seven (7) business days of receiving a request and provides a written determination to the impacted party(ies) and the Title IX Coordinator.   

Back to Top

5. Online Harassment and Misconduct

Juniata College policies are written and interpreted broadly to include online manifestations of any of the behaviors prohibited below, when those behaviors occur in or have an effect on Juniata College’s education program and activities, or when they involve the use of Juniata College networks, technology, or equipment. 

Although Juniata College may not control websites, social media, and other venues through which harassing communications are made, when such communications are reported to Juniata College, it will engage in a variety of means to address and mitigate the effects. 

Back to Top

6. Inclusion Related to Gender Identity/Expression

Juniata College strives to ensure that all individuals are safe, included, and respected in their education and employment environments, regardless of their gender identity or expression, including intersex, nonbinary, transgender, agender, two-spirit, and gender-diverse students and employees. Discrimination and harassment on the basis of gender identity or expression are not tolerated by Juniata College. If a member of the Juniata College community believes they have been subjected to discrimination under this Policy, they should follow the appropriate reporting process described herein.

Concepts like misgendering and deadnaming may not be familiar to all but understanding them is essential to Juniata College’s goal of being as welcoming and inclusive a community as possible. Misgendering or mispronouning is the intentional or unintentional use of pronouns or identifiers that are different from those used by an individual. Unintentional misgendering is usually resolved with a simple apology if someone clarifies their pronouns for you. Intentional misgendering is inconsistent with the type of community we hold ourselves out to be and may constitute a Policy violation if the effect is greater than de minimis harm. We each have a right to determine our own gender identity and expression, but we don’t get to choose or negate someone else’s. 

Deadnaming, along with misgendering, can be very traumatic to a person who is transgender, transitioning, nonbinary, or gender diverse. Deadnaming means using someone’s birth-assigned (cisgender) name, rather than the name they have chosen. To a person who is transgender, transitioning, nonbinary, or gender diverse, their cisgender identity may be something that is in their past — dead, buried, and behind them. To then revive their deadname could trigger issues, traumas, and experiences of the past that the individual has moved past, or is moving past, and can interfere with their health and well-being. 

Again, unintentional deadnaming can often be addressed by a simple apology and an effort to use the person’s chosen name. Intentional deadnaming could be a form of bullying, outing, or otherwise harassing an individual, and thus should be avoided. 

Juniata College uses a number of interventions to address concerns that are raised related to gender-based harassment or discrimination, including problem-solving, intervention, confrontation, investigation, and Policy enforcement. 

Back to Top

7. Prohibited Conduct

Students and employees are entitled to an educational and employment environment that is free of discrimination, harassment, and retaliation. This Policy is not meant to inhibit or prohibit educational content or discussions inside or outside of the classroom that include germane, but controversial or sensitive, subject matters protected by academic freedom. 

The sections below describe the specific forms of legally prohibited Title IX Sex Discrimination, harassment, and retaliation that are also prohibited under Juniata College Policy. Title IX Sex Discrimination is a broad term encompassing Sex Discrimination and Sex-based harassment as defined in this Policy.

All offense definitions below encompass actual and/or attempted offenses.

Any of the following offenses can be charged as or combined as pattern offenses, in which case the Notice of Investigation and Allegation (NOIA) will clearly indicate that both individual incidents and a pattern of conduct are being investigated. A pattern may exist and be charged when there is a potential substantial similarity to incidents where the proof of one could make it more likely that the other(s) occurred, and vice versa. Patterns may exist based on target selection, similarity of offense, or other factors. Where a pattern is found, it can be the basis to enhance sanctions, accordingly.

Violation of any other Juniata College policies may constitute discrimination or harassment when motivated by actual or perceived protected characteristic(s), and the result is a limitation or denial of employment or educational access, benefits, or opportunities. 

Title IX Sex Discrimination is a broad term encompassing sex discrimination and sex-based harassment as defined in this policy. 

The following forms of conduct are prohibited under this policy:  

Sex Discrimination is discrimination on the basis of sex, including discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.

Sex-based Harassment is a form of sex discrimination and means sexual harassment and other harassment on the basis of sex, including harassment on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity; sexual assault, dating violence, domestic violence, and stalking.

Prohibited sex-based harassment includes the following conduct:

(1) Quid pro quo harassment:

• an employee, agent, or other person authorized by Juniata College 
• to provide an aid, benefit, or service under Juniata College’s education program or activity 
• explicitly or impliedly conditioning the provision of such an aid, benefit, or service 
• on a person’s participation in unwelcome sexual conduct.

(2) Hostile environment harassment:

• unwelcome sex-based conduct, that 
• based on the totality of the circumstances,
• is subjectively and objectively offensive, and 
• is so severe or pervasive, 
• that it limits or denies a person’s ability to participate in or benefit from Juniata College’s education program or activity. 

Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:

1. The degree to which the conduct affected the individual’s ability to access Juniata College’s education program or activity;
2. The type, frequency, and duration of the conduct;
3. The parties’ ages, and roles within Juniata College’s education program or activity, previous interactions, and other factors about a party that may be relevant to evaluating the effects of the conduct;
4. The location of the conduct and the context in which the conduct occurred; and
5. Other sex-based harassment in Juniata College’s education program or activity.

(3) Sexual Assault is defined as any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity. All offense definitions below encompass actual and/or attempted offenses. Sexual Assault includes: 

Rape: Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim. 

Sodomy: Oral or anal sexual intercourse with another person, without the consent of the victim.

Sexual Assault with an Object: To use an object or instrument to unlawfully penetrate however slightly, the genital or anal opening of the body of another person, without the consent of the victim.

Fondling: The touching of the private parts of another person for the purpose of sexual gratification, without the consent of the victim.

Incest: Nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

Statutory Rape: Nonforcible sexual intercourse with a person who is under the statutory age of consent.

Dating Violence is violence committed by a person:

1. Who is or has been in a social relationship of a romantic or intimate nature with the victim; and
2. Where the existence of such a relationship will be determined based on a consideration of the following factors:
   1. The length of the relationship
   2. The type of relationship
   3. The frequency of interaction between the persons involved in the relationship.

Domestic Violence includes felony or misdemeanor crimes of violence committed by a person who:

1. Is a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the jurisdiction of the College, or a person similarly situated to a spouse of the victim;
2. Is cohabitating with or has cohabitated with the victim as a spouse or intimate partner;
3. Shares a child in common with the victim; or
4. Commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the jurisdiction.

Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to

1. fear for his or her safety or the safety of others; or 
2. suffer substantial emotional distress.

Retaliation: Intimidation, threats, coercion, or discrimination against any person by the College, a student, or an employee or other person authorized by the College to provide aid, benefit, or service under Juniata College’s education program or activity, for the purpose of interfering with any right or privilege secured by Title IX, or because the person has reported information, made a Complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this part, including in an Informal Resolution process, in Resolution procedures, and in any other actions taken by a College under this policy. Nothing in this definition or this part precludes the College from requiring an employee or other person authorized by the College to provide aid, benefit, or service under the College’s education program or activity to participate as a witness in, or otherwise assist with, an investigation, proceeding, or hearing under this part.

Sanction Ranges

The following sanction ranges apply for Prohibited Conduct under this Policy. Sanctions can be assigned outside of the specified ranges based on aggravating or mitigating circumstances, or the Respondent’s cumulative conduct record.

• Discrimination: warning through expulsion or termination.
• Discriminatory Harassment: warning through expulsion or termination.
• Quid Pro Quo Harassment: warning through expulsion or termination. 
• Hostile Environment Harassment: warning through expulsion or termination. 
• Rape: suspension through expulsion or termination.
• Fondling: warning through suspension or termination. 
• Incest: warning through expulsion or termination.
• Statutory Rape: warning through expulsion or termination. 
• Stalking: warning through expulsion or termination. 
• Dating/Domestic Violence: warning through expulsion or termination. 
• Sexual Exploitation: warning through expulsion or termination.
• Bullying: warning through expulsion or termination.
• Endangerment: warning through expulsion or termination.
• Hazing: warning through expulsion or termination.
• Retaliation: warning through expulsion or termination.
• Unauthorized Disclosure: warning through expulsion or termination.
• Failure to Comply/Process Interference: warning through expulsion or termination.

Consent, Force, and Incapacitation

As used in this Policy, the following definitions and understandings apply:

1) Consent
Consent is defined as: 

• knowing, and
• voluntary, and
• clear permission 
• by word or action 
• to engage in sexual activity.

Individuals may perceive and experience the same interaction in different ways. Therefore, it is the responsibility of each party to determine that the other has consented before engaging in the activity. 

If consent is not clearly provided prior to engaging in the activity, consent may be ratified by word or action at some point during the interaction or thereafter, but clear communication from the outset is strongly encouraged.

For consent to be valid, there must be a clear expression in words or actions that the other individual consented to that specific sexual conduct. Consent is evaluated from the perspective of what a reasonable person would conclude are mutually understandable words or actions. Reasonable reciprocation can establish consent. For example, if someone kisses you, you can kiss them back (if you want to) without the need to explicitly obtain their consent to be kissed back. 

Consent can also be withdrawn once given, as long as the withdrawal is reasonably and clearly communicated. If consent is withdrawn, sexual activity should cease within a reasonably immediate time. 

Silence or the absence of resistance alone should not be interpreted as consent. Consent is not demonstrated by the absence of resistance. While resistance is not required or necessary, it is a clear demonstration of non-consent.

Consent to some sexual contact (such as kissing or fondling) cannot be assumed to be consent for other sexual activity (such as intercourse). A current or previous intimate relationship is not sufficient to constitute consent. If an individual expresses conditions on their willingness to consent (e.g., use of a condom) or limitations on the scope of their consent, those conditions and limitations must be respected. If a sexual partner shares the clear expectation for the use of a condom, or to avoid internal ejaculation, and those expectations are not honored, the failure to use a condom, removing a condom, or internal ejaculation can be considered acts of sexual assault.

Proof of consent or non-consent is not a burden placed on either party involved in a Complaint. Instead, the burden remains on Juniata College to determine whether its Policy has been violated. The existence of consent is based on the totality of the circumstances evaluated from the perspective of a reasonable person in the same or similar circumstances, including the context in which the alleged misconduct occurred and any similar and previous patterns that may be evidenced. 

Going beyond the boundaries of consent is prohibited. Thus, unless a sexual partner has consented to slapping, hitting, hair pulling, strangulation, or other physical roughness during otherwise consensual sex, those acts may constitute dating violence or sexual assault.

2) Force

Force is the use of physical violence and/or physical imposition to gain sexual access. Sexual activity that is forced is, by definition, non-consensual, but non-consensual sexual activity is not necessarily forced. Force is conduct that, if sufficiently severe, can negate consent.

Force also includes threats, intimidation (implied threats), and coercion that is intended to overcome resistance or produce consent (e.g., “Have sex with me or I’ll hit you,” which elicits the response, “Okay, don’t hit me. I’ll do what you want.”). 

Coercion is unreasonable pressure for sexual activity. Coercive conduct, if sufficiently severe, can render a person’s consent ineffective, because it is not voluntary. When someone makes clear that they do not want to engage in sexual activity, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive. Coercion is evaluated based on the frequency, intensity, isolation, and duration of the pressure involved. 

3) Incapacitation

Incapacitation is a state where a person is incapable of giving consent. An incapacitated person cannot make rational, reasonable decisions because they lack the capacity to give knowing/informed consent (e.g., to understand the “who, what, when, where, why, and how” of their sexual interaction). A person cannot consent if they are unable to understand what is happening or are disoriented, helpless, asleep, or unconscious for any reason, including because of alcohol or other drug consumption. 

This Policy also covers a person whose incapacity results from a temporary or permanent physical or mental health condition, involuntary physical restraint, and/or the consumption of incapacitating substances.

Incapacitation is determined through consideration of all relevant indicators of a person’s state and is not synonymous with intoxication, impairment, blackout, and/or being drunk. 

If the Respondent neither knew nor should have known the Complainant to be physically or mentally incapacitated, the Respondent is not in violation of this Policy. “Should have known” is an objective, reasonable person standard that assumes that a reasonable person is both sober and exercising sound judgment. 

Standard of Proof

Juniata College uses the preponderance of evidence standard of proof when determining whether a Policy violation occurred. This means that Juniata College will decide whether it is more likely than not based upon the available information at the time of the decision, that the Respondent is in violation of the alleged Policy violation(s). 

Reports/Complaints of Discrimination, Harassment, and/or Retaliation

A Report provides notice to Juniata College of an allegation or concern about Title IX sex discrimination, harassment, or retaliation and provides an opportunity for the Title IX Coordinator to provide information, resources, and supportive measures. 

A Complaint provides notice to Juniata College that the Complainant would like to initiate an investigation or other appropriate resolution procedures. A Complainant or individual may initially make a report and may decide at a later time to make a Complaint. 

Reports or Complaints of Title IX sex discrimination, harassment, and/or retaliation may be made by emailing, calling, or speaking with the Title IX Coordinator. 

1. Submit online Report here 
2. Anonymous Report is accepted, but the Notice may give rise to a need to try to determine the Parties’ identities. Anonymous Notice typically limits Juniata College’s ability to investigate, respond, and provide remedies, depending on what information is shared. Measures intended to protect the community or redress or mitigate harm may be enacted. It also may not be possible to provide supportive measures to Complainants who are the subject of anonymous Notice. 

Reporting carries no obligation to initiate a Complaint, and in most situations, Juniata College is able to respect a Complainant’s request to not initiate a resolution process. However, there may be circumstances, such as pattern behavior, allegations of severe misconduct, or a compelling threat to health and/or safety, where Juniata College may need to initiate a resolution process. If a Complainant does not wish to file a Complaint, Juniata College will maintain the privacy of information to the extent possible. The Complainant should not fear a loss of confidentiality by giving Notice that allows Juniata College to discuss and/or provide supportive measures, in most circumstances.

Back to Top

8. Time Limits on Reporting

There is no time limitation on providing Notice/Complaints to the Title IX Coordinator. However, if the Respondent is no longer subject to the Juniata College’s jurisdiction and/or significant time has passed, the ability to investigate, respond, and/or provide remedies may be more limited or impossible. 

Back to Top

9. False Allegations and Evidence

Deliberately false and/or malicious accusations under this Policy are a serious offense and will be subject to appropriate disciplinary action. This does not include allegations that are made in good faith but are ultimately shown to be erroneous or do not result in a determination of a Policy violation.

Additionally, witnesses and Parties who knowingly provide false evidence, tamper with or destroy evidence, or deliberately mislead an official conducting an investigation or resolution process can be subject to discipline under appropriate Juniata College policies.

Unauthorized Disclosure of Information

Parties and their Advisors are prohibited from disclosing information obtained by Juniata College through the Resolution Process, to the extent that information is the work product of the Juniata College (meaning it has been produced, compiled, or written by Juniata College for purposes of its investigation and resolution of a Complaint), without authorization. It is also a violation of Juniata College Policy to publicly disclose institutional work product that contains a party or witness’s personally identifiable information without authorization or consent. Violation of this Policy is subject to significant sanctions and the Title IX Coordinator may refer the allegation to other office/department for resolution under other applicable college policies.

Back to Top

10. Emergency Removal

Juniata College can act to remove a student Respondent accused of Sex Discrimination or Sex-based Harassment from its education program or activities, partially or entirely, on an emergency basis when an individualized safety and risk analysis has determined that an imminent and serious threat to the health or safety of any student or other individual justifies removal. This risk analysis is performed by the Title IX Coordinator and may be done in partnership with other appropriate college officials. Employees are subject to existing procedures for interim actions and leaves.

If the College determines that there is an immediate threat to the physical health or safety of any person, arising from the allegation(s) of sexual harassment which justifies removal, the Respondent will be provided notice and an opportunity to challenge the decision immediately following the removal.  Typically, the individualized safety and risk analysis will be conducted by a trained college official(s). 

The Respondent has an opportunity to challenge the Emergency Removal by submitting a request for reconsideration to the Title IX Coordinator, who will forward the request to the appropriate College Official to render a decision.  The Respondent will be provided with the opportunity to meet with the person assigned to decide the appeal to present information in support of the appeal. 

The Respondent must submit this request for reconsideration within three (3) college business days from the date of the notice of Emergency Removal, explaining why Emergency Removal is not appropriate.  The College Official may seek additional information from the Respondent, or any other individual involved in an incident(s) to gather additional information to evaluate the request for reconsideration.  The Emergency Removal will remain in place while the request for reconsideration is pending. The decision is final and not subject to further appeal.

Administrative Leave
The College may place a non-student employee Respondent on administrative leave during the pendency of a College process. Such leave will be structured (paid vs. unpaid) at the College’s discretion.  When administrative Leave is imposed, the College will make reasonable efforts to complete the investigation and resolution within a reasonable time frame. 

Back to Top

11. Amnesty

Juniata College community encourages the reporting of misconduct and crimes by Complainants and witnesses. Sometimes, Complainants or witnesses are hesitant to give Notice to Juniata College officials or participate in resolution processes because they fear that they themselves may be in violation of certain policies, such as underage drinking or use of illicit drugs at the time of the incident. Respondents may hesitate to be forthcoming during the process for the same reasons.

It is in the best interests of the Juniata College community that Complainants choose to give Notice of misconduct to Juniata College officials, that witnesses come forward to share what they know, and that all Parties be forthcoming during the process. 

To encourage reporting and participation in the process, Juniata College offers Parties and witnesses amnesty from minor policy violations, such as underage alcohol consumption or the use of illicit drugs, related to the incident. Granting amnesty is a discretionary decision made by Juniata College, and amnesty does not apply to more serious allegations, such as physical abuse of another or illicit drug distribution. 

RESOLUTION PROCESS 

The procedures below apply to all allegations of Title IX Sex Discrimination.

Back to Top

12. Notice/Complaint

Upon receipt of Notice, a Complaint, or Knowledge of an alleged Policy violation, the Title IX Coordinator will initiate a prompt initial evaluation to determine Juniata College’s next steps. The Title IX Coordinator will contact the Complainant/source of the Notice to offer supportive measures, provide information regarding resolution options, and determine how they wish to proceed. 

Back to Top

13. Collateral Misconduct

Collateral misconduct is defined to include potential violations of other Juniata College policies not incorporated into the Title IX Policy that occur in conjunction with alleged violations of the Policy, or that arise through the course of the investigation, for which it makes sense to provide one resolution for all allegations. Thus, the collateral allegations may be charged along with potential violations of the Policy, to be resolved jointly under these Procedures. In such circumstances, the Title IX Coordinator may consult with Juniata College officials who typically oversee such conduct (e.g., human resources, student conduct, academic affairs) to solicit their input as needed on what charges should be filed, but the exercise of collateral charges under these procedures is within the discretion of the Title IX Coordinator. All other allegations of misconduct unrelated to incidents covered by the Policy will typically be addressed separately through procedures described in the student, faculty, and staff handbooks.

Back to Top

14. Initial Evaluation

The Title IX Coordinator conducts an initial evaluation, typically within seven (7) business days of receiving Notice/Complaint/Knowledge of alleged misconduct. The initial evaluation typically includes:

• Assessing whether the reported conduct may reasonably constitute a violation of the Policy.
  • If the conduct may not reasonably constitute a violation of the Policy, the matter is typically dismissed from this process, consistent with the dismissal provision in these procedures. It may then be referred to another process, if applicable. 
• Determining whether Juniata College has jurisdiction over the reported conduct, as defined in the Policy.
  • If the conduct is not within Juniata College jurisdiction, the matter is typically dismissed from this process, consistent with the dismissal provision in these procedures. If applicable, the conduct will be referred to the appropriate Juniata College office for resolution.
• Offering and coordinating supportive measures for the Complainant.
• Offering and coordinating supportive measures for the Respondent, as applicable.
• Notifying the Complainant, or the person who reported the allegation(s), of the available resolution options, including a supportive and remedial response, an Informal Resolution option, or the Resolution Process described below.
•  Determining whether the Complainant wishes to initiate a Complaint.
• Notifying the Respondent of the available resolution options, including a supportive and remedial response, an Informal Resolution option, or the Resolution Process described below, if a Complaint is made.

Helping a Complainant to Understand Resolution Options

If the Complainant indicates they wish to initiate a Complaint (in a manner that can reasonably be construed as reflecting intent to make a Complaint), the Title IX Coordinator will help to facilitate the Complaint, which will include working with the Complainant to determine whether the Complainant wishes to pursue one of three resolution options:

• a supportive and remedial response, and/or
• Informal Resolution, or
• the Resolution Process described below.

The Title IX Coordinator will seek to abide by the wishes of the Complainant but may have to take an alternative approach depending on their analysis of the situation.

If the Complainant elects for the Resolution Process below, and the Title IX Coordinator has determined the Policy applies and that the Juniata College has jurisdiction, they will provide the Parties with a Notice of Investigation and Allegation(s), and will initiate an investigation consistent with these Procedures. 

If any Party indicates (either verbally or in writing) that they want to pursue an Informal Resolution option, the Title IX Coordinator will assess whether the matter is suitable for Informal Resolution and refer the matter accordingly.

If the Complainant indicates (either verbally or in writing) that they do not want any action taken, no Resolution Process will be initiated (unless deemed necessary by the Title IX Coordinator), though the Complainant can elect to initiate one later, if desired.

Title IX Coordinator Authority to Initiate a Complaint

If the Complainant does not wish to file a Complaint, the Title IX Coordinator, who has ultimate discretion as to whether a Complaint is initiated, will offer supportive measures and determine whether to initiate a Complaint themselves. To make this determination, the Title IX Coordinator will evaluate that request to determine if there is a serious and imminent threat to someone's safety or if Juniata College cannot ensure equal access without initiating a Complaint.

If deemed necessary, the Title IX Coordinator may consult with appropriate Juniata College employees, and/or conduct a violence risk assessment to aid their determination whether to initiate a Complaint.

When the Title IX Coordinator initiates a Complaint, they do not become the Complainant. The Complainant is the person who experienced the alleged conduct that could constitute a violation of this Policy.

Back to Top

15. Dismissal

Juniata College may dismiss a Complaint if, at any time during the investigation or Resolution Process, one or more of the following grounds are met:

1. Juniata College is unable to identify the Respondent after taking reasonable steps to do so
2. Juniata College no longer enrolls or employs the Respondent
3. A Complainant voluntarily withdraws any or all of the allegations in the Complaint, and the Title IX Coordinator declines to initiate a Complaint
4. Juniata College determines the conduct alleged in the Complaint would not constitute a Policy violation, if proven.

A Complainant who decides to withdraw a Complaint may later request to reinstate or refile it.

Upon any dismissal, Juniata College will promptly send the Complainant written notification of the dismissal and the rationale for doing so. If the dismissal occurs after the Respondent has been made aware of the allegations, Juniata College will also notify the Respondent of the dismissal. 

This dismissal decision is appealable by any party.

Back to Top

16. Appeal of Dismissal

The Complainant may appeal a dismissal of their Complaint. The Respondent may also appeal the dismissal of the Complaint if dismissal occurs after the Respondent has been made aware of the allegations. All dismissal appeal requests must be filed within three (3) business days of the notification of the dismissal.

The Title IX Coordinator will notify the Parties of any appeal of the dismissal. If, however, the Complainant appeals, but the Respondent was not notified of the Complaint, the Title IX Coordinator must then provide the Respondent with a NOIA and will notify the Respondent of the Complainant’s appeal with an opportunity to respond.

Throughout the dismissal appeal process, Juniata College will:

• Implement dismissal appeal procedures equally for the Parties.
• Assign a trained Dismissal Appeal Officer who did not take part in an investigation of the allegations or dismissal of the Complaint.
• Provide the Parties a reasonable and equal opportunity to make a statement in support of, or challenging, the dismissal.
• Notify the Parties of the result of the appeal and the rationale for the result.

The grounds for dismissal appeals are limited to:

1. Procedural irregularity that would change the outcome.
2. New evidence that would change the outcome and that was not reasonably available when the dismissal was decided.
3. The Title IX Coordinator, Investigator, or Decision-maker had a conflict of interest or bias for or against complainants or respondents generally or the individual Complainant or Respondent that would change the outcome.

The appeal should specify at least one of the grounds above and provide any reasons or supporting evidence for why the ground is met. Upon receipt of a written dismissal appeal request from one or more Parties, the Title IX Coordinator will share the petition with all other Parties and provide three (3) business days for other Party to respond to the request. At the conclusion of the response period, the Title IX Coordinator will forward the appeal, as well as any response provided by the other Parties and/or the Title IX Coordinator to the Dismissal Appeal Officer for consideration. 

If the Request for Appeal does not provide information that meets the grounds in this Policy, the Dismissal Appeal Officer will deny the request, and the Parties, their Advisors, and the Title IX Coordinator will be notified in writing of the denial and the rationale. 

If any of the asserted grounds in the appeal satisfy the grounds described in this Policy, then the Dismissal Appeal Officer will notify all Parties and their Advisors, and the Title IX Coordinator, of their decision and rationale in writing. The effect will be to reinstate the Complaint. 

In most circumstances, appeals are confined to a review of the written documentation or record of the original determination and pertinent documentation regarding the specific appeal grounds. The Dismissal Appeal Officer has seven (7) business days to review and decide on the appeal, though extensions can be granted at the Title IX Coordinator’s discretion, and the Parties will be notified of any extension.

Appeal decisions are deferential to the original determination, making changes only if there is a compelling justification to do so.

The Dismissal Appeal Officer may consult with the Title IX Coordinator and/or legal counsel on questions of procedure or rationale for clarification, if needed. The Title IX Coordinator will maintain documentation of all such consultation.

Back to Top

17. Emergency Removal/Interim Suspension of a Student

Juniata College may emergency remove a student accused of Sex Discrimination or Sex-based Harassment upon receipt of Notice/Knowledge, a Complaint, or at any time during the Resolution Process. Prior to an emergency removal, Juniata College will conduct an individualized risk assessment and may remove the student if that assessment determines that an imminent and serious threat to the health or safety of a Complainant or any students, employees, or other persons arising from the allegations of sex discrimination justifies such action. Students accused of other forms of discrimination (not sex) are subject to interim suspension, which can be imposed for safety reasons. 

When an emergency removal or interim suspension is imposed, wholly or partially, the affected student will be notified of the action, which will include a written rationale, and the option to challenge the emergency removal or interim suspension within three (3) business days. Upon receipt of a challenge, the Dean of Students (or designee) will meet with the student (and their Advisor, if desired) as soon as reasonably possible thereafter to allow them to show cause why the removal/action should not be implemented or should be modified. 

This meeting is not a hearing on the merits of the allegation(s), but rather is an administrative process intended to determine solely whether the emergency removal or interim suspension is appropriate, should be modified, or lifted. When this meeting is not requested within three (3) business days, objections to the emergency removal or interim suspension will be deemed waived. A student can later request a meeting to show why they are no longer an imminent and serious threat because conditions related to imminence or seriousness have changed. A Complainant and their Advisor may be permitted to participate in this meeting if the Dean of Students (or designee) determines it is equitable for them to do so.

The Respondent may provide information, including expert reports, witness statements, communications, or other documentation for consideration prior to or during the meeting. When applicable, a Complainant may provide information to the Dean of Students (or designee) for review.

An emergency removal or interim suspension may be affirmed, modified, or lifted as a result of a requested review or as new information becomes available. The Dean of Students (or designee) will communicate the final decision in writing, typically within three (3) business days of the review meeting.

Back to Top

18. Placing an Employee on Leave

When the Respondent is an employee, or a student employee accused of misconduct in the course of their employment, existing provisions and interim measures are outlined in the faculty handbook or staff handbooks, instead of the above emergency removal process.

Back to Top

19. Advisors in the Resolution Process 

A.    Who Can Serve as an Advisor?

The Parties may each have an Advisor (friend, mentor, family member, attorney, or any other individual a party chooses) present with them for all meetings, interviews and hearings within the Resolution Process, including intake. The Parties may select whomever they wish to serve as their Advisor as long as the Advisor is eligible and available.

Juniata College cannot guarantee equal Advisory rights, meaning that if one party selects an Advisor who is an attorney, but the other party does not, or cannot afford an attorney, Juniata College is not obligated to provide an attorney to advise that party.

A party may elect to change Advisors during the process and is not obligated to use the same Advisor throughout. Parties are expected to provide the Title IX Coordinator with timely notification if they change Advisors. If a party changes Advisors, consent to share information with the previous Advisor is assumed to be terminated, and a release for the new Advisor must be submitted.

Juniata College may permit Parties to have more than one Advisor, or an Advisor and a support person, upon special request to the Title IX Coordinator. The decision to grant this request is at the Title IX Coordinator’s sole discretion and will be granted equitably to all Parties.

Advisors appointed by the institution cannot be Confidential Employees, and although they will not be asked to disclose details of their interactions with their advisees to institutional officials or Decision-makers absent an emergency, they are still reminded of their Mandated Reporter responsibilities.

B.  Advisor’s Role in the Resolution Process

Advisors should help the Parties to prepare for each meeting and are expected to advise ethically, with integrity, and in good faith. Advisors may not provide testimony or speak on behalf of their advisee unless given specific permission to do so.

The Parties are expected to ask and respond to questions on their own behalf throughout the Resolution Process. Although the Advisor generally may not speak on behalf of their advisee, the Advisor may consult with their advisee, either privately as needed, or by conferring or passing notes during any Resolution Process meeting or interview. For longer or more involved discussions, the Parties and their Advisors should ask for breaks to allow for private consultation.

C.    Records Shared with Advisors

Advisors are entitled to the same opportunity as their advisee to access relevant evidence, and/or the same written investigation report that accurately summarizes this evidence. 

Advisors are expected to maintain the confidentiality of the records Juniata College shares with them. Advisors may not disclose any Juniata College work product or evidence Juniata College obtained solely through the Resolution Process for any purpose not explicitly authorized by Juniata College. 

Juniata College may restrict the role of any Advisor who does not respect the sensitive nature of the process or who fails to abide by Juniata College’s confidentiality expectations.

D.    Advisor Expectations

Juniata College generally expects an Advisor to adjust their schedule to allow them to attend Juniata College meetings/interviews/hearings when planned, but Juniata College may change scheduled meetings/interviews/hearings to accommodate an Advisor’s inability to attend, if doing so does not cause an unreasonable delay. 

Juniata College may also make reasonable provisions to allow an Advisor who cannot be present in person to attend a meeting/interview/hearing by telephone, video conferencing, or other similar technologies.

All Advisors are subject to the same Juniata College policies and procedures and are expected to advise their party without disrupting proceedings. 

E.     Advisor Policy Violations

Any Advisor who oversteps their role as defined by the Policy, who shares information or evidence in a manner inconsistent with the Policy, or who refuses to comply with the Juniata College’s established rules of decorum will be warned. If the Advisor continues to disrupt or otherwise fails to respect the limits of the Advisor role, the meeting/interview/hearing may be ended, or other appropriate measures implemented, including Juniata College requiring the party to use a different Advisor or providing a different Juniata College-appointed Advisor. Subsequently, the Title IX Coordinator will determine how to address the Advisor’s non-compliance and future role.

Back to Top

20. Resolution Options Overview

This Resolution Process, consisting of Informal Resolution or Hearing Resolution, is Juniata College’s chosen approach to addressing all forms of TIX Sex Discrimination. The process considers the Parties’ preferences but is ultimately determined at the TIX Coordinator’s discretion. 

Resolution proceedings are confidential. All individuals present at any time during the Resolution Process are expected to maintain the confidentiality of the proceedings in accordance with Juniata College Policy.

A.    Informal Resolution

To initiate Informal Resolution, a Complainant or Respondent may make such a request to the Title IX Coordinator at any time prior to a final determination, or the Title IX Coordinator may offer the option to the Parties, in writing. Juniata College will obtain voluntary, written confirmation that all Parties wish to resolve the matter through Informal Resolution before proceeding and will not pressure the Parties to participate in Informal Resolution. 

Before initiation of an Informal Resolution process, Juniata College will provide the Parties with a NOIA that explains: 

• The allegations. 
• The requirements of the Informal Resolution process.
• That, prior to agreeing to a resolution, any party has the right to withdraw from the Informal Resolution process and to initiate or resume Juniata College’s Resolution Process. 
• That the Parties’ agreement to a resolution at the conclusion of the Informal Resolution process will preclude the Parties from initiating or resuming the Resolution Process arising from the same allegations.
• The potential terms that may be requested or offered in an Informal Resolution agreement, including notification that an Informal Resolution agreement is binding only on the Parties.
• What information Juniata College will maintain, and whether and how it could disclose such information for use in its Resolution Process.

Juniata College offers four categories of Informal Resolution:

1. Supportive Resolution. When the Facilitator can resolve the matter informally by providing supportive measures (only) designed to remedy the situation.
2. Educational Conversation. When the Facilitator can resolve the matter informally by having a conversation with the Respondent to discuss the Complainant’s concerns and institutional expectations or can accompany the Complainant in their desire to confront the conduct.
3. Accepted Responsibility. When the Respondent is willing to accept responsibility for violating Policy and is willing to agree to actions that will be enforced similarly to sanctions, and the Complainant(s) and the Title IX Coordinator are agreeable to the resolution terms.
4. Alternative Resolution. When the Parties agree to resolve the matter through an alternative resolution mechanism (which could include, but is not limited to, mediation, shuttle negotiation, restorative practices, facilitated dialogue, etc.), as described below. 

The individual facilitating an Informal Resolution must be trained and cannot be the Investigator, Decision-maker, or Appeal Decision-maker. 

It is not necessary to pursue Informal Resolution first in order to pursue a Hearing Resolution Process. Any party participating in Informal Resolution can withdraw from the Informal Resolution Process at any time and initiate or resume the Hearing Resolution Process. 

If an investigation is already underway, the Title IX Coordinator has discretion to determine if an investigation will be paused, if it will be limited, or if it will continue during the Informal Resolution process. 

Categories of Informal Resolution

(1)  Supportive Resolution

The Title IX Coordinator or designee will meet with the Complainant to determine reasonable supportive measures that are designed to restore or preserve the Complainant’s access to Juniata College’s education program and activity. Such measures can be modified as the Complainant’s needs evolve over time or circumstances change. If the Respondent has received the NOIA, the Title IX Coordinator may also provide reasonable supportive measures for the Respondent as deemed appropriate. This option is available when the Complainant does not want to engage the other resolution options, and the Title IX Coordinator does not initiate a Complaint.

(2)  Educational Conversation

The Complainant(s) may request that the Title IX Coordinator or designee address their allegations by meeting (with or without the Complainant) with the Respondent(s) to discuss concerning behavior and institutional policies and expectations. Such a conversation is non-disciplinary and non-punitive. Respondent(s) are not required to provide any information during this meeting. The conversation will be documented as the Informal Resolution for the matter, if it takes place.

(3)  Accepted Responsibility

The Respondent may accept responsibility for any or all of the alleged Policy violations at any point during the Resolution Process. If the Respondent indicates an intent to accept responsibility for all alleged Policy violations, the ongoing process will be paused, and the Title IX Coordinator will determine whether Informal Resolution is an option.

If Informal Resolution is available, the Title IX Coordinator will determine whether all Parties and Juniata College are able to agree on responsibility, restrictions, sanctions, restorative measures, and/or remedies. If so, the Title IX Coordinator implements the accepted finding that the Respondent is in violation of Juniata College Policy, implements agreed-upon restrictions and remedies, and determines the appropriate responses in coordination with other appropriate administrator(s), as necessary. 

This resolution is not subject to appeal once all Parties indicate their written agreement to all resolution terms. When the Parties cannot agree on all terms of resolution, the Resolution Process will resume. 

When a resolution is reached, the appropriate sanction(s) or responsive actions are promptly implemented to effectively stop the discrimination or harassment, prevent its recurrence, and remedy the effects of the discriminatory conduct, both on the Complainant and the community.

(4)  Alternative Resolution

The institution offers a variety of alternative resolution mechanisms to best meet the specific needs of the Parties and the nature of the allegations. Alternative resolution may involve agreement to pursue individual or community remedies, including targeted or broad-based educational programming or training; supported direct conversation or interaction with the Respondent(s); indirect action by the Title IX Coordinator or other appropriate Juniata College officials; and other forms of resolution that can be tailored to the needs of the Parties. Some alternative resolution mechanisms will result in an agreed-upon outcome, while others are resolved through dialogue. All Parties must consent to the use of an alternative resolution approach, and the Parties may, but are not required to, have direct or indirect contact during an alternative resolution process.

The Title IX Coordinator has the authority to determine whether alternative resolution is available and an appropriate resolution process for the allegation(s).

Parties do not have the authority to stipulate restrictions or obligations for individuals or groups that are not involved in the alternative resolution process. The Title IX Coordinator will determine whether additional individual or community remedies are necessary to meet the institution’s compliance obligations in addition to the alternative resolution.

The Title IX Coordinator maintains records of any resolution that is reached and will provide notification to the Parties of what information is maintained. Failure to abide by the resolution agreement may result in appropriate responsive/disciplinary actions (e.g., dissolution of the agreement and resumption of the Resolution Process, referral to the conduct process for failure to comply, application of the enforcement terms of the agreement). The results of Complaints resolved by alternative resolution are not appealable.

If an Informal Resolution option is not available or selected, Juniata College will initiate or continue an investigation and subsequent Resolution Process to determine whether the Policy has been violated.

A Complainant may request no further action/process if no agreeable resolution is reached through an Informal Resolution.  The Title IX Coordinator will assess the request and determine next steps, as appropriate.

Back to Top

21. Notice of Investigation and Allegations (NOIA)

Prior to an investigation, the Title IX Coordinator will provide the Parties with a detailed written NOIA. Amendments and updates to the NOIA may be made as the investigation progresses and more information becomes available regarding the addition or dismissal of various allegations. For climate/culture investigations that do not have an identifiable Respondent, the NOIA will be sent to the department/office/program head for the area/program being investigated.

The NOIA typically includes:

• A meaningful summary of all allegations
• The identity of the involved Parties (if known)
• The precise misconduct being alleged
• The date and location of the alleged incident(s) (if known)
• The specific policies/offenses implicated
• A description of, link to, or copy of the applicable procedures
• A statement that the Parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence
• The name(s) of the Investigator(s), along with a process to notify the Title IX Coordinator of any conflict of interest that the Investigator(s) may have in advance of the interview process, 
• A statement that Juniata College presumes the Respondent is not responsible for the reported misconduct unless and until the evidence supports a different determination
• A statement that determinations of responsibility are made at the conclusion of the process and that the Parties will be given an opportunity during the review and comment period to inspect and review all relevant evidence 
• A statement that retaliation is prohibited 
• Information about the confidentiality of the process, including that the Parties and their Advisors (if applicable) may not share Juniata College work product obtained through the Resolution Process
• A statement that the Parties may have an Advisor of their choice who may accompany them through all steps of the Resolution Process
• A statement informing the Parties that Juniata College’s Policy prohibits knowingly making false statements, including knowingly submitting false information during the Resolution Process
• Detail on how a party may request disability accommodations or other support assistance during the Resolution Process
• A copy to Juniata College’s annual VAWA Information
• An instruction to preserve any evidence that is directly related to the allegations

Back to Top

22. Resolution Timeline

Juniata College will make a good faith effort to complete the Resolution Process within sixty to ninety (60-90) business days, including any appeals, which the Title IX Coordinator can extend as necessary for appropriate cause. 

Investigations are completed expeditiously, normally within sixty (60) business days, though some investigations may take longer, depending on issues such as the nature, extent, and complexity of the allegations, witness availability, law enforcement involvement, and other factors. 

If a party or witness chooses not to participate in the Resolution Process or becomes unresponsive, Juniata College reserves the right to continue it without their participation to ensure a prompt resolution. Non-participatory or unresponsive Parties retain the rights outlined in this Policy and the opportunity to participate in the Resolution Process.

Juniata College may undertake a short delay in its investigation (several days to a few weeks) if circumstances require. Such circumstances include but are not limited to a request from law enforcement to temporarily delay the investigation, the need for language assistance, the absence of Parties and/or witnesses, and/or health conditions. Juniata College will promptly resume its Resolution Process as soon as feasible. During such a delay, Juniata College will implement and maintain supportive measures for the Parties as deemed appropriate. 

Juniata College action(s) or processes are not typically altered or precluded on the grounds that civil or criminal charges involving the underlying incident(s) have been filed or that criminal charges have been dismissed or reduced.

Juniata College will make a good faith effort to complete the Resolution Process as promptly as circumstances permit and will regularly communicate with the Parties to update them on the progress and timing of the process.

Back to Top

23. Investigator Appointment

Once an investigation is initiated, the Title IX Coordinator appoints an Investigator(s) to conduct it. These Investigators may be members of the Resolution Process Pool, or any other properly trained Investigator, whether internal or external to the Juniata College’s community.

Back to Top

24. Witness Role and Participation in the Investigation

Employees (not including Complainant and Respondent) are required to cooperate with and participate in Juniata College’s investigation and Resolution Process. Student witnesses and witnesses from outside the Juniata College community cannot be required to participate but are encouraged to cooperate with Juniata College investigations and to share what they know about a Complaint. 

Interviews may be conducted in person, via online video platforms or, in limited circumstances, by telephone. Juniata College will take appropriate steps to ensure the security/privacy of remote interviews.

Parties and witnesses may also provide written statements in lieu of interviews or choose to respond to written questions, if deemed appropriate by the Investigator(s), though not preferred. 

Back to Top

25. Evidentiary Considerations

The Investigator(s) and the Decision-maker(s) will only consider evidence that is deemed relevant and not otherwise impermissible. 

Relevant Evidence is that which may aid in determining whether the allegation occurred, or whether the behavior constitutes a violation of Policy.  

Impermissible evidence is defined as evidence that relates to the Complainant’s sexual interests or prior sexual conduct, unless 1) evidence about the Complainant’s prior sexual conduct is offered to prove that someone other than the Respondent committed the alleged conduct, or 2) is evidence about specific incidents of the Complainant’s prior sexual conduct with the Respondent that is offered to prove consent. 

The fact of prior consensual sexual conduct occurred between the Complainant and Respondent does not by itself demonstrate or imply the Complainant’s consent or preclude a determination that sex-based harassment occurred.

Previous disciplinary action of any kind involving the Respondent may not be considered unless there is an allegation of a pattern of misconduct. Such information may also be considered in determining an appropriate sanction upon a determination of responsibility. Barring a pattern allegation, this information is only considered at the sanction stage of the process and is not shared until then.

Within the limitations stated above, the investigation and determination can consider character evidence, if offered, but that evidence is unlikely to be relevant unless it is fact evidence or relates to a pattern of conduct.

Back to Top

26. Respondent Admits Responsibility

At any point in the proceedings, if a Respondent elects to admit to the charged violations and waive further process, the Decision-maker is authorized to accept that admission, adopt it as their finding/final determination, and administer sanctions. This would waive the Respondent’s right to appeal. If the Respondent rejects the finding/final determination/sanctions, or does not admit to all conduct charged, the Resolution Process continues to its conclusion. The Complainant retains their right to appeal a determination when a Respondent admits responsibility.

Back to Top

27. Investigation 

All investigations are adequate, thorough, reliable, impartial, prompt, and fair. They involve interviewing all relevant Parties and witnesses, obtaining relevant evidence, and identifying sources of expert information, as necessary. 

Juniata College may consolidate Complaints against more than one Respondent, or by more than one Complainant against one or more Respondents, when the allegations arise from the same facts or circumstances or implicate a pattern, collusion, and/or other shared or similar actions. 

The Investigator(s) typically take(s) the following steps, if not already completed and not necessarily in this order:

• Determine the identity and contact information of the Complainant.
• Identify all offenses implicated by the alleged misconduct and notify the Complainant and Respondent of all specific policies implicated.
• Assist the Title IX Coordinator, if needed, with conducting a prompt initial evaluation to determine if the allegations indicate a potential Policy violation. 
• Work with the Title IX Coordinator, as necessary, to prepare the initial NOIA. The NOIA may be amended with any additional or dismissed allegations.
• Commence a thorough, reliable, and impartial investigation by identifying issues and developing a strategic investigation plan, including a witness list, evidence list, intended investigation timeframe, and order of interviews for the Parties and witnesses. 
• When participation of a party is expected, provide that party with written notification of the date, time, and location of the meeting, as well as the expected participants and purpose. 
• Interview the Complainant and the Respondent and conduct any necessary follow-up interviews with each. 
• Interview all available, relevant witnesses and conduct follow-up interviews as necessary.
• Allow each party the opportunity to suggest witnesses and questions they wish the Investigator(s) to ask of another party and/or witnesses. Document which questions were asked with a rationale for any changes or omissions in the investigation report. 
• Where possible, complete the investigation promptly and without unreasonable deviation from the intended timeline.
• Provide the Parties with regular status updates throughout the investigation.
• Prior to the conclusion of the investigation, provide the Parties and their respective Advisors with a list of witnesses whose information will be used to render a finding.
• Ask the Parties to provide a list of questions they would like asked of the other party or any witnesses. 
• Write a draft investigation report that gathers, assesses, and synthesizes the evidence, accurately summarizes the investigation and party and witness interviews, and provides all relevant evidence. 
• Provide the Parties and their respective Advisors an electronic copy of the draft investigation report as well as an opportunity to inspect and review all relevant evidence obtained as part of the investigation for a review and comment period of ten (10) business days so that each party may meaningfully respond to the evidence. The Parties may elect to waive all or part of the review period. 
• The Investigator may share the investigation report with the Title IX Coordinator and/or legal counsel for their review and feedback.

Hearing Resolution Process

Live Hearing Requirements

The following provisions apply to a live hearing:

• Hearing Venue Options and Recordings. The live hearing may occur in person or via video technology. The Decision-maker and Parties must be able to simultaneously see and hear a party or witness while that person is speaking. Both options are considered fair and equitable. Alternative arrangements may also be made at the Title IX Coordinator’s discretion.
  • The Parties may make a request to the Title IX Coordinator that the hearing be held in person or via video technology, but they must do so at least three (3) business days prior to the hearing. The Title IX Coordinator retains discretion to determine whether the hearing will occur in person or via video technology. 
  • No unauthorized recordings are permitted. 
• Scheduling. Hearings for possible violations that occur near or after the end of an academic term (assuming the Respondent is still subject to this Policy) and are unable to be resolved prior to the end of term will typically be held immediately after the end of the term, including during the summer, as needed, to meet the Juniata College’s resolution timeline and ensure a prompt resolution. Employees, including Parties and witnesses, who do not have 12-month contracts are still expected to participate in Resolution Processes that occur during months between contracts.
• Hearing Participants. Persons who may be present for a hearing include the Decision-maker(s), hearing facilitator, Investigator(s), the Parties and their Advisors, anyone providing authorized accommodations, interpretation, and/or assistive services, and anyone else deemed necessary by the Decision-maker. Witnesses are present only during their portion of the testimony.
• The Parties may have the assistance of an Advisor of their choosing at the hearing or can request that Juniata College appoint a trained Advisor for them. Appointed Advisors are not attorneys. If a party wishes to have an attorney as their Advisor, they must locate and pay for that attorney themselves. 
  • During the pre-hearing meeting and live hearing, Parties may only be accompanied by their Advisor. No other persons (e.g., additional support persons, friends, family) may accompany, attend, or listen in on the hearing unless explicitly authorized by the Title IX Coordinator, with each party being provided the same opportunity. 
  • Parties and their Advisors are permitted to have their phones and a laptop or tablet, but these should only be used during the hearing in a matter consistent with Policy.
  • During the hearing, all questions that a party wishes to ask must be posed by the Advisor, not the Parties.
  • If the party does not have an Advisor, the Title IX Coordinator will provide the party with an Advisor for the purpose of Advisor-conducted questioning.
• Disability Accommodations and Other Assistance. Parties should contact the Title IX Coordinator at least five (5) business days prior to the hearing to arrange any disability accommodations, language assistance, and/or interpretation services that may be needed at the hearing, if possible.
• Evidence Provided to Decision-maker and Parties.
  • The Decision-maker will be provided electronic copies of the Final Investigation Report and all relevant but not impermissible evidence, including the names of all Parties and witnesses at least ten (10) business days in advance of the hearing. 
  • The Parties will be provided with electronic copies of all the materials provided to the Decision-maker as part of the hearing notice, unless those materials have already been provided.

Back to Top

28. Hearing Notice

The Title IX Coordinator will send the Parties a Notice of Hearing with sufficient time for the Parties to prepare for the hearing, typically at least ten (10) business days prior to the hearing. Once mailed, emailed, and/or received in-person, notice will be presumptively delivered. The hearing notice includes:

• A description of the alleged violation(s), a list of all policies allegedly violated, a description of the applicable hearing procedures, and a statement of the potential sanctions/responsive actions that could result.
• The time, date, and location of the hearing.
• A description of any technology that will be used to facilitate the hearing.
• Relevant information regarding hearing logistics, pre-hearing meetings, the Final Investigation Report, the Parties and witnesses participating in the hearing, the identity of the Decision-maker, details related to questioning, the role of Advisors, and how to request disability accommodations or other assistance.

Back to Top

29. Witness Participation

Student witnesses are encouraged to participate in, and make themselves reasonably available for, the hearing. Employee witnesses are expected to participate in, and make themselves reasonably available for, the hearing. Witnesses may participate in-person or via video technology that allows the Decision-maker and the Parties to see and hear the witness while that person is speaking. Witnesses are not permitted to be accompanied by an advisor. At the discretion of the Decision-maker, a witness may join by phone if no other reasonable alternative is available.

The Title IX Coordinator will notify all witnesses of their requested participation in the hearing at least five (5) business days prior to the hearing. Witnesses will be present for the hearing only during their testimony.

If any party or witness does not appear at the scheduled hearing, the hearing may be held in their absence. For compelling reasons, the Title IX Coordinator may reschedule the hearing. 

Any witness scheduled to participate in the hearing must have been first interviewed by the Investigator(s), unless: 

• All Parties and the Decision-maker assent to the new witness’s participation in the hearing without remanding the complaint back to the Investigator, and 
• The Decision-maker deems the evidence presented by the new witness to be relevant, not impermissible, and not information already established in the record, and 
• The witness’s late involvement was not the result of bad faith by the witness, the Parties, or others.

If the above criteria are not met, but the witness’s evidence is deemed relevant, not impermissible, and not duplicative, the Decision-maker may, at their discretion, engage in any of the following actions: 

• Delay the hearing.
• Provide the Parties with at least five (5) business days to review the relevant portions of the new witness’s statements, if such statements are submitted.
• Remand the Complaint back to the Investigator for further investigation or verification.
• Allow the Parties to review and comment on the testimony of the new witness. 

If the evidence is deemed not relevant or impermissible, the Decision-maker may proceed with the hearing absent the new witness’s participation.

Back to Top

30.  Pre-Hearing Meetings

The Decision-maker will offer to convene a pre-hearing meeting(s) with the Parties and their Advisors and invite them to submit the questions or topics they wish to ask or discuss at the hearing. This allows the Decision-maker to consider their relevance ahead of time to avoid any improper evidentiary introduction in the hearing or to provide recommendations for more appropriate phrasing. 

However, this advance review opportunity does not preclude the Parties from submitting a question at the hearing for the first time or asking for a reconsideration on a Decision-maker’s pre-hearing decision based on any new information or testimony offered at the hearing. The Decision-maker will document and share their rationale for any evidence or question exclusion or inclusion, if any, at a pre-hearing meeting with each party.

The Decision-maker will work with the Parties to finalize a witness list for the hearing, and the Title IX Coordinator will notify any witnesses of the hearing’s logistics. The Decision-maker may decide in advance of the hearing that certain witnesses do not need to be present if their testimony can be adequately summarized by the Investigator(s) in the Final Investigation Report or during the hearing, and their presence is not essential to assess their credibility. 

Pre-hearing meeting(s) will not be recorded. The pre-hearing meetings will typically be conducted as separate meetings with each party/Advisor, and can be done remotely, or as a written communication exchange. 

Back to Top

31.  Hearing Procedures

A.    Evidentiary Considerations

The Parties must provide all evidence to the Investigator(s) prior to completing the Final Investigation Report. Evidence offered after that time will be evaluated by the Decision-maker for relevance. If deemed relevant and not impermissible, the Parties and Decision-maker must agree to admit it into the record. If the evidence is deemed not relevant or impermissible, the Decision-maker may proceed with the hearing absent the new evidence.

The new relevant evidence will be admitted to the record if:

• All Parties and the Decision-maker assent to the new evidence being included in the hearing without remanding the Complaint back to the Investigator, and
• The evidence is not duplicative of evidence already in the record, and
• It is not impermissible, and
• The new evidence was either not reasonably available prior to the conclusion of the Final Investigation Report, or the failure to provide it in a timely manner was not the result of bad faith by the Parties, witnesses, or others.
• If the above criteria are not met, but the evidence is deemed materially relevant and not duplicative, the Decision-maker may, at their discretion, engage in any of the following actions: 
• Delay the hearing.
• Provide the Parties with at least five (5) business days to review the relevant evidence.
• Remand the Complaint back to the Investigator for further investigation or analysis.
• Allow the Parties to review and comment on the new evidence.

If the evidence is deemed not relevant or impermissible, the Decision-maker may proceed with the hearing without allowing the new evidence.

B.    Collateral Misconduct 

The Decision-maker has the authority to hear and make determinations on all allegations of TIX Sex Discrimination under the Policy and may also hear and make determinations on any additional alleged collateral misconduct that occurred in concert with the discrimination, harassment, retaliation, or Other Prohibited Conduct, even though those collateral allegations may not specifically fall within the Policy.

C.    Joint Hearings

In Complaints involving more than one Respondent and/or involving more than one Complainant accusing the same person of substantially similar conduct, the default procedure will be to hear the allegations jointly. 

However, the Title IX Coordinator may permit the investigation and/or hearings pertinent to each Respondent or Complaint to be conducted separately if there is a compelling reason to do so. In joint hearings, separate determinations of responsibility will be made for each Respondent and/or for each Complaint with respect to each alleged Policy violation.

D.    Introductions and Hearing Procedure Explanation

The Decision-maker will explain the hearing procedures and introduce the participants. The Decision-maker will answer any procedural questions prior to and as they arise throughout the hearing.

E.     Investigator Presentation of Final Investigation Report

The Investigator(s) will present a summary of the Final Investigation Report, including a review of the facts that are contested and those that are not. The Investigator may be questioned first by the Decision-maker and then by the Parties. The Investigator may attend the duration of the hearing or be excused after their testimony at the Decision-maker’s discretion.

F.     Testimony and Questioning

The Parties and witnesses may provide relevant information in turn, beginning with the Complainant’s opening statement, then the Respondent’s, and then questioning in the order determined by the Decision-maker. The Decision-maker will facilitate questioning of the Parties and witnesses first by the Decision-maker and then by the Parties through their Advisors.

All questions must be directed toward and asked through the Decision-maker and are subject to a relevance determination before they are asked. The Decision-maker will determine the method by which the Parties will submit their questions to the Decision-maker for their review and, if approved, to be posed. Questions that the Parties wish to have posed can be questions for that party themselves, another party, or witnesses.

The Decision-maker will explain any decision to exclude a question as not relevant, or to reframe it for relevance.

The Decision-maker will limit or disallow questions they deem not appropriate on the basis that they are irrelevant, unduly repetitious (and thus irrelevant), seek or pertain to impermissible evidence, or are abusive. The Decision-maker has final say on all questions and determinations of relevance and appropriateness. The Decision-maker may consult with legal counsel on any questions of admissibility.

If the Parties raise an issue of bias or conflict of interest of an Investigator or Decision-maker at the hearing, the Decision-maker may elect to address those issues, consult with legal counsel, refer them to the Title IX Coordinator, and/or preserve them for appeal. If bias is not an issue at the hearing, the Decision-maker should not permit irrelevant questions that probe for Investigator bias.

The Decision-maker will allow witnesses who have relevant and not impermissible information to appear at a portion of the hearing to respond to specific questions from the Decision-maker and the Parties’ Advisors, and the witnesses will then be excused.

G.    Refusal to Submit to Questioning and Inferences

Any party or student witness may choose not to offer evidence and/or answer questions at the hearing, either because they do not attend the hearing, or because they attend but refuse to participate in some or all questioning. Employee witnesses are required to participate in the hearing if they are reasonably available. The Decision-maker can only rely on the available relevant and not impermissible evidence in making the ultimate determination of responsibility. The Decision-maker may not draw any inference solely from a party’s or witness’s absence from the hearing or refusal to answer any or all questions.

An Advisor may not be called as a witness at a hearing to testify to what their advisee has told them during their role as an Advisor unless the party being advised consents to that information being shared.

H.    Hearing Recordings

Juniata College records hearings (but not deliberations) for purposes of review in the event of an appeal. No unauthorized audio or video recording of any kind is permitted during the hearing.

The Decision-maker, the Parties, their Advisors, Appeal Decision-makers, and other appropriate Juniata College officials will be permitted to review the recording or review a transcript of the recording upon request to the Title IX Coordinator. No unauthorized disclosure, including sharing, copying, or distribution of the recording or transcript, is permitted.

Back to Top

32.  Deliberation and Determination

After closing statements from the Parties, the Decision-maker will deliberate in closed session to determine whether the Respondent is responsible for the alleged Policy violation(s) based on the standard of proof. If a panel is used, a simple majority vote is required to determine the finding. Deliberations are not recorded.

The Decision-maker will then prepare and provide the Title IX Coordinator with a written outcome letter detailing all findings and final determinations, the rationale(s) explaining the decision(s), and any sanction(s) and rationales explaining the sanction(s).

This decision letter is typically submitted to the Title IX Coordinator within ten (10) business days from the conclusion of the hearing.  The Title IX Coordinator will then provide copies to the parties and their Advisors.  

Back to Top

33.  Sanctions

The sanction(s) will be implemented as soon as it is feasible once a determination is final, either upon the outcome of any appeal or the expiration of the window to appeal, without an appeal being requested.

The sanctions described in this Policy are not exclusive of, and may be in addition to, other actions taken, or sanctions imposed, by external authorities.

A.    Student Sanctions[1]

The following are the common sanctions that may be imposed upon students singly or in combination:

• Warning: An official written notice that the student has violated Juniata policies and that more severe conduct action will result should the student be involved in other violations while the student is enrolled at Juniata College. 
• Restrictions: A student may be restricted in their activities, including, but not limited to, being restricted from locations, programs, participation in certain activities or extracurriculars, study abroad, or holding leadership roles in student organizations.
• Probation: The student is put on official notice that, should further violations of College policies occur during a specified probationary period, the student may face suspension or expulsion. Terms of the probation will be articulated and may include denial of specified social privileges, exclusion from extra-curricular activities, exclusion from designated areas of campus, no-contact orders, and/or other measures deemed appropriate.
• College Suspension: Separation from the College for a specified minimum period of time, after which the student is eligible to return. Eligibility may be contingent upon satisfaction of specific conditions noted at the time of suspension. If residential, the student is required to vacate the campus within 24 hours of notification of the sanction, though this deadline may be extended at the discretion of the Title IX Coordinator. During the suspension period, the student is banned from College property, functions, events, and activities without prior written approval from the Title IX Coordinator. This sanction may be enforced with a trespass action, as necessary.
• College Expulsion: Permanent separation from the College. The student is banned from College property and the student’s presence at any College-sponsored activity or event is prohibited. This action may be enforced with a no trespass action if necessary. This sanction will be noted as a Conduct Expulsion on the student’s official academic transcript. 
• Withholding Diploma: Juniata College may withhold a degree as a disciplinary sanction for a specified period of time or until the student’s completion of all other sanctions imposed, whichever occurs later.
• Revocation of Degree: A Degree may be revoked by the College if: 1) upon examination of a Student’s record, it is determined that the requirements for the Degree awarded were not met; or 2) information comes to light which, if known at the time the Degree was awarded, would have resulted in a determination that the Degree should not be conferred.
  
  The bases for a Degree revocation include, but are not limited to, the following:
  • Intentional misconduct by administrators, faculty, staff or Students, including fraud, dishonesty, or falsification or unauthorized altering of information of a Student record (including in an official College student information system).
  • Error(s) by administrators, faculty, staff or Students which resulted in the granting of the Degree when the Degree otherwise would not have been awarded.
  • Other violations of the College’s Student Conduct Code that are of such a nature that had they been discovered prior to the issuance of the Degree, they would have resulted in the suspension or expulsion of the Student from the College
• Other Actions: In addition to, or in place of, the above sanctions, Juniata College may assign any other sanctions as deemed appropriate.

[1] Juniata College policies on transcript notation apply to these proceedings.

Employee Sanctions/Responsive/Corrective Actions

Responsive actions for an employee who has engaged in, TIX Sex Discrimination, harassment, and/or retaliation include:

• Verbal or Written Warning
• Performance Improvement Plan/Management Process
• Enhanced Supervision, Observation, or Review
• Required Counseling 
• Required Training or Education
• Probation
• Denial of Pay Increase/Pay Grade
• Loss of Oversight or Supervisory Responsibility
• Demotion
• Transfer
• Shift or schedule adjustments
• Reassignment
• Delay of (or referral for delay of) Tenure Track Progress
• Assignment to a New Supervisor
• Restriction of Stipends, Research, and/or Professional Development Resources
• Suspension/Administrative Leave with Pay
• Suspension/Administrative Leave without Pay 
• Termination 
• Other Actions: In addition to or in place of the above sanctions/responsive actions, Juniata College may assign any other responsive actions as deemed appropriate.

Back to Top

34.  Notice of Outcome

Within five (5) business days of the conclusion of the Resolution Process, the Title IX Coordinator provides the Parties with a written outcome notification. The outcome notification will specify the finding for each alleged Policy violation, all applicable sanctions that Juniata College is permitted to share pursuant to state or federal law, and a detailed rationale, written by the Decision-maker, supporting the findings to the extent Juniata College is permitted to share under federal or state law. 

The notification will also detail the Parties’ equal rights to appeal, the grounds for appeal, the steps to request an appeal, and when the determination is considered final if no party appeals. 

The Title IX Coordinator will provide the Parties with the outcome notification simultaneously, or without significant time delay between notifications. The written outcome notification are typically emailed to the Parties and their Advisors.

Back to Top

35.  Withdrawal or Resignation Before Complaint Resolution

A.    Students

Should a student Respondent decide not to participate in the Resolution Process, the process proceeds absent their participation to a reasonable resolution. If a student Respondent withdraws from Juniata College, the Resolution Process may continue, or the Title IX Coordinator may exercise their discretion to dismiss the Complaint. If the Complaint is dismissed, Juniata College will still provide reasonable supportive or remedial measures as deemed necessary to address safety and/or remedy any ongoing effects of the alleged harassment, discrimination, and/or retaliation.

When a student withdraws or leaves while the process is pending, the student may not return to the Juniata College in any capacity until the Complaint is resolved and any sanctions imposed are satisfied. If the student indicates they will not return, the Title IX Coordinator has discretion to dismiss the Complaint. The Registrar, Office of Enrollment and Human Resources may be notified, accordingly.

If the student Respondent takes a leave for a specified period of time (e.g., one semester or term), the Resolution Process may continue remotely. If found in violation, that student is not permitted to return to Juniata College unless and until all sanctions, if any, have been satisfied.

B.    Employees

Should an employee Respondent decide not to participate in the Resolution Process, the process proceeds absent their participation to a reasonable resolution. If an employee Respondent leaves their employment with Juniata College with unresolved allegations pending, the Resolution Process may continue, or the Title IX Coordinator may exercise their discretion to dismiss the Complaint. If the Complaint is dismissed, Juniata College may still provide reasonable supportive or remedial measures as deemed necessary to address safety and/or remedy any ongoing effects of the alleged TIX sex discrimination, harassment, and/or retaliation.

When an employee resigns and the Complaint is dismissed, the employee may not return to Juniata College in any capacity. The Registrar, Office of Enrollment, and Human Resources will be notified, accordingly. A note will be placed in the employee’s file that they resigned with allegations pending and are not eligible for academic admission or rehire with Juniata College. The records retained by the Title IX Coordinator will reflect that status. 

Back to Top

36.  Appeal of the Determination

The Title IX Coordinator will designate an Appeal Decision-maker, or other trained internal or external individuals, to hear the appeal. No Appeal Decision-maker(s) will have been previously involved in the Resolution Process for the Complaint, including in any supportive measure challenge or dismissal appeal that may have been decided earlier in the process.

A.    Appeal Grounds

Appeals are limited to the following grounds:

1. A procedural irregularity that would change the outcome.
2. New evidence that would change the outcome and that was not reasonably available at the time the determination regarding responsibility was made.
3. The Title IX Coordinator, Investigator(s), or Decision-maker(s) had a conflict of interest or bias for or against complainants or respondents generally or the specific Complainant or Respondent that would change the outcome.

B.    Request for Appeal

Any party may submit a written request for appeal (“Request for Appeal”) to the Title IX Coordinator within five (5) business days of the delivery of the Notice of Outcome.

The Request for Appeal will be forwarded to the Appeal Decision-maker for consideration to determine if the request meets the grounds for appeal. This is not a review of the merits of the appeal, but solely a determination as to whether the request could reasonably be construed to meet the grounds and is timely filed.

If the Request for Appeal does not provide information that meets the grounds in this Policy, the request will be denied by the Appeal Decision-maker, and the Parties and their Advisors will be simultaneously notified in writing of the denial and the rationale.

If any of the information in the Request for Appeal meets the grounds in this Policy, then the Appeal Decision-maker will notify all Parties and their Advisors, and the Title IX Coordinator.

The Parties and their Advisors will then be given five (5) business days to submit a response to the portion of the appeal that was approved and involves them. The Appeal Decision-maker will forward all responses, if any, to all Parties for review and comment.

The Appeal Decision-maker will collect any additional information needed and all documentation regarding the approved appeal grounds and will promptly render a decision.

C.    Appeal Determination Process

In most cases, appeals are confined to a review of the written documentation or record of the original determination and pertinent documentation regarding the specific appeal grounds. The Appeal Decision-maker will deliberate as soon as is practicable and discuss the merits of the appeal.  

Appeal decisions are to be deferential to the original determination, making changes to the finding only when there is clear error and to the sanction(s)/responsive action(s) only if there is a compelling justification to do so. All decisions are made applying the preponderance evidence standard of proof.

An appeal is not an opportunity for the Appeal Decision-maker to substitute their judgment for that of the original Decision-maker merely because they disagree with the finding and/or sanction(s).

The Appeal Decision-maker may consult with the Title IX Coordinator and/or legal counsel on questions of procedure or rationale, for clarification, if needed.

D.    Appeal Outcome

An appeal may be granted or denied. Appeals that are granted should normally be remanded (or partially remanded) to the original Investigator(s) and/or Decision-maker with corrective instructions for reconsideration. In rare circumstances where an error cannot be cured by the original Investigator(s) and/or Decision-maker or the Title IX Coordinator (as in cases of bias), the Appeal Decision-maker may order a new investigation and/or a new determination with new Pool members serving in the Investigator and Decision-maker roles. 

A Notice of Appeal Outcome letter (“Appeal Outcome”) will be sent to all Parties simultaneously, or without significant time delay between notifications. The Appeal Outcome will specify the finding on each appeal ground, any specific instructions for remand or reconsideration, all sanction(s) that may result which Juniata College, and the rationale supporting the essential findings. 

Written notification is typically emailed to the Parties’. Once mailed, emailed, and/or received in person, the Appeal Outcome will be presumptively delivered.

Once an appeal is decided, the outcome is final and constitutes the Final Determination; further appeals are not permitted, even if a decision or sanction is changed on remand (except in the case of a new determination). When appeals result in no change to the finding or sanction, that decision is final. When an appeal results in a new finding or sanction, that finding or sanction can be appealed one final time on the grounds listed above and in accordance with these procedures.

If a remand results in a new determination that is different from the appealed determination, that new determination can be appealed, once, on any of the available appeal grounds.

E.     Sanction Status During the Appeal

Any sanctions imposed as a result of the determination are stayed (i.e., not implemented) during the appeal process, and supportive measures may be maintained or reinstated until the appeal determination is made.

Back to Top

37.  Long-Term Remedies/Other Actions

Following the conclusion of the Resolution Process, and in addition to any sanctions implemented or Informal Resolution terms, the Title IX Coordinator may implement additional long-term remedies or actions with respect to the Parties and/or Juniata College community that are intended to stop the TIX sex discrimination, harassment, and/or retaliation, remedy the effects, and prevent recurrence. 

These remedies/actions may include, but are not limited to: 

• Referral to counseling and health services
• Referral to the Employee Assistance Program
• Course and registration adjustments, such as retroactive withdrawals
• Education to the individual and/or the community 
• Permanent alteration of housing assignments
• Permanent alteration of work arrangements for employees
• Provision of campus safety escorts
• Climate surveys
• Policy modification and/or training
• Provision of transportation assistance
• Implementation of long-term contact limitations between the Parties
• Implementation of adjustments to academic deadlines, course schedules, etc.

At the discretion of the Title IX Coordinator certain long-term supportive measures may also be provided to the Parties even if no Policy violation is found. 

When no Policy violation is found, the Title IX Coordinator will address any remedies Juniata College owes the Respondent to ensure no effective denial of educational access.

Juniata College will maintain the confidentiality of any long-term remedies/actions/measures, provided confidentiality does not impair Juniata College’s ability to provide these services.

Back to Top

38.  Failure to Comply with Sanctions, Responsive Actions, and/or Informal Resolution Terms

All Respondents are expected to comply with the assigned sanctions, responsive actions, corrective actions, and/or Informal Resolution terms within the timeframe specified by the final Decision-maker(s), including the Appeal Panel or Decision-maker or the Informal Resolution agreement.

Failure to abide by the sanction(s)/action(s) imposed by the date specified, whether by refusal, neglect, or for any other reason, may result in additional sanction(s)/action(s), including suspension, expulsion, and/or termination from Juniata College. 

Supervisors are expected to enforce the completion of sanctions/responsive actions for their employees.

A suspension imposed for non-compliance with sanctions will only be lifted when compliance is achieved to the Title IX Coordinator’s satisfaction.  

Back to Top

39.  Recordkeeping

For a period of at least seven (7) years following the conclusion of the Resolution Process, Juniata College will maintain records of:

1. Each discrimination, harassment, and retaliation resolution process, including any Final Determination regarding responsibility or appeal, and any audio or audiovisual recording or transcript required under federal regulation.
2. Any disciplinary sanctions imposed on the Respondent.
3. Any supportive measures provided to the Parties and any remedies provided to the Complainant or the community designed to restore or preserve equal access to Juniata College’s education program or activity.
4. Any appeal and the result therefrom.
5. Any Informal Resolution and the result therefrom.
6. All materials used to provide training to the Title IX Coordinator and designees, Investigators, Decision-makers, Appeal Decision-makers, Informal Resolution Facilitators, and any person who is responsible for implementing Juniata College’s Resolution Process, or who has the authority to modify or terminate supportive measures. Juniata College will make these training materials available for review upon request.
7. All materials used to train all employees consistent with the requirements in the Title IX Regulations.

Juniata College will also maintain any and all records in accordance with federal and state laws.

Back to Top

40.  Accommodations and Support During the Resolution Process

Disability Accommodations

Juniata College is committed to providing reasonable accommodations and support to qualified students, employees, or others with disabilities to ensure equal access to the Juniata College’s Resolution Process. 

Anyone needing such accommodations or support should contact the Title IX Coordinator, who will work with Student Accessibility Services as appropriate to review the request and, in consultation with the person requesting the accommodation, determine which accommodations are appropriate and necessary for full process participation.

Other Support

Juniata College will also address reasonable requests for support for the Parties and witnesses, including:

• Language services/Interpreters
• Access and training regarding use of technology throughout the Resolution Process
• Other support as deemed reasonable and necessary to facilitate participation in the Resolution Process

Back to Top

41.  Revision of these Procedures 

These procedures succeed any previous procedures addressing discrimination, harassment, and retaliation for incidents occurring on or after August 1, 2024. The Title IX Coordinator will regularly review and update these procedures. Juniata College reserves the right to make changes to this document as necessary, and once those changes are posted online, they are in effect. 

If governing laws or regulations change, or court decisions alter, the requirements in a way that impacts this document, this document will be construed to comply with the most recent governing laws, regulations, or court holdings. 

This document does not create legally enforceable protections beyond the protections of the background federal and state laws that frame such policies and codes, generally.

These procedures are effective August 1, 2024. 

 

Back to Top

APPENDIX A: DEFINITIONS

• Advisor. Any person chosen by a party, or appointed by the institution, who may accompany the party to all meetings related to the Resolution Process and advise the party on that process. 
• Title IX Coordinator. The person with primary responsibility for overseeing and enforcing the Title IX Policy. As used in these policies and procedures, the “Title IX Coordinator” also includes their designee(s). 
• Appeal Decision-maker. The person or panel who accepts or rejects a submitted appeal request, determines whether any of the appeal grounds are met, and directs responsive action(s) accordingly. 
• Complainant. A student or employee who is alleged to have been subjected to conduct that could constitute discrimination, harassment, retaliation, or Other Prohibited Conduct under the Policy; or a person other than a student or employee who is alleged to have been subjected to conduct that could constitute discrimination or harassment or under the Policy and who was participating or attempting to participate in Juniata College’s education program or activity at the time of the alleged discrimination, harassment, retaliation, or Other Prohibited Conduct.
• Complaint. An oral or written request to Juniata College that can objectively be understood as a request for Juniata College to investigate and make a determination about the alleged Policy violation(s).
• Confidential Employee. 
  • An employee whose communications are privileged or confidential under federal or state law. The employee’s confidential status, for purposes of this definition, is only with respect to information received while the employee is functioning within the scope of their duties to which privilege or confidentiality applies; or
  • An employee whom the Juniata College has designated as confidential under this Policy for the purpose of providing services to persons related to discrimination, harassment, retaliation, or Other Prohibited Conduct. If the employee also has a duty not associated with providing those services, the employee’s confidential status only applies with respect to information received about discrimination, harassment, retaliation, or Other Prohibited Conduct in connection with providing those services; or
  • An employee who is conducting an Institutional Review Board-approved human-subjects research study designed to gather information about discrimination, harassment, retaliation, or Other Prohibited Conduct. The employee’s confidential status only applies with respect to information received while conducting the study.
• Day. A business day when the Juniata College is in normal operation. All references in the Policy to days refer to business days unless specifically noted as calendar days.
• Decision-maker. The person or panel who reviews evidence, determines relevance, and makes the Final Determination of whether Policy has been violated and/or assigns sanctions.
• Education Program or Activity. Locations, events, or circumstances where the Juniata College exercises substantial control over the context in which the discrimination, harassment, retaliation, and/or Other Prohibited Conduct occurs and also includes any building owned or controlled by a student organization that the Juniata College officially recognizes.
• Employee. A person employed by Juniata College either full- or part-time, including student employees when acting within the scope of their employment. 
• Final Determination. A conclusion by the standard of proof that the alleged conduct did or did not violate Policy. 
• Finding. A conclusion by the standard of proof that the conduct did or did not occur as alleged (as in a “finding of fact”).
• Informal Resolution. A resolution agreed to by the Parties and approved by the Title IX Coordinator or designee that occurs prior to a Final Determination in the Resolution Process.
• Investigation Report. The Investigator’s summary of all relevant evidence gathered during the investigation. Variations include the Draft Investigation Report and the Final Investigation Report.
• Investigator. The person(s) authorized by Juniata College to gather facts about an alleged violation of this Policy, assess relevance and credibility, synthesize the evidence, and compile this information into an Investigation Report. 
• Knowledge. When Juniata College receives Notice of conduct that reasonably may constitute harassment, discrimination, retaliation, or Other Prohibited Conduct in its Education Program or Activity.
• Mandated Reporter. A Juniata College employee who is obligated by Policy to share Knowledge, Notice, and/or reports of discrimination, harassment, retaliation, and/or Other Prohibited Conduct with the Title IX Coordinator.[2],[3] 
• Nondiscrimination Team. The Title IX Coordinator, any deputy coordinators, and any member of the Resolution Process Pool.
• Notice. When an employee, student, or third party informs the Title IX Coordinator of the alleged occurrence of discriminatory, harassing, retaliatory, and/or Other Prohibited Conduct. 
• Parties. The Complainant(s) and Respondent(s), collectively. 
• Pregnancy or Related Conditions. Pregnancy, childbirth, termination of pregnancy, or lactation, medical conditions related thereto, or recovery therefrom.
• Protected Characteristic. Any characteristic for which a person is afforded protection against discrimination and harassment by law or Juniata College Policy.
• Relevant Evidence. Evidence that may aid a Decision-maker in determining whether the alleged discrimination, harassment, retaliation, or Other Prohibited Conduct occurred, or in determining the credibility of the Parties or witnesses.
• Remedies. Typically, post-resolution actions directed to the Complainant and/or the community as mechanisms to address safety, prevent recurrence, and restore or preserve equal access to Juniata College’s Education Program and Activity. 
• Resolution Process. The investigation and resolution of allegations of prohibited conduct under this Policy, including Informal Resolution, and/or Hearing Resolution.
• Respondent. A person who is alleged to have engaged in conduct that could constitute discrimination based on a protected characteristic, harassment, or retaliation for engaging in a protected activity under this Policy, or Other Prohibited Conduct.
• Sanction. A consequence imposed on a Respondent who is found to have violated this Policy.
• Sex. Sex assigned at birth, sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.
• Student. Any person who has gained admission.
• Title IX Coordinator. At least one official designated by Juniata College to ensure ultimate oversight of compliance with Title IX and Juniata College’s Title IX program. References to the Coordinator throughout the Policy may also encompass a designee of the Coordinator for specific tasks. 

[2] Not to be confused with those mandated by state law to report child abuse, elder abuse, and/or abuse of persons with disabilities to appropriate officials, though these responsibilities may overlap with those who have mandated reporting responsibility under this Policy.

[3] The Administrator designated to receive information from Mandated Reporters may vary depending upon the type of alleged discrimination, harassment, or retaliation (e.g., on the basis of sex, on the basis of race, on the basis of disability).

 

Back to Top

APPENDIX B: STATEMENT OF THE PARTIES’ RIGHTS

Under this Policy and procedures, the Parties have the right to:

• An equitable investigation and resolution of all credible allegations of prohibited discrimination, harassment, retaliation, and Other Prohibited Conduct, when reported in good faith to Juniata College officials.
• Timely written notice of all alleged violations, including the identity of the Parties involved (if known), the specific misconduct being alleged, the date and location of the alleged misconduct (if known), the implicated Policies and procedures, and possible sanctions.
• Timely written notice of any material adjustments to the allegations (e.g., additional incidents or allegations, additional Complainants) by updating the Notice of Investigation and Allegation(s) (NOIA) as needed to clarify potentially implicated Policy violations.
• Be informed in advance of any Juniata College public release of information regarding the allegation(s) or underlying incident(s), whenever possible.
• Have all personally identifiable information protected from Juniata College’s release to the public without consent, except to the extent permitted by law.
• Be treated with respect by Juniata College officials.
• Have Juniata College Policy and these procedures followed without material deviation.
• Voluntarily agree to resolve allegations under this Policy through Informal Resolution without Juniata College pressure, if Informal Resolution is approved by the Administrator.
• Not be discouraged by Juniata College officials from reporting discrimination, harassment, retaliation, and Other Prohibited Conduct to both on-campus and off-campus authorities.
• Be informed of options to notify proper law enforcement authorities, including on-campus and local police, and the option(s) to be assisted by Juniata College in notifying such authorities, if the party chooses. This also includes the right to not be pressured to report.
• Have allegations of violations of this Policy responded to promptly and with sensitivity by Juniata College law enforcement, security, and/or other Juniata College officials.
• Be informed of available supportive measures, such as counseling, advocacy, health care, student financial aid, visa and immigration assistance, and/or other services, both on-campus and in the community.
• A Juniata College-implemented no-contact order or a no-trespass order against a non-affiliated third party when a person has engaged in or threatens to engage in stalking, threatening, harassing, or other improper conduct.
• Be informed of available assistance in changing academic, living, and/or employment situations after an alleged incident of discrimination, harassment, retaliation, and/or Other Prohibited Conduct if such changes are reasonably available. No formal report, or investigation, either institutional or criminal, needs to occur for this option to be available. Such actions may include, but are not limited to:
  • Relocating a residential student’s housing to a different on-campus location
  • Assistance from Juniata College staff in completing the relocation
  • Changing an employee’s work environment (e.g., reporting structure, office/workspace relocation)
  • Transportation assistance
  • Visa/immigration assistance
  • Arranging to dissolve a housing contract and provide a pro-rated refund
  • Rescheduling or adjusting an exam, paper, and/or assignment
  • Receiving an incomplete in, or a withdrawal from, a class (may be retroactive)
  • Transferring class sections
  • Temporary withdrawal/leave of absence (may be retroactive)
  • Campus safety escorts
  • Alternative course completion options
• Have Juniata College maintain supportive measures for as long as necessary, ensuring they remain confidential, provided confidentiality does not impair Juniata College’s ability to provide the supportive measures.
• Receive sufficiently advanced written notice of any Juniata College meetings or interviews involving another party, when possible.
• Identify and have the Investigator(s) and/or Decision-maker question relevant available witnesses, including expert witnesses.
• Provide the Investigator(s)/Decision-maker with a list of questions that, if deemed relevant and permissible by the Investigator(s)/Decision-maker, may be asked of any party or witness.
• Have Complainant’s inadmissible sexual interests/prior sexual history or any Party’s irrelevant character evidence excluded by the Decision-maker.
• Access the relevant evidence obtained and respond to that evidence.
• A fair opportunity to provide the Investigator(s) with their account of the alleged misconduct and have that account be on the record.
• Receive a copy of all relevant and permissible evidence obtained during the investigation, subject to privacy limitations imposed by federal and state law, and be given ten (10) business days to review and comment on the evidence.
• The right to receive a copy of the Final Investigation Report, including all factual, Policy, and/or credibility analyses performed, and to have at least ten (10) business days to review the report prior to the determination.
• Be informed of the names of all witnesses whose information will be used to make a finding, in advance of that finding, when relevant.
• Regular status updates on the investigation and/or Resolution Process.
• Have reports of alleged Policy violations addressed by Resolution Process Pool members who have received relevant annual training as required by law.
• A Decision-making panel that is not single sex in its composition, if a panel is used.
• Preservation of confidentiality/privacy, to the extent possible and permitted by law.
• Meetings, interviews, and/or hearings that are closed to the public.
• Petition that any Juniata College representative in the process be recused on the basis of disqualifying bias and/or conflict of interest.
• Be able to select an Advisor of their choice to accompany and assist the party in all meetings and/or interviews associated with the Resolution Process.
• Apply the appropriate standard of proof, preponderance of the evidence, to make a Finding and Final Determination after an objective evaluation of all relevant and permissible evidence.
• Be present, including presence via remote technology, during all testimony given and evidence presented during any live hearing.
• Have an impact and/or mitigation statement considered by the Decision-maker following a determination of responsibility for any allegation, but prior to sanctioning.
• Be promptly informed of the Resolution Process finding(s) and sanction(s) (if any) and be given a detailed rationale of the decision (including an explanation of how credibility was assessed) in a written outcome letter delivered to the Parties simultaneously (without undue delay).
• Be informed in writing of when a Juniata College decision is considered final and any changes to the Final Determination or sanction(s) that occur post outcome letter delivery.
• Be informed of the opportunity to appeal the Resolution Process finding(s) and sanction(s), and the procedures for doing so in accordance with Juniata College’s grounds for appeal.
• A fundamentally fair resolution as defined in these procedures. 

 

Back to Top

APPENDIX C: PRIVACY, PRIVILEGE, AND CONFIDENTIALITY

For the purpose of this Policy, the terms privacy, confidentiality, and privilege have distinct meanings. 

• Privacy. Means that information related to a complaint will be shared with a limited number of Juniata College employees who “need to know” in order to assist in providing supportive measures or evaluating, investigating, or resolving the Complaint. All employees who are involved in Juniata College’s response to Notice under this Policy receive specific training and guidance about sharing and safeguarding private information in accordance with federal and state law. 
• Confidentiality. Exists in the context of laws or professional ethics (including Title IX) that protect certain relationships, including clinical care, mental health providers, and counselors. Confidentiality also applies to those designated by Juniata College as Confidential Employees for purposes of reports under this Policy, regardless of legal or ethical protections. When a Complainant shares information with a Confidential Employee, the Confidential Employee does not need to disclose that information to the Title IX Coordinator. The Confidential Resource will, however, provide the Complainant with the Title IX Coordinator’s contact information, assist the Complainant in reporting, if desired, and provide them with information on how the Title IX Office can assist them. With respect to Confidential Employees, information may be disclosed when: (1) the reporting person gives written consent for its disclosure; (2) there is a concern that the person will likely cause serious physical harm to self or others; or (3) the information concerns conduct involving suspected abuse or neglect of a minor under the age of 18, elders, or persons with disabilities. Non-identifiable information may be shared by Confidential Employees for statistical tracking purposes as required by the Clery Act/Violence Against Women Act (VAWA). Other information may be shared as required by law.
• Privilege. Exists in the context of laws that protect certain relationships, including attorneys, spouses, and clergy. Privilege is maintained by a provider unless a court orders release or the holder of the privilege (e.g., a client, spouse, parishioner) waives the protections of the privilege. Juniata College treats employees who have the ability to have privileged communications as Confidential Employees. 

Juniata College reserves the right to determine which Juniata College officials have a legitimate educational interest in being informed about student-related incidents that fall under this Policy, pursuant to the Family Educational Rights and Privacy Act (FERPA).

Only a small group of officials who need to know will typically be told about the Complaint. Information will be shared as necessary with Investigators, Decision-makers, Appeal Decision-makers, witnesses, the Parties, and the Parties’ . The circle of people with this knowledge will be kept as tight as possible to preserve the Parties’ rights and privacy, and release is governed by the institution’s unauthorized disclosure policy. 

Juniata College may contact students’ parents/guardians to inform them of situations in which there is a significant and articulable health and/or safety risk but will usually consult with the student prior to doing so.

 

Back to Top

APPENDIX D: PREGNANCY AND RELATED CONDITIONS AND PARENTING STUDENT MODEL POLICY FOR HIGHER EDUCATION

1. Non-Discrimination Statement

Juniata College does not discriminate in its education program or activity against any applicant for admission, student, applicant for employment, or employee on the basis of current, potential, or past pregnancy or related conditions as mandated by Title IX of the Education Amendments of 1972 (Title IX). Juniata College prohibits members of the Juniata College community from adopting or implementing any policy, practice, or procedure which treats an applicant for admission, student, applicant for employment, or employee differently on the basis of current, potential, or past parental, family, or marital status.[4] This policy and its pregnancy-related protections apply to all pregnant persons, regardless of gender identity or expression.

2. Definitions

• Familial Status. The configuration of one’s family or one’s role in a family.
• Marital Status. The state of being married or unmarried.
• Parental Status. The status of a person who, with respect to another person who is under the age of 18,[5] is a biological, adoptive, foster, or stepparent; a legal custodian or guardian; in loco parentis with respect to such a person; or actively seeking legal custody, guardianship, visitation, or adoption of such a person.
• Pregnancy and Related Conditions. The full spectrum of processes and events connected with pregnancy, including pregnancy, childbirth, termination of pregnancy, or lactation; related medical conditions; and recovery therefrom.[6]
• Reasonable Modifications. Individualized modifications to Juniata College’s policies, practices, or procedures that do not fundamentally alter Juniata College’s education program or activity.

[4] “Title IX does not prohibit discrimination based on marital status per se, as discrimination based on marital status does not necessarily require consideration of a person’s sex. Title IX does, however, prohibit a Juniata College from applying rules concerning marital status that treat individuals differently on the basis of sex (e.g., treating married women more or less favorably than married men, treating an unmarried mother worse than a married mother based on sex stereotypes, treating a man who is married to a man worse than a woman who is married to a man).” Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance, 89 F.R. 33474, April 29, 2024, codified at 34 C.F.R. 106.

[5] Or a person who is 18 or older but who is incapable of self-care because of a mental or physical disability.

[6] “[T]he Department interprets ‘termination of pregnancy’ to mean the end of pregnancy in any manner, including, miscarriage, stillbirth, or abortion.” Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance, 89 F.R. 33474, April 29, 2024, codified at 34 C.F.R. 106.

3. Information Sharing Requirements

Any Juniata College employee who becomes aware of a student’s pregnancy or related condition is required to provide the student with the Title IX Coordinator’s contact information and communicate that the Coordinator can help take specific actions to prevent discrimination and ensure equal access to Juniata College’s education program and activity. If the employee has a reasonable belief that the Title IX Coordinator is already aware of the pregnancy or related condition, the employee is not required to provide the student with the Title IX Coordinator’s contact information.

Upon notification of a student’s pregnancy or related condition, the Title IX Coordinator will contact the student and inform the student of Juniata College’s obligations to:

• Prohibit sex discrimination.
• Provide reasonable modifications.
• Allow access, on a voluntary basis, to any separate and comparable portion of the institution’s education program or activity.
• Allow a voluntary leave of absence.
• Ensure lactation space availability.
• Maintain a Resolution Process for alleged discrimination.
• Treat pregnancy as comparable to other temporary medical conditions for medical benefit, service, plan, or policy purposes.

The Title IX Coordinator will also notify the student of the process to file a complaint for alleged discrimination, harassment, or retaliation, as applicable.

4. Reasonable Modifications for Students

Students who are pregnant or are experiencing related conditions are entitled to Reasonable Modifications to prevent sex discrimination and ensure equal access to Juniata College’s education program and activity. Any student seeking Reasonable Modifications must contact the Title IX Coordinator to discuss appropriate and available Reasonable Modifications based on their individual needs. Students are encouraged to request Reasonable Modifications as promptly as possible, although retroactive modifications may be available in some circumstances. Reasonable Modifications are voluntary, and a student can accept or decline the offered Reasonable Modifications. Not all Reasonable Modifications are appropriate for all contexts.

Reasonable Modifications may include:

• Breaks during class to express breast milk, breastfeed, or attend to health needs associated with pregnancy or related conditions, including eating, drinking, or using the restroom
• Intermittent absences to attend medical appointments
• Access to online or homebound education
• Changes in schedule or course sequence
• Time extensions for coursework and rescheduling of tests and examinations
• Allowing a student to sit or stand, or carry or keep water nearby
• Counseling
• Changes in physical space or supplies (for example, access to a larger desk or a footrest)
• Elevator access
• A larger uniform or other required clothing or equipment
• Other changes to policies, practices, or procedures determined by the Title IX Coordinator

In situations such as clinical rotations, performances, labs, and group work, the institution will work with the student to devise an alternative path to completion, if possible. In progressive curricular and/or cohort-model programs, medically necessary leaves are sufficient cause to permit the student to shift course order, substitute similar courses, or join a subsequent cohort when returning from leave.  Students are encouraged to work with their faculty members and Juniata College’s support systems to devise a plan for how to best address the conditions as pregnancy progresses, anticipate the need for leaves, minimize the academic impact of their absence, and get back on track as efficiently and comfortably as possible. The Title IX Coordinator will assist with plan development and implementation as needed.

Supporting documentation for Reasonable Modifications will only be required when it is necessary and reasonable under the circumstances to determine which Reasonable Modifications to offer to determine other specific actions to take to ensure equal access.

Information about pregnant students’ requests for modifications will be shared with faculty and staff only to the extent necessary to provide the Reasonable Modification.

Students experiencing pregnancy-related conditions that manifest as a temporary disability under the Americans with Disabilities Act (ADA) or Section 504 of the Rehabilitation Act are eligible for reasonable accommodations just like any other student with a temporary disability. The Title IX Coordinator will consult with the Director of Accessibility Services to ensure the student receives reasonable accommodations for their disability as required by law.

5. Certification to Participate

All students should be informed of health and safety risks related to participation in academic and co-curricular activities, regardless of pregnancy status. A student may not be required to provide health care provider or other certification that the student is physically able to participate in the program or activity, unless:

1. The certified level of physical ability or health is necessary for participation;
2. The institution requires such certification of all students participating; and
3. The information obtained is not used as a basis for pregnancy-related discrimination.

6. Lactation Space Access

Juniata College provides students and employees with access to lactation spaces that are functional, appropriate, and safe. Such spaces are regularly cleaned, shielded from view, and free from the intrusion of others.

Individuals seeking access to a lactation space should reach out to Human Resources directly to identify a location.

7. Leaves of Absence

A.    Students

Students are permitted to take a voluntary leave of absence for a reasonable time as deemed medically necessary by their healthcare provider because of pregnancy and/or the birth, adoption, or placement of a child. The leave term may be extended in the case of extenuating circumstances or medical necessity. Students who elect to take leave under this policy may register under an “on leave/inactive” status to continue their eligibility for certain benefits. While registered under that status, students who choose to take a leave of absence under this policy can elect to keep their health insurance coverage and continue residing in Juniata College housing, subject to the payment of applicable fees.

To the extent possible, Juniata College will take reasonable steps to ensure that students who take a leave of absence or medical leave return to the same position of academic progress that they were in when they took leave, including access to the same or an equivalent course catalog that was in place when the leave began.

Continuation of students’ scholarships, fellowships, or similar Juniata College-sponsored funding during the leave term will depend on student registration status and the policies of the funding program regarding registration status. Students will not be negatively impacted by or forfeit their future eligibility for their scholarship, fellowship, or similar Juniata College-supported funding by exercising their rights under this policy.  

The Title IX Office can and will advocate for students with respect to financial aid agencies and external scholarship providers in the event that a leave of absence places eligibility into question.

In order to initiate a leave of absence, the student must contact the Title IX Coordinator at least 30 calendar days prior to the initiation of leave, or as soon as practicable. The Coordinator will assist the student in completing any necessary paperwork.

B.    Employees

Information on employment leave can be found in the employee handbook or faculty handbook.

If an employee, including a student-employee, is not eligible for leave under the aforementioned leave policy because they either (1) do not have enough leave time available under that policy, or (2) have not been employed long enough to qualify for leave under that policy, they are eligible to qualify for pregnancy or related condition leave under Title IX. Pregnancy and related conditions will be regarded as a justification for a leave of absence without pay for a reasonable period of time.

Employees who take leave under Title IX must be reinstated to the status held when leave began or a comparable position without a negative effect on any employment privilege or right.

8. Student Parents

Students with child caretaking/parenting responsibilities who wish to remain engaged in their coursework while adjusting their academic responsibilities because of the birth or adoption of a child or placement of a foster child may request an academic modification period during the first six months from the time the child entered the home. Extensions may be granted when additional time is required by medical necessity or extraordinary caretaking/parenting responsibilities.

During the modification period, the student’s academic requirements will be adjusted, and deadlines postponed as appropriate, in collaboration among the Title IX Office, the student’s academic advisor, and the appropriate academic department(s).

Students seeking a period of modified academic responsibilities may consult with their academic advisor or with the Title IX Office to determine appropriate academic adjustment requests. The Title IX Office will communicate all requests under this policy to students’ academic and coordinate adjustment-related efforts with the unless the student specifically requests that theirs be excluded.

Students are encouraged to work with their and faculty members to reschedule course assignments, lab hours, examinations, or other requirements, and/or to reduce their overall course load, as appropriate, once authorization is received from the Title IX Office.

If, for any reason, caretaking/parenting students are not able to work with their /faculty members to obtain appropriate modifications, students should alert the Title IX Office as soon as possible, and the office will help facilitate needed accommodations and modifications.

Students can request modified academic responsibilities under this Policy regardless of whether they elect to take a leave of absence.

While receiving academic modifications, students will remain registered and retain benefits accordingly.

9. Juniata College Housing

A pregnant student’s Juniata College housing status will not be altered based on pregnancy status unless requested by the student. Parenting students’ access to housing is governed by Office of Residential Life Policies.  

10. Policy Dissemination and Training

A copy of this policy will be made available to faculty and employees in annually required training and posted on the Juniata College website. Juniata College will alert all new students about this policy and the location of this policy as part of orientation. The Title IX Office will make educational materials available to all members of the Juniata College community to promote compliance with this policy and familiarity with its procedures. 

Back to Top