In addition to the University’s student conduct process, complainant rights, and accused student rights as set forth in the Student Code of Conduct, the following sections apply when the conduct matter involves allegations of sex offenses committed by a University student.

There are three categories of sex offenses set forth in the Student Code fo Conduct:

• “Sexual Assault” is defined as any non-consensual attempted or completed sexual intercourse (oral, anal, or vaginal) with a body part and/or object.
• “Sexual Misconduct” is defined as conduct that exploits another person in a sexual and non-consensual way, including, but not limited to non-consensual touching, fondling, or kissing, non-consensual voyeurism, non-consensual recording (audio or visual), non-consensual dissemination of recordings, allowing others to view sexual activities without the consent of all of the participants, exposure of one’s body in an indecent or lewd manner, or sexual activity in public or semi-public places.
• “Sexual Harassment” is defined as unwanted sexual or gender-based behavior that creates an environment that would reasonably be perceived and is perceived by the complainant as hostile or abusive. Examples of sexual harassment are set forth in the University’s Sexual Harassment Policy.

These actions are sex offenses even when the parties are acquaintances, very close friends or even marital partners. No form of bargaining, intimidation, pressure or any degree of previous intimacy can excuse such contact when one party does not clearly express consent. The University is obligated to uphold the laws of the larger community of which it is a part. Although behaviors covered by the laws of the larger community and those covered by the rules of the University community may overlap, the larger community’s laws and the University community’s rules operate independently and do not substitute for each other. University disciplinary action will not be subject to challenge because criminal charges involving the same incident have been dismissed or reduced. The University may pursue enforcement of its own rules whether or not legal proceedings are underway or anticipated, and it may use information from third-party sources, such as law enforcement agencies and the courts, to determine whether University behavioral standards have been violated.

Consent is a positive exchange of words or actions that indicate a willingness to participate freely and voluntarily in mutually agreed upon sexual activity. Consent can only be given when there is equal power between the involved parties. The use of force, threats of force, intimidation, or coercion do not constitute consent. Neither existence of a dating relationship between persons (including past sexual relations) nor silence indicate consent. Effective consent cannot be given under the following circumstances:

1. A person is physically or mentally incapacitated by alcohol or other drugs;
2. A person is unconscious;
3. A person is asleep; and/or
4. A person is under the age of consent (16 in Pennsylvania).

Once sex offense charges have been filed within the University’s student conduct system, the term “complainant” will be used to refer to the person filing the complaint. The term “accused student” will be used to refer to the student charged with a sex offense. The University community will treat sex offense complainants and accused students with fairness throughout the review of the offense within the University’s student conduct process.

The Rights of A Complainant: A complainant has the following rights during disciplinary proceedings conducted by the University:

1. The right to have the presence of a support person from the University community throughout the hearing. The support person may be a friend, faculty member or staff member. The support person may not be an attorney or a family member. The support person does not have the right to speak at the hearing;
2. The right to have a privacy screen at the hearing so that the complainant does not have to see the accused student during the proceedings. Also, a video/audio connection can be provided at the hearing so that the complainant does not have to be in the same room with the accused student;
3. The right not to face charges of incidental rules violations (i.e., the use/abuse of alcohol) she/he may be responsible for in relation to the sex offense;
4. The right to make a written “complainant impact statement” to the University Review Board (URB). The complainant will have an opportunity to provide such a statement to the Director of Student Conduct prior to the start of the hearing. Only if the URB determines responsibility relative to a sex offense will the Director of Student Conduct provide this written statement to the URB before a sanction is imposed.

1. The right to have the presence of a support person from the University community throughout the hearing. The support person may be a friend, faculty member or staff member. The support person may not be an attorney or a family member. The support person does not have the right to speak at the hearing;
2. The right to have a privacy screen at the hearing so that the accused student does not have to see the complainant during the proceedings. Also, a video/audio connection can be provided at the hearing so that the accused student does not have to be in the same room with the complainant;
3. The right to make a written “accused impact statement” to the URB. An accused student will have an opportunity to provide such a statement to the Director of Student Conduct prior to the start of the hearing. Only if the URB determines responsibility relative to a sex offense will the Director of Student Conduct provide this written statement to the URB before a sanction is imposed.