Diversity, Equity & Inclusion
Title IX Complaints
COMPLAINTS SHOULD BE FILED USING THE APPROPRIATE ONLINE FORM:
FACULTY & STAFF COMPLAINTS
STUDENT COMPLAINTS
IV. Complaint Procedure
Any Bucks County Community College employee or student may use this procedure to file a gender based misconduct/Title IX complaint. The college encourages students, faculty, staff, and visitors to promptly report incidents of Gender Based Misconduct. All complaints of Gender Based Misconduct must be brought to the immediate attention of the Title IX Coordinator for the College, Kevin L. Antoine, JD who may be reached at Tyler Hall - Room 238 and by phone at 215-968-8093, or by email at title9@bucks.edu. In cases of emergency, contact the Office of Security and Safety, located in Cottage 4, or by phone 215-968-8395.
Any person who receives a complaint of Gender Based Misconduct from an employee or student, or who otherwise knows or has reason to believe that an employee or student has been subjected to Gender Based Misconduct must report the incident promptly to the Title IX Coordinator.
1. REQUIREMENTS FOR FILING A COMPLAINT
A complaint form in accessible online at portal page. The online complaint form can also be downloaded and emailed to the Title IX Coordinator at title9@bucks.edu. Should an individual refuse to put a complaint in writing the college may investigate the verbal complaint to the best of its ability and will proceed with any action that is warranted.
There is no time limit to file a Gender Based Misconduct/Title IX complaint. Although no time limit exists to file a Gender Based Misconduct/Title IX complaint, the college recommends that complaints be filed as soon as practical since the passage of time can limit the evidence available.
The Title IX Coordinator or designee will conduct a prompt and appropriate investigation into any allegation of sex discrimination, sexual harassment or sexual violence or retaliation, to enable a prompt and equitable response under all circumstances and in a fair and expeditious manner. The college reserves the right to retain an outside investigator(s) or legal counsel to investigate complaints regarding violations of this policy.
2. REQUIREMENTS FOR PROCESSING AND INVESTIGATING A COMPLAINT
When reviewing a complaint, the standard of review utilized by the Title IX coordinator shall be that of a preponderance of the evidence (i.e., whether the conduct complained of is more likely than not to have occurred.)
The Title IX Coordinator or designee may allow the parties to suggest, offer, and/or encourage the college investigator to interview and/or solicit evidence from other parties.
The investigation will continue whether or not the complaint also is being investigated by another agency or law enforcement unless the Title IX Coordinator’s investigation would impede law enforcement’s investigation. If the investigation is suspended during an investigation by law enforcement, the college will implement interim steps to protect the complainant’s safety and upon completion of the law enforcement investigation, the college will proceed expeditiously to complete its investigation.
3. REQUIREMENTS ADMINISTRATIVE HEARING
Upon completion of the investigation, any case of Gender Based Misconduct will be referred to the appropriate administrator for applicable proceedings consistent with the college’s relevant workplace conduct policies or employee association agreements, collective bargaining agreements, or the college Student Code of Conduct.
Both the complainant and the alleged perpetrator, through the investigator, have the right to a hearing, the right to be represented by counsel, and the right to present witnesses and other evidence. The standard to review applied at the hearing will be the preponderance of evidence. A court reporter will be present at the hearing to transcribe what occurs.
In cases of allegations of sexual harassment or sexual violence between students, a judicial hearing consistent with the Student Code of Conduct will be conducted following the conclusion of any investigation into the matter.
4. HEARING OUTCOME FINAL DECISION
If it is determined that a violation of this policy has occurred, the college will act promptly to eliminate the inappropriate conduct and prevent its recurrence, and address its effects by taking appropriate action, which may, depending upon the circumstances, include but not be limited to a change in class or work schedules or assignments, mandatory training or suspension, imposing restrictions on contact between parties, providing safe on-campus transportation and/or a security escort to and from classes, to a car or public transportation; leaves of absence, increased security or monitoring of certain areas of the campus and disciplinary measures such as reprimand, loss of privilege, expulsion and/or immediate termination.
Upon completion of the investigation, the individual(s) who made the complaint and the individual(s) against whom the complaint was made will be advised of the results of the investigation in writing and, where a remedy is determined to be appropriate, to inform the parties of the steps that will be taken to remedy the situation.
5. APPEAL PROCESS
Students may appeal the outcome of the hearing to the college President. Such appeal must be filed in writing within (15) days of the issuance of a written decision by the hearing officer. The appeal process will consist of a review of the transcript by the college President; a new hearing will not be held.
Employees may appeal the outcome of the hearing by exercising the rights afforded them by collective bargaining agreements or employment policies related to administrative employees.
Interim Measures to Protect Safety and Well-Being
Following a report of sexual assault, sexual harassment or other sexual misconduct, the College will provide interim support and reasonable protection against further acts of misconduct, harassment, or retaliation as needed, as well as provide services and resources to provide a safe educational and employment environment.
The College will determine the necessity and scope of any interim measures pending the completion of the complaint process. Even when a Complainant or Respondent does not specifically request that protective action be taken, the College may still choose to impose interim measures at its discretion to ensure the safety of any individual, the broader College community, or the integrity of the review process.
All individuals are encouraged to report concerns about failure of another individual to abide by any restrictions imposed by an interim measure. The College will take prompt responsive action to enforce a previously implemented interim measure.
Depending on the facts and circumstances of the specific complaint, the Title IX Coordinator or designee will immediately contact agencies and organizations to effect immediate relief, care, and support for the complainant and/or the victim in any given case including but not limited to:
- The closest, competent health care facility;
- The police department and campus public safety;
- The Student Support Referral Team (SSRT); or
- The Employee Assistance Program (EAP).
As an immediate priority, care will be taken to ensure the safety and well-being of the complainant and/or victim, and to exercise all precautionary measures to prevent a repeat of the alleged incident of Gender Based Prohibited Conduct. Accordingly, interim measures such as a temporary suspension or leave of absence, may be implemented pending a hearing on the matter.
In cases of sexual violence, the Title IX Coordinator will inform the complaining victim of the right to file a criminal complaint with applicable law enforcement authorities and shall make known and available to the complaining victim information related to available support services and medical and counseling resources as applicable.
A Complainant who wishes to pursue a criminal complaint is encouraged to make a report to local law enforcement. Local law enforcement will determine if a criminal investigation will occur and if the case will be referred for prosecution. Unless there are compelling circumstances, the College will typically not file an independent police report without the consent of the Complainant.
Confidentiality
All actions taken to investigate and resolve complaints through this procedure shall be conducted with as much privacy, discretion and confidentiality as reasonably possible without compromising the thoroughness and fairness of the investigation. It is important to understand that, while the College will treat information it has received with appropriate sensitivity, College personnel may nonetheless need to share certain information with those at the College responsible for stopping or preventing Gender Based Prohibited Conduct.
For example, College officers, other than those who are prohibited from reporting because of a legal confidentiality obligation or prohibition against reporting, must promptly notify the Title IX Coordinator about possible sexual or gender-based harassment, regardless of whether a complaint is filed. Such reporting is necessary for various reasons, including to ensure that persons possibly subjected to such conduct receive appropriate services and information; that the College can track incidents and identify patterns; and that, where appropriate, the College can take steps to protect the College community. This reporting by College officers will not necessarily result in a complaint; rather, the Title IX Coordinator will assess the information and determine what action, if any, will be taken. Information will be disclosed in this manner only to those at the College who, in the judgment of the Title IX Coordinator, have a need to know.
In addition, under some circumstances, to conduct a thorough investigation, investigator(s) may need to discuss the complaint with witnesses and those persons involved in, or affected by, the complaint, and those persons necessary to assist in the investigation or to implement appropriate disciplinary actions.
Should individuals desire to discuss an incident or other information only with persons who are subject to a legal confidentiality obligation or prohibition against reporting, they should ask College officers for information about such resources, which may be available both at the College and elsewhere. College officers are available to discuss these other resources and to assist individuals in making an informed decision.
Retaliation
Retaliation against any individual for making a complaint of a violation or alleged violation of this Policy will not be tolerated. Any acts of retaliation will be subject to appropriate disciplinary action, such as but not limited to reprimand, change in work assignment, loss of privileges, mandatory training or suspension and/or immediate termination.
Violations of Other Rules
The College encourages the reporting of all concerns regarding Gender Based Prohibited Conduct. Sometimes individuals are hesitant to report instances of sexual or gender-based discrimination or harassment because they fear they may be charged with other policy violations, such as underage alcohol consumption. Because the College has a paramount interest in protecting the well-being of its community and remedying sexual or gender-based harassment, other policy violations will be considered, if necessary, separately from allegations under this Policy.
Advice and Assistance
Any member of the College community who believes that he or she has been the victim of Gender Based Prohibited Conduct may also contact the following individuals to obtain information on initiating either informal or formal procedures to resolve a complaint.
- All College Counselors are available to provide information and counseling, on a confidential basis, concerning incidents of Gender Based Prohibited Conduct.
- Complaints that a College employee has engaged in Gender Based Prohibited Conduct may be brought to the alleged offender’s administrative supervisor.
- Complaints that a student has engaged in Gender Based Prohibited Conduct may be reported to the Director for Student Life Programs or Vice President for Student Affairs.
Resources
A variety of resources are available at the College and in the area to assist those who have experienced gender-based or sexual harassment, including sexual violence. They are:
On-Campus Emergency
215-968-8395
Medical Treatment
Newtown
St. Mary’s Hospital (215-710-2000) 1201 Langhorne-Newtown Road Langhorne, PA 19047
Perkasie
Grandview Hospital (215-453-4000) 700 Lawn Avenue
Sellersville, PA 18960
Lower Bucks
Lower Bucks Hospital (215-785-9200 501 Bath Road
Bristol, PA 19007
Aria Health (215-949-5180) 380 Oxford Valley Road Langhorne, PA 19047
Emotional Support
Newtown Campus: Student Services Center
Charles E. Rollins Center, 215-968-8182
Upper Bucks Campus: Student Services Center
215-968-8182
Lower Bucks Campus: Student Services Center
215-968-8182
Network of Victim Assistance (NOVA) 1-800-675-6900, Web site: www.novabucks.org
In addition to the above, employees who believe that they may have been subjected to sexual harassment or unlawful discrimination, may file a formal complaint with government agencies set forth below. Students may file a complaint with the U.S. Department of Education. Using the College’s complaint process does not prohibit an employee or student from filing a complaint with these agencies.
United States Equal Employment Opportunity Commission (“EEOC”)
801 Market Street, Suite 1300 Philadelphia, PA 19107-3127 (800) 669-4000
Pennsylvania Human Relations Commission (“PHRC”)
Philadelphia Regional Office 110 North 8th Street, Suite 501 Philadelphia, PA 19107
(215) 560-2496
(215) 560-3599 TTY users only
U.S. Department of Education - Office of Civil Rights
Office for Civil Rights Philadelphia Office
U.S. Department of Education The Wanamaker Building
100 Penn Square East, Suite 515 Philadelphia, PA 19107-3323 Telephone: (215) 656-8541 Facsimile: (215) 656-8605
Email: OCR.Philadelphia@ed.gov
V. Approval: Board of Trustees on October 9, 2014; revised August 13, 2020
VI. Responsibility: Chief Diversity, Equity & Inclusion Officer and Executive Director, Human Resources