Title IX & Gender Based Misconduct Policy & Complaints
Policy 1.14 Gender Based Misconduct
This policy prohibits (1) Sex or Gender Discrimination, (2) Sexual Harassment, (3) Unlawful Retaliation, (4) Sexually Related Crimes, including Sexual Violence or Assault, (5) Intimate Partner Violence, (6) Sexual Misconduct and Exploitation, and (7) Stalking.
Effective Date and Effectiveness of Policy
This Policy shall be effective immediately upon its adoption and shall replace the prior Policy on this subject. This Policy shall take precedence over any inconsistent Policy.
This policy applies to all students, employees, faculty members, and administrators of the college, as well as contractors and vendors. Each student, employee, faculty member, administrator, contractor and vendor of the college is personally responsible for ensuring that he/she does not engage in conduct that violates this Policy. Each student, employee, faculty member, administrator, contractor and vendor is responsible for cooperating in any investigation of alleged Gender Based Prohibited Conduct if requested to do so by the person(s) conducting the investigation.
This Policy applies to any Gender Based Prohibited Conduct committed (1) on college property; (2) in connection with any college activity or program on or off college property; or (3) off college property when the conduct (a) is in connection with a college or college-recognized program or activity, or (b) may have the effect of creating a hostile environment for a member of the college community, which shall include students, employees, faculty members, and administrators of the College, visitors, and applicants for admission to or employment with the college. Further, if any student or employee engages in any conduct on or off campus that constitutes Improper Gender Based Prohibited Conduct, said student or employee shall be subject to the fullest extent of disciplinary consequences that the college has the lawful power or authority to impose.
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 email@example.com. In cases of emergency, contact the Office of Security and Safety, located in Cottage4, 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
COMPLAINTS SHOULD BE FILED USING THE APPROPRIATE ONLINE FORM:
The online complaint form can also be downloaded and emailed to the Title IX Coordinator at firstname.lastname@example.org. 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.
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 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.
Violation 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.
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:
St. Mary’s Hospital (215-710-2000)
1201 Langhorne-Newtown Road
Langhorne, PA 19047
Grandview Hospital (215-453-4000)
700 Lawn Avenue
Sellersville, PA 18960
Lower Bucks Hospital (215-785-9200)
501 Bath Road
Bristol, PA 19007
Aria Health (215-949-5180)
380 Oxford Valley Road
Langhorne, PA 19047
Newtown Campus: Student Services Center
Charles E. Rollins Center, 215-968-8182
Upper Bucks Campus: Student Services Center
Lower Bucks Campus: Student Services Center
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
Pennsylvania Human Relations Commission (“PHRC”) Philadelphia Regional Office
110 North 8th Street, Suite 501
Philadelphia, PA 19107
(215) 560-3599 TTY users only
U.S. Department of Education - Office of Civil Rights
Office for Civil Rights
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
Board of Trustees on October 9, 2014; revised August 13, 2020
Board of Trustees on October 9, 2014; revised August 13, 2020
- It is the Policy of the Bucks County Community College (“the College”) to comply with applicable federal and state law1 prohibiting sex or gender discrimination, unlawful retaliation, and sexual harassment.
- It is the Policy of the College to prohibit conduct that constitutes sexually related crimes, including but not limited to rape,2 indecent aggravated assault,3 indecent assault,4 and indecent exposure.5
- It is the policy of the College to provide:
- educational and employment environments for its students, faculty, and staff that are free from unlawful sex and gender discrimination, unlawful sexual harassment and unlawful retaliation;
- an educational and employment environment in which no member of the College community is, on the basis of sex or gender, excluded from participation in, denied the benefits of, or subjected to unlawful discrimination, unlawful harassment or unlawful retaliation in any College program or activity.
- The College does not and shall not discriminate against any employee, applicant for employment, student or applicant for admission because of sex, sexual orientation, gender identity or expression. Accordingly, all recruiting, hiring, and promoting for all job classifications and all recruiting and admissions of students will be made without regard to sex, sexual orientation, gender identity or expression.
- The College expressly prohibits Gender Based Prohibited Conduct as defined in this Policy. Gender Based Prohibited Conduct as defined in this Policy will not be tolerated. Individuals—including students, faculty, staff, contractors and vendors, who engage in such Gender Based Prohibited Conduct will be subject to disciplinary action, termination of contracts, or exclusion from the campus or College activities.
- The College shall take immediate and appropriate action once it knows of any act of Gender Based Prohibited Conduct in any of its educational programs and activities.
- The College will act on any complaint of Gender Based Prohibited Conduct in order to investigate and to resolve such complaints promptly and effectively.
- It is the policy of the College to
- provide educational, preventative and training programs regarding this policy and Gender Based Prohibited Conduct;
- to encourage reporting of violations or alleged violations of this Policy;
- to prevent incidents of Gender Based Prohibited Conduct from denying or limiting an individual’s ability to participate in or benefit from the College’s programs;
- to make available timely services for those who have been affected by Gender Based Prohibited Conduct; and
- to provide prompt and effective methods of investigation and resolution to stop Gender Based Prohibited Conduct, remedy any harm, and prevent its recurrence.
- No one may retaliate against anyone who has engaged in protected activity as defined in this Policy or applicable law.
- Nothing in this Policy shall be construed to abridge academic freedom and inquiry, principles of free speech, or the College’s educational mission. This Policy does not preclude application or enforcement of other College policies.
- If two or more interpretations can be given to any provision of this Policy, the College intends that only such an interpretation that is lawful is intended.
Sex or Gender Discrimination
Unlawful sex or gender discrimination shall be defined for purposes of this Policy in the same manner as it is defined in applicable law. By way of example, sex or gender discrimination, including sexual harassment, is conduct directed at a specific individual or a group of identifiable individuals that subjects the individual or group to treatment that adversely affects the individual or group’s employment or education on account of sex. Sex discrimination can be manifested by unequal access to educational programs and activities on the basis of sex, unequal treatment on the basis of sex in the course of conducting those programs and activities, or, the existence of a program or activity that has a disparate impact on participation, improperly based on the sex of the participants.
Sexual harassment shall be defined for purposes of this Policy in the same manner as it is defined in applicable law. By way of example, sexual harassment is unwelcome conduct of a sexual nature, including unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, graphic, or physical conduct of a sexual nature, when: (1) submission to or rejection of such conduct is made either explicitly or implicitly a condition of an individual’s employment or academic standing or is used as the basis for employment decisions or for academic evaluation, grades, or advancement (quid pro quo); or (2) such conduct is sufficiently severe, persistent, or pervasive that it interferes with or limits a person’s ability to participate in or benefit from the College’s education or work programs or activities (hostile environment).
Quid pro quo sexual harassment can occur whether a person resists and suffers the threatened harm, or the person submits and avoids the threatened harm. Both situations could constitute discrimination on the basis of sex.
A hostile environment can be created by persistent and/or pervasive conduct or by a single severe episode. The more severe the conduct, the less need there is to show a repetitive series of incidents to prove a hostile environment. Sexual violence, including rape, sexual assault, and domestic and dating violence, is a form of sexual harassment. In addition, the following conduct may violate this Policy:
- Observing, photographing, videotaping, or making other visual or auditory records of sexual activity or nudity, where there is a reasonable expectation of privacy, without the knowledge and consent of all parties
- Sharing visual or auditory records of sexual activity or nudity without the knowledge and consent of all recorded parties and recipient(s)
- Sexual advances, whether or not they involve physical touching
- Commenting about or inappropriately touching an individual's body
- Requests for sexual favors in exchange for actual or promised job benefits, such as favorable reviews, salary increases, promotions, increased benefits, or continued employment
- Lewd or sexually suggestive comments, jokes, innuendoes, or gestures
Other verbal, nonverbal, graphic, or physical conduct may create a hostile environment if the conduct is sufficiently persistent, pervasive, or severe so as to deny a person equal access to the College’s programs or activities. Whether the conduct creates a hostile environment may depend on a variety of factors, including: the degree to which the conduct affected one or more person’s education or employment; the type, frequency, and duration of the conduct; the relationship between the parties; the number of people involved; and the context in which the conduct occurred.
Sexual violence is a physical sexual act conducted either against a person’s will or where a person is incapable of giving consent, including but not limited to, rape, sexual assault, sexual battery, and sexual coercion.
Sexual Misconduct is a broad term encompassing any sexual behaviour that violates any criminal statute, College policies and/or the Student Code of Conduct and includes any conduct that is sexually exploitive or degrading, retaliatory and/or abusive with the intent or result of compromising the wellbeing of another person.
- Creating a picture(s), movie(s), webcam, tape recording(s), graphic written narrative(s), or other means of memorializing sexual behavior or a state of undress of another person without the other’s knowledge and consent;
- Sharing items described in the paragraph above beyond the boundaries of consent where consent was given. For example, showing a picture to friends where consent to view it was given for oneself only;
- Observing or facilitating observation by others of sexual behavior or a state of undress of another person without the knowledge and consent of that person;
- “Peeping Tom” or voyeuristic behaviors;
- Engaging in sexual behavior with knowledge of an illness or disease (HIV or STD) that could be transmitted by the behavior without full and appropriate disclosure to the partner(s) of all health and safety concerns;
- Engaging in or attempting to engage others in “escort services” or “dating services” which include or encourage in any way sexual behavior in exchange for money;
- Intentionally, knowingly, or surreptitiously providing drugs or alcohol to a person for the purpose of sexual exploitation; or
- Exposing another person to pornographic material without the person’s advance knowledge or consent.
Stalking is a pattern of repeated and unwanted attention, harassment, contact, or any other course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety, or the safety of others, or suffer substantial emotional distress. This includes cyber-stalking, a particular form of stalking in which electronic media such as the internet, social networks, blogs, cell phones, texts, or other similar devices or forms of contact are used to pursue, harass, or make unwelcome contact with another person.
Sexually related conduct is unwelcome if a person (1) did not request or invite it and (2) regarded the unrequested or uninvited conduct as undesirable or offensive. That a person welcomes some sexualcontact does not necessarily mean that person welcomes other sexual contact. Similarly, that a person willingly participates in conduct on one occasion does not necessarily mean that the same conduct is welcome on a subsequent occasion. Whether conduct is unwelcome is determined based on the totality of the circumstances, including various objective and subjective factors. The following types of information may be helpful in making that determination: statements by any witnesses to the alleged incident; information about the relative credibility of the parties and witnesses; the detail and consistency of each person’s account; the absence of corroborating information where it should logically exist; information that the Respondent has been found to have harassed others; information that the Complainant has been found to have made false allegations against others; information about the Complainant’s reaction or behavior after the alleged incident; and information about any actions the parties took immediately following the incident, including reporting the matter to others.
In addition, when a person is so impaired or incapacitated as to be incapable of requesting or inviting the conduct, conduct of a sexual nature is deemed unwelcome, provided that the Respondent knew or reasonably should have known of the person’s impairment or incapacity. The person may be impaired or incapacitated as a result of drugs or alcohol or for some other reason, such as sleep or unconsciousness. A Respondent’s impairment at the time of the incident as a result of drugs or alcohol does not, however, diminish the Respondent’s responsibility for sexual or gender-based harassment under this Policy.
Gender-based harassment is verbal, nonverbal, graphic, or physical aggression, intimidation, or hostile conduct based on sex, sex-stereotyping, sexual orientation or gender identity, but not involving conduct of a sexual nature, when such conduct is sufficiently severe, persistent, or pervasive that it interferes with or limits a person’s ability to participate in or benefit from the College’s education or work programs or activities. For example, persistent disparagement of a person based on a perceived lack of stereotypical masculinity or femininity or exclusion from an activity based on sexual orientation or gender identity also may violate this Policy.
The following acts are protected under this Policy: (1) those acts that are protected under any applicable law; (2) making a complaint under this Policy or under law to any governmental entity or court alleging a violation of this Policy or applicable law; or (3) participating in an investigation, hearing or inquiry under applicable law or this Policy.
Unlawful retaliation is defined as attempts or acts to seek retribution including, but not limited to, any form of intimidation, reprisal, harassment, or intent to prevent participation in College proceedings under this Policy. Unlawful retaliation may include continued abuse or violence, other harassment, and slander and libel. Retaliation may be committed by any individual or group of individuals, not just a Respondent or Complainant, and may be committed against the Complainant, Respondent, or any individual or group of individuals involved in the investigation and/or resolution of an allegation of sexual assault, sexual harassment, or other sexual misconduct.
Intimate Partner Violence
Intimate partner violence is also sometimes known as dating violence, domestic violence, or relationship violence. The College recognizes that sexual assault, sexual exploitation, sexual harassment, stalking, and retaliation may all be forms of intimate partner violence when committed by a person who is or has been in a social relationship of a romantic or intimate nature with the Complainant. In general, intimate partner violence includes physically, sexually, and/or psychologically abusive behavior that arises in the form of a direct violent act, or indirectly as acts that expressly or implicitly threaten violence. Intimate partner violence also occurs when one partner attempts to maintain power and control over the other through one or more forms of abuse, including sexual, physical, verbal, or emotional abuse.
Consent is an explicitly communicated, reversible mutual agreement in which all parties are capable of making a decision. Consent is informed, voluntary, and actively given. Consent exists when all parties exchange mutually understandable affirmative words or behavior indicating their agreement to participate voluntarily in sexual activity. The following is intended to further clarify the meaning of consent:
- Each participant in a sexual encounter must obtain consent for all sexual activities. Consent to one form of sexual activity does not constitute consent to engage in all forms of sexual activity.
- Consent consists of an outward demonstration indicating that an individual has freely chosen to engage in sexual activity. Relying on non-verbal communication can lead to misunderstandings. Consent may not be inferred from silence, passivity, lack of resistance or lack of an active response alone. A person who does not physically resist or verbally refuse sexual activity is not necessarily giving consent.
- If at any time it is reasonably apparent that either party is hesitant, confused, or unsure, both parties should stop and obtain mutual verbal consent before continuing such activity.
- Consent may be withdrawn by either party at any time. Withdrawal of consent must also be outwardly demonstrated by words or actions that clearly indicate a desire to end sexual activity. Once withdrawal of consent has been expressed, sexual activity must cease.
- An individual who is physically incapacitated from alcohol or other drug consumption (voluntarily or involuntarily), or is unconscious, unaware, or otherwise physically impaired is considered unable to give consent. For example, one who is asleep or passed out cannot give consent. Individuals with a previous or current intimate relationship do not automatically give either initial or continued consent to sexual activity. Even in the context of a relationship, there must be mutually understandable communication that clearly indicates a willingness to engage in sexual activity.
Consent is not effective if it results from the use or threat of physical force, intimidation, or coercion, or any other factor that would compromise an individual’s ability to exercise his or her own free will to choose whether or not to have sexual contact. In addition, a person is incapable of giving consent if he/she is incapacitated.
Coercion includes the use of pressure and/or oppressive behavior, including express or implied threats of harm or severe and/or pervasive emotional intimidation, which (a) places an individual in fear of immediate or future harm or physical injury or (b) causes a person to engage in unwelcome sexual activity. A person’s words or conduct amount to coercion if they wrongfully impair the other’s freedom of will and ability to choose whether or not to engage in sexual activity. Coercion also includes administering a drug, intoxicant, or similar substance that impairs the person’s ability to give consent.
Incapacitation is the inability, temporarily or permanently, to give consent, because the individual is mentally and/or physically impaired due to alcohol or other drug consumption, either voluntarily or involuntarily, or the individual is unconscious, asleep, or otherwise unaware that the sexual activity is occurring. In addition, an individual is incapacitated if he or she demonstrates that they are unaware of where they are, how they got there, or why or how they became engaged in a sexual interaction. Where alcohol is involved, incapacitation is a state beyond drunkenness or intoxication. Some indicators of incapacitation may include, but are not limited to, lack of control over physical movements, being unaware of circumstances or surroundings, or being unable to communicate for any reason.
Gender Based Prohibited Conduct
Gender Based Prohibited Conduct means any one or more of the following types of conduct: (1) Unlawful Sex or Gender Discrimination; (2) unlawful sexual harassment; (3) sexual related crimes; (4) sexual misconduct as defined in this Policy; (5) sexual exploitation as defined in this Policy; (6) stalking as defined in this Policy; (7) unwelcome conduct as defined in this Policy; (8) gender based harassment; (9) intimate partner violence as defined in this Policy; (10) coercion; and (11) unlawful retaliation.
1See e.g., Title IX of the Education Amendments of 1972 (“Title IX”), 20 U.S.C. Sec. 1681, et. seq.; Title VII of the Civil Rights Act of 1964 (“Title VII”) 42 U.S.C. Sec 2000e et seq.; Pennsylvania Human Relations Act (“PHRA”) 43 P.S. §§ 951-963; The Equal Pay Act of 1963, 29 U.S.C. 206(d).
2See, 18 Pa.C.S.A. §3121.
3See, 18 Pa.C.S.A. §3125.
4See, 18 Pa.C.S.A. §3126.
5See, 18 Pa.C.S.A. §3127.