Title IX FAQ's

All educational programs or activities receiving federal financial assistance must comply with the federal Title IX regulations. The regulations include mandates such as requiring these schools to adopt and publish grievance procedures for filing complaints of sex discrimination, including complaints of sexual harassment or sexual violence. To maintain an equitable process for all involved that includes due process rights. And how the schools must respond to reports of sexual misconduct defined by the regulations. The ESU Sexual Misconduct Policy not only complies with the Title IX regulations, but it also expands on them to provide further protections for the campus community and adhere to Pennsylvania state law.

Making a report is different from filing a formal complaint.

Report - A notification of an incident of sex-based discrimination or sexual misconduct to the Title IX Coordinator or designee by any person. A report may be accompanied by:

• A request for supportive measures
• A request for the Title IX Office to take no further action
• Filing a formal complaint, which initiates the University’s sexual misconduct resolution process.

Note: When the Title IX Office receives a report, the Title IX Coordinator contacts the affected party, offers supportive measures, explains the process, discusses their rights and options, and answers any questions they may have. The affected party decides if and how they would like to proceed.

Formal Complaint - A document, including an electronic submission, filed by a complainant with a signature or other indication that the complainant is the person filing the formal complaint. The sexual misconduct resolution process is initiated when a complainant delivers a written, signed formal complaint describing the facts of the specific ESU Sexual Misconduct (Title IX) Policy violation another person is alleged to have committed. The complainant then decides whether to request the formal (investigation & hearing) or informal (mediation or restorative justice) process.

No, there is no time limit for reporting allegations of sexual misconduct, however, the University strongly encourages the prompt reporting of sexual misconduct to allow the University to respond quickly and effectively.

Yes, a third party may file a report. The Title IX Coordinator will then reach out to the affected party (the person subjected to the misconduct) to offer the option to discuss supportive measures, rights under the policy, explain the sexual misconduct resolution process, and answer any questions they have.

Yes, you may also seek to initiate a criminal complaint, independent of or parallel with any report made to the University. The University process is meant to be educational in nature. It is an administrative process based on policy and procedure. The criminal justice process has different procedures, standards, requirements, and different potential outcomes. Contact information for the police:

East Stroudsburg University Campus Police
Hemlock Suites, Smith Street, Ground Floor
(570) 422-3064 or 911

Pennsylvania State Police
2730 Rimrock Drive Stroudsburg, PA 18360
(570) 619-6800

Yes, the Title IX Office accepts anonymous reports. However, the University’s ability to address misconduct reported anonymously is significantly limited. To report an incident of sexual misconduct anonymously, follow this link: Report a complaint online and select the "Remain Anonymous" checkbox. Remember, however, that if you make an anonymous report, it may limit the actions the University can take without all the information available.

When a report involves suspected abuse of a child (an individual under the age of 18 at the time of the incident as reported), all University Employees, Officials, and Volunteers are required to notify the University Police and the ChildLine run by the Pennsylvania Department of Human Services (800) 932-0313.

The University is committed to protecting the privacy of all individuals involved in a report of sexual misconduct. Every effort will be made to protect the privacy interests of all individuals involved. Privacy, confidentiality, and privilege have distinct meanings under the ESU Sexual Misconduct Policy.

Privacy - Generally, means that information related to a report of sexual misconduct will only be shared with a limited circle of individuals, including individuals who “need to know” in order to assist in the review, investigation, or resolution of the report or to deliver resources or support services. While not bound by confidentiality or privilege, these individuals will be discreet and respect the privacy of all individuals involved in the process. All participants in an investigation of sexual misconduct under this Policy, including Advisors and Witnesses, will be informed that privacy helps enhance the integrity of the investigation and protect the privacy interests of the parties, however, nothing in this Policy is intended to impose restraints on a party’s ability to discuss the allegations under investigation or to gather and present evidence as part of the resolution process.

Confidentiality - Certain individuals are designated as having confidentiality. For reports made to employees designated with having confidentiality, the University will respect the reporting party’s expectations of privacy to the extent permissible by law while still ensuring compliance with other reporting obligations such as mandatory reporting obligations concerning abuse, including sexual misconduct, involving minors. See Mandated Reporting Obligations of University Officials, Volunteers and Employees under the University Reporting Obligations Section for more information.

Individuals designated as having confidentiality are required to report the nature, date, time and general location of an incident to the Title IX coordinator. Individuals designated as having confidentiality will not share other information with the Title IX Coordinator or any other employee of the University without the express permission of the disclosing party. Individuals designated as having confidentiality can provide information about the University and off-campus resources, support services and other options. As noted above, because of the confidential nature of these resources, disclosing information to or seeking advice from a confidential resource does not constitute a report or Formal Complaint to the University and will not result in a response or intervention by the University. A person consulting with a confidential resource may decide to make a report to the University and/or law enforcement.

Confidential resources on the East Stroudsburg University campus are The Department of Counseling and Psychological Services (CAPS) and The Student Health Services at Lehigh Valley Health Network – Pocono.

Consent - A knowing and voluntary agreement to engage in specific sexual activity at the time of the activity communicated through clear actions and/or words that are mutually understood. In order to be valid, Consent must be active, present and ongoing.

• Consent is not present when it is the result of coercion, intimidation, force, or threat of harm.
• Consent is not present when an individual is incapacitated due to alcohol, drugs, or sleep, or otherwise without capacity to provide Consent due to intellectual or other disability or other condition. Consent can be withdrawn at any time and consent to one form of sexual activity is not necessarily consent to other forms of sexual activity.
• When alcohol is involved, incapacitation is a state beyond drunkenness or intoxication. When drug use is involved, incapacitation is a state beyond being under the influence of or impaired by the use of the drug. Alcohol and other drugs impact each individual differently.
• Determining whether an individual is incapacitated requires an individualized determination. When determining whether a person has the capacity to provide Consent, the University will consider whether a sober, reasonable person in the same position knew or should have known that the other party could or could not consent to the sexual activity.
• When determining whether Consent has been provided, all the circumstances of the relationship between the parties will be considered.

The health and safety of every student at the University is of utmost importance. The University recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time sexual misconduct occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct.

The University strongly encourages students to report incidents of sexual misconduct. A witness to or individual who experiences sexual misconduct, acting in good faith, who discloses any incident of sexual misconduct to University officials or law enforcement will not be sanctioned under the University’s Code of Conduct for violations of alcohol and/or drug use policies occurring at or near the time of the incident(s) of sexual misconduct. The University may require the individual attend an approved alcohol or drug education program and without assessing any charges for such program. This amnesty does not preclude or prevent action by police or other legal authorities pursuant to relevant state or federal criminal statutes.

Supportive measures are non-disciplinary and non-punitive individualized services designed to restore or preserve access to the University’s education programs or activities without unduly burdening the other party. Supportive measures will be offered, as appropriate, to the complainant or the respondent, regardless of whether a formal complaint is filed.

Supportive measures may include, but are not limited to, counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, restrictions on contact between the parties (no contact orders), changes in work or housing locations, leaves of absence, and increased security and monitoring of certain areas of the campus.

No, you do not need to file a formal complaint to receive supportive measures. Supportive measures are offered to any party (including respondents), even if they only wish to file a report and not proceed any further in the Title IX process.

If you file a formal complaint alleging that another party violated the East Stroudsburg University Sexual Misconduct (Title IX) policy, you are referred to as the “complainant” during the complaint resolution process. Your rights as a complainant under the policy are as follows:

1. You have the right to an advisor. An advisor is an individual who may be present to provide support to you throughout an investigation and/or hearing. Advisors may accompany you to any meeting or hearing but may not speak for you, except for the purposes of cross-examination.
2. You have the right to report sexual misconduct to law enforcement, separate and apart from any report or formal complaint made to the University.
3. You have the right to be treated with fairness and respect throughout the process.
4. You have the right to request to withdraw your formal complaint, or any allegations within the complaint, at any time during the investigation.
5. You have the right to request supportive measures from the University, which may include mutual no contact orders, counseling services, academic considerations, security escorts, etc.
6. You have the right to decline to participate in an investigation or hearing without adverse inference against you.
7. You have the right to inspect, review, and respond to evidence obtained as part of the investigation and to view the final investigative report.
8. You have the right to accept or decline an offer by the other party to pursue informal resolution.
9. You have the right to a hearing and for your advisor to cross-examine parties and witnesses.
10. You have the right to appeal (on certain grounds) a determination of responsibility resulting from the hearing.
11. You have the right to be protected from retaliation for reporting your experience or participating in the University process.
12. You have the right to have the University keep your name and other information related to your complaint as confidential as possible. Information related to your complaint will be distributed on a need-to-know basis only. Need-to-know is typically defined by that level of information that is necessary to coordinate the provision of requested supportive measures, to protect the safety of individuals or campus community members, or to administer the complaint resolution process.

If you are alleged in a formal complaint to have violated the East Stroudsburg University Sexual Misconduct (Title IX) policy, you are referred to as the “respondent” during the complaint resolution process. As a respondent, you are presumed not responsible for the alleged conduct. Any determination regarding responsibility is made at the conclusion of the investigation and hearing. Your rights as a respondent under the policy are as follows:

1. You have the right to an advisor. An advisor is an individual who may be present to provide support to you throughout an investigation and/or hearing. Advisors may accompany you to any meeting or hearing but may not speak for you, except for the purposes of cross-examination.
2. You have the right to view and respond to the allegations made against you.
3. You have the right to be treated with fairness and respect throughout the process.
4. You have the right to request supportive measures from the University, which may include mutual no contact orders, counseling services, academic considerations, security escorts, etc.
5. You have the right to decline to participate in an investigation or hearing without adverse inference against you.
6. You have the right to inspect, review, and respond to evidence obtained as part of the investigation and to view the final investigative report.
7. You have the right to accept or decline an offer by the other party to pursue informal resolution.
8. You have the right to a hearing and for your advisor to cross-examine parties and witnesses.
9. You have the right to appeal (on certain grounds) a determination of responsibility resulting from the hearing.
10. You have the right to be protected from retaliation for reporting your experience or participating in the University process.
11. You have the right to have the University keep your name and other information related to you as confidential as possible. Information related to the complaint resolution process will be distributed on a need-to-know basis only. Need-to-know is typically defined by that level of information that is necessary to coordinate the provision of requested supportive measures, to protect the safety of individuals or campus community members, or to administer the complaint resolution process.

No. The formal resolution process (investigation and hearing) starts when an affected party (the person subjected to the misconduct) files a formal complaint and requests an investigation and hearing. It is important to note that the affected party can also file a formal complaint and request the informal resolution process (mediation or restorative justice) instead of the formal process. After an affected party files a formal complaint, they are referred to as the “complainant.” Also note that if the allegations contained in the formal complaint do not fall under the Title IX Office’s jurisdiction, then the complaint must be dismissed. If it is dismissed, the Title IX Office will assist the complainant by identifying the office or agency best suited to support them and/or address the allegations.

The Title IX Office respects an affected party’s autonomy to the greatest degree possible as directed by the Department of Education. That means that if an affected party does not wish to file a formal complaint and start the investigation process, the Title Office will not investigate unless the Title IX Coordinator has determined that the investigation is necessary and not unreasonable under the circumstances such as when there is a clear threat to the greater campus community.

Title IX Office investigators designated by the Title IX Coordinator perform investigations of alleged violations of the policy under a reasonably prompt timeframe. The Title IX Coordinator may also serve as an investigator. The Title IX Coordinator and investigators are trained on a yearly and ongoing basis to conduct Title IX investigations.

The investigation process is explained in detail in the ESU Sexual Misconduct (Title IX) Policy. To summarize here, the investigators conduct investigative interviews with both parties and witnesses and collect evidence. They share all relevant evidence and interview summaries with both parties during the investigation via investigative reports. The parties may respond to the reports if they wish, and the investigators will consider the responses when compiling the final investigative report. Prior to the hearing, the investigators deliver the final investigative report to both parties and the Decision Makers who comprise the hearing board.

The hearing process is explained in detail in the ESU Sexual Misconduct (Title IX) Policy. To summarize, the parties are given the opportunity to provide opening statements if they wish. Then, the Decision Makers ask questions of the parties and witnesses. The parties' advisors are given the opportunity to cross-examine the other party and the witnesses. When determining responsibility, the Decision Makers consider the questioning, cross-examination, investigative report, and all relevant evidence. The Decision Makers use the preponderance of the evidence standard. Meaning they attempt to determine whether it is more likely than not that a violation of policy occurred.

The University cannot compel participation and does not have subpoena power. Therefore, any party or witness may decide not to share their account of what occurred or may decide not to participate in an investigation or hearing. This does not shift the burden of proof away from the University and does not indicate responsibility for any alleged misconduct.

If there are no extenuating circumstances, the determination regarding responsibility is issued by the University within 10 days of the completion of the hearing. If the respondent is found responsible for the alleged misconduct, sanctions are applied. There is an appeal process defined in the ESU Sexual Misconduct (Title IX) Policy that allows either party to appeal the decision based on certain grounds. The determination regarding responsibility becomes final either upon the outcome of any appeal or the expiration of the window to appeal without an appeal being requested.