Title IX

Purpose of the CCBC Title IX Background, Policy, and Procedures

Community College of Beaver County (the College) is proactive in its efforts to address and prevent instances of sexual discrimination, including pregnancy discrimination, sex-based harassment, and sexual violence. Below, students, employees, and third parties will find information about Title IX and the College’s policies and procedures regarding sexual misconduct, as well as additional related information.

CCBC Sexual Violence, Harassment, and Discrimination Policy Summary

CCBC is committed to providing a safe and healthy educational and work environment that is free from all forms of discrimination and conduct that can be considered harassing, coercive, or disruptive, including sex-based harassment, which would deprive any member of the College community of participation in College programs and/or activities.

This Policy is designed to ensure a safe and non-discriminatory educational and work environment and to meet legal requirements, including: Title IX of the Education Amendments of 1972 (as amended), which prohibits discrimination on the basis of sex in the College’s programs or activities; relevant sections of the Violence Against Women Reauthorization Act; Title VII of the Civil Rights Act of 1964, which prohibits discrimination on the basis of sex in employment; and Pennsylvania laws that prohibit discrimination on the basis of sex, sexual orientation, and gender identity.

This policy applies to all individuals (employees, students, and visitors) while on or off College premises, including out of the United States, and/or at a College-sponsored or non-College sponsored event and/or activity.

Actions, words, jokes, or comments based on an individual’s sex, race, color, national origin, age, religion, disability, sexual orientation, gender-identity, or any other legally protected characteristic will not be tolerated.

The CCBC campus community is committed to preventing sexual violence, in all its forms, and all members have a valuable role to play. With our commitment to a primary prevention approach to curtail sexual violence, the College intends to help create environments that promote respect, equality, civility, and healthy relationships.

Education and Training 

The College is committed to ensuring both preventive and responsive training and relevant educational opportunities for all members of the campus community in the area of sexual misconduct. The College provides online training for all current and new employees in the areas of: Unlawful Harassment Prevention for Faculty, Staff, and Supervisors, Preventing Discrimination and Sexual Violence, Title IX, VAWA and Clery Act, Americans with Disabilities Act and ADA Amendments Act for Higher Education, FERPA.

All College students are provided mandatory online training for unlawful harassment, including sex-based harassment, sexual violence, Title IX, VAWA, and the Clery Act.

In the area of responsive education and training, the College is committed to ensuring that all College personnel designated as investigators, counselors, and adjudicators in the area of sexual misconduct will receive specialized and regular training and will be cognizant of the special needs of complainants in the area of sexual misconduct, while also ensuring the rights of respondents.

The College has a dedicated webpage on its website to address concerns related to sexual misconduct and will contain relevant information regarding the College’s policies, procedures, information updates, and ongoing training opportunities for the campus community with respect to information on the various areas of sexual misconduct, opportunities for community assistance, and the resources available in the event of sexual misconduct.

 

Title IX Background

In an effort to promote an environment free from sex-based harassment, sexual misconduct, and sexual violence, the College complies with Title IX of the Education Amendments of 1972, which prohibits discrimination (including sex-based harassment, sexual misconduct, and sexual violence) in any program or activity based on sex or gender. Title IX also prohibits retaliation for asserting such claims of discrimination. The College is committed to providing an environment free from sex and gender-based discrimination or harassment. sex-based harassment is a serious matter. A charge of sex-based harassment is not to be taken lightly by a complainant, respondent, or any other member of the College community. After a complaint is filed, and due process provided, any individuals proven to be violators of this policy will be subject to disciplinary actions, including but not limited to, reprimand, suspension, termination of employment, or expulsion from the College.

Sex Discrimination-Related Definitions:

Coercion is the improper use of pressure to compel another individual to initiate or continue sexual activity against the individual’s will. Coercion can include a wide range of behaviors, including intimidation, manipulation, threats, and blackmail. A person’s words or conduct are sufficient to constitute coercion if they wrongfully impair another individual’s freedom of will and ability to choose whether or not to engage in sexual activity. Examples of coercion include threatening to disclose another individual’s private sexual information (sexual orientation, gender identity, or gender expression) and threatening to harm oneself if the other party does not engage in the sexual activity.

A complainant is defined as an individual who reports being the victim of sexual misconduct.

Confidentiality means that information will not be shared by professionals without the express consent of an individual. The only professionals who can offer confidentiality related to Title IX are mental health providers, ordained clergy, rape crisis counselors, and attorneys, all of whom have legally protected confidentiality. These individuals are prohibited from breaking confidentiality unless there is an imminent threat of harm to self or others or a suspicion of child abuse.

Dating Violence is violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.

(i) The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

(ii) For the purpose of this definition:

(A) Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.

(B) Dating violence does not include acts covered under the definition of domestic violence.

(iii) For the purposes of complying with the requirements of this section and § 668.41, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.

Domestic Violence:

(i) A felony or misdemeanor crime of violence committed – 

(A) By a current or former spouse or intimate partner of the victim;

(B) By a person with whom the victim shares a child in common;

(C) By a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;

(D) By a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred, or

(E) By any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.

(ii) To comply with the requirements of this section and § 668.41, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.

Effective Consent is defined as willingly, freely, and knowledgably agreeing to engage in sexual conduct. Consensual sexual conduct is a mutual decision reached by all parties involved without any indication of force, threat, coercion, manipulation, intimidation, or reasonable fear of injury. Consent cannot be given if an individual is mentally or physically incapacitated (e.g., due to excessive use of alcohol

or drugs or a mental or physical condition). Silence, passivity, lack of active resistance, or lack of active response do not indicate consent. In addition, previous participation in sexual activity does not indicate current consent. Consent to one form of sexual activity does not imply consent to other forms of sexual activity.

Fondling is the touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.

Fondling is the touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.

Force is the use or threat of physical violence or intimidation to overcome an individual’s freedom of will to choose whether or not to participate in sexual activity. Force may also include moral, intellectual, psychological, or emotional force. For the use of force to be demonstrated, there is no requirement that a Complainant resists the sexual advance or request. However, resistance by the Complainant will be viewed as a clear demonstration of non-consent.

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.

Incapacitation is a state where an individual cannot make an informed and rational decision to engage in sexual activity because the individual lacks conscious knowledge of the nature of the act (e.g., to understand the who, what, when, where, why or how of the sexual interaction) and/or is physically helpless. An individual is incapacitated, and therefore unable to give consent if s/he is asleep, unconscious, or otherwise unaware that sexual activity is occurring.

Incapacitation is a state where an individual cannot make an informed and rational decision to engage in sexual activity because the individual lacks conscious knowledge of the nature of the act (e.g., to understand the who, what, when, where, why, or how of the sexual interaction) and/or is physically helpless. An individual is incapacitated, and therefore unable to give consent, if s/he is asleep, unconscious, or otherwise unaware that sexual activity is occurring.

Incapacitation may result from the use of alcohol and/or drugs. Consumption of alcohol or other drugs alone is insufficient to establish incapacitation as it is a state beyond drunkenness or intoxication. The impact of alcohol and drugs varies from person to person; however, warning signs that a person may be approaching incapacitation may include but not be limited to slurred speech, unsteady step or movement, odor of alcohol, vomiting, combativeness, or emotional instability.

Evaluating incapacitation also requires an assessment of whether a Respondent knew or should have known that the Complainant was incapacitated based on objectively and reasonably apparent indications of impairment when viewed from the perspective of a sober, reasonable person in the Respondent’s position.

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

Intimate Partner Violence is not defined for the purposes of this policy as a distinct form of sexual misconduct. Rather, intimate partner violence shall include any act or threatened act of violence against a person who is or has been involved in, a sexual, dating, domestic, or other intimate relationship with the Respondent. This may encompass behavior including, but not limited to, physical, sexual, and emotional violence. It may involve one act or an ongoing pattern of behavior. This may take the form of threats, assault, property damage, violence, or threat of violence to one’s self, one’s sexual or romantic partner, or to the family members or friends of the sexual or romantic partner. Intimate partner violence affects individuals of all genders, gender identities, gender expressions, and sexual orientations and does not discriminate by racial, social, or economic background. The College will not tolerate intimate partner violence of any form. The College recognizes that sex-based harassment, sexual assault, sexual exploitation, harm to others, stalking, and retaliation all may be forms of intimate partner violence when committed by a person who is or has been involved in a sexual, dating, or other social relationship of a romantic or intimate nature with the Complainant. Under The Clery Act, the College will record and report all relevant incidents of intimate partner violence.

Intimidation is to unlawfully place another person in reasonable fear of bodily harm using threatening words and/or other conduct, but without displaying a weapon or subjecting the victim to an actual physical attack.

Non-consensual Sexual Contact is any intentional sexual touching, however slight, with any object, by one person upon another person that is without consent and/or by force.

Non-consensual Sexual Intercourse is any sexual intercourse, however slight, with any object, by one person upon another person that is without consent and/or by force.

Privacy generally means that information related to a report of misconduct will only be shared with a limited circle of individuals on a “need-to-know” basis for legitimate complaint investigation and processing purposes.

Rape is the 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.

Respondent is defined as an individual alleged to have committed sexual misconduct.

Retaliation is intimidating, threatening, coercing, or in any way discrimination against an individual because of the individual’s informal or formal report or participation in a College investigation or proceeding related to Title IX.

Sexual Assault is an offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI’s Uniform Crime Reporting program.

Sexual Contact is intentional contact with the breasts, buttocks, groin, or genitals, or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts, or any other intentional bodily contact of a sexual manner.

Sexual Exploitation occurs when a person takes non-consensual or abusive sexual advantage of another for his/her own benefit, or to benefit anyone other than the one being exploited. Some examples of sexual exploitation include, but are not limited to (1) Invasion of sexual privacy; (2) Prostituting another person; (3) Non-consensual recording or broadcasting of sexual activity; (4) Engaging in voyeurism; (5) Knowingly exposing someone to an STD or HIV; (6) Exposing one’s genitals in non-consensual circumstances; (7) Sexually-based stalking, bullying and cyber-bullying.

Sex-Based Harassment under Title IX must:

• Be determined by a reasonable person to be so “severe, pervasive, and objectively offensive” that it effectively denies a person equal access to the institution’s program or activity.
• Conduct does not have to occur within the context of an “education program or activity.” This definition may extend to certain off-campus locations, such as university-recognized fraternity and sorority houses and university-sponsored academic conferences.
• Sex-Based Harassment Actions are any unwelcome sexual advance, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: (1) Submission to such conduct is an explicit or implicit condition of employment or academic success; (2) Submission to or rejection of such conduct is used as the basis for an employment or academic decision; or (3) Such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance, or creating an intimidating, hostile or offensive work or academic environment.

Examples of what constitutes sex-based harassment include, but are not limited to, the following:

• General sexist remarks/ jokes or behavior;
• Continued or repeated verbal abuse of a sexual nature;
• Repeated and offensive uninvited sexual flirtation, advances, propositions, or requests for dates;
• Graphic verbal commentaries about an individual’s body;
• Sexually degrading words used to describe an individual;
• Solicitation of sexual activity or other sex-linked behavior by promise of reward;
• Coercion of sexual activity by threat or punishment;
• Non-consensual sexual intercourse or assault, or physical touching of a sexual nature; and
• Display in the workplace or academic environment sexually suggestive objects or pictures.
• Hostile environment harassment
• Inequitable treatment based on pregnancy

Sexual Intercourse is vaginal or anal penetration by a penis, object, tongue, or finger, and oral copulation (mouth-to-genital contact or genital-to-mouth contact), no matter how slight the penetration or contact is.

Sex Offenses are any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.

Stalking

(i) Engaging in a course of conduct directed at a specific person that would cause a reasonable person to –

(A) Fear for the person’s safety or the safety of others; or

(B) Suffer substantial emotional distress.

(ii) For the purpose of this definition –

(A) Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.

(B) A reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.

(C)  Substantial emotional distress means significant mental suffering or anguish that may but does not necessarily, require medical or other professional treatment or counseling.

(iii) To comply with the requirements of this section and section 668.41, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting. 

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

Alcohol and Other Drugs:

In general, sexual contact while under the influence of alcohol or other drugs poses a risk to all parties. Alcohol and drugs impair a person’s decision-making capacity, awareness of the consequences, and ability to make informed judgments. It is especially important, therefore, that anyone engaging in sexual activity be aware of the other person’s level of intoxication. If there is any doubt as to the level or extent of the other individual’s intoxication or impairment, the prudent course of action is to forgo or cease any sexual contact or activity.

Being intoxicated or impaired by drugs or alcohol is never an excuse for sex-based harassment, sexual violence, stalking, or intimate partner violence, and does not diminish one’s responsibility to obtain consent.

Procedures and Responsibilities:

Students, employees, or third parties who have an inquiry or complaint of sex-based harassment, sexual misconduct, stalking, dating violence, domestic violence, retaliation, or any form of discrimination should contact the Title IX Coordinator, Vice President for Human Resources, or a Title IX Deputy Coordinator listed in the contact information below:

Complaints must:

• Be in writing to the Title IX Coordinator or a Deputy Title IX Coordinator;
• Include a description of the alleged incident.

While there is no time limit for reporting, complaints should be brought forward as soon as possible; all incidents should be reported even if significant time has elapsed but prompt reporting will better enable the College to respond, investigate, and provide an appropriate remedy if warranted.

A Title IX investigation will be conducted by the Title IX Coordinator, Deputy Coordinator(s), or College Title IX Investigators, as appropriate.

There will be at least two (2) trained investigators for any formal complaint filed.  Any respondent will be provided written notice of the complaint before any initial interview takes place. 

All respondents are presumed innocent until proven responsible.  The respondent will be provided such written notice, no less than two days before the initial interview.  All relevant information will be provided in the initial notice to the respondent.  The notice will include, but is not limited to: identities of the parties involved, the conduct allegedly constituting sex-based harassment, and the date of the alleged incident.  In addition, the respondent may have an advisor, which may be legal counsel and may inspect and review evidence.

The respondent shall continue to receive updated information, in writing, throughout the Title IX process.

Evidence gathering is permitted by both the complainant and the respondent.  Evidence gathering permits either party to discuss the allegations under investigation and to present relevant evidence.

Evidentiary Standard

Both parties will be given an equal opportunity to inspect evidence directly related to the allegations at least 10 days before the completion of the investigative report and at any hearing.

Evidence will include any inculpatory and exculpatory evidence, whether obtained from an involved party or another source.

Following the investigation, a written determination as to the validity of the complaint and a description of the next steps, if any, will be issued to the complainant and respondent within five working days.

Individuals who are considering making a disclosure or filing a complaint to the College should make sure they have informed expectations concerning privacy and confidentiality. The College is committed to providing all possible assistance in understanding these issues and helping individuals to make informed decisions. Inquiries will be kept confidential, only when in compliance with the law. 

Complaints filed with the College will be treated with privacy; however, they are not able to be confidential. An individual who seeks completely confidential assistance may do so by speaking with professionals who have legally protected confidentiality. Employees may access confidential assistance through the Employee Assistance Program. Information shared with these resources will remain confidential and will not be shared with the College or anyone else without the express permission of the individual seeking services unless maintaining such confidentiality would result in harm to self or others. When a report involves suspected abuse of a minor under the age of 18, these confidential resources are required by Pennsylvania law to notify child protective services and/or local law enforcement. They are also required to notify the Title IX Coordinator that such a report has been made.

Sexual Assaults should be reported immediately by calling the emergency telephone number 724-480-3555 or visiting the Campus Security Office in the Student Services Center on the Main Campus. (1) The Security Officer will meet with the complainant in a private setting. (2) A statement will be taken regarding what occurred. (3) The complainant will be asked to identify his or her assailant(s) or describe them if they are not known. (4) Questions may be asked about the scene of the crime, potential witnesses, as well as what happened before and after the incident. These inquiries are a standard part of an investigation. If desired, the complainant may have a support person with him or her during the interview.

In cases involving felonies or violent crimes (which encompasses most types of sexual assault), the College is obligated to notify the local police that a crime has been reported. Victims are encouraged to cooperate with law enforcement in such cases. Depending on the complainant’s preference, it may be possible for him or her to make a statement to College Security and the local police at the same time. However, reporting an incident is a separate step from choosing to prosecute. When a complainant files a report, he or she is not obligated to continue with legal proceedings or college disciplinary action. As an alleged victim, he or she controls whether or not the case is adjudicated through the college system, the criminal justice system, or both.

Due to the violent and extremely serious nature of sexual assault, the College strongly encourages individuals who have been sexually assaulted to contact the police.

Reporting the assault to the police soon after the incident occurs may greatly increase the possibility of successful prosecution, should the victim decide to pursue criminal charges. It is extremely important to preserve all evidence of a sexual assault if criminal prosecution is to be considered. Describing an assault is difficult but it is not something a victim must go through alone. Sexual assault victims may choose to have a support person with them during investigative interviews.

Campus Security will supply the investigating police agency with a written copy of its report. If the victim is considering filing a criminal complaint, a police officer will be a part of the interview process. This does not mean he or she is obligated to proceed with criminal charges. Also, he or she may request that his or her identity be kept confidential until/unless he or she makes a commitment to proceed with criminal or college prosecution.

Victims of sexual assault will be offered the opportunity to make a formal complaint through the College’s appropriate complaint/judicial system against the offender under the College’s Code of Conduct or Title IX Policy if the offender is a member of the CCBC community. Individuals who contact the Title IX Coordinator or a Deputy Title IX Coordinator will be provided with appropriate resources to decide whether or not to file a formal complaint. This decision will be made by the individual, without influence from any College employee as to whether they should file a formal complaint or not.

The College may pursue code of conduct charges regardless of whether any criminal charges are filed. However, the College’s judicial process is not intended to serve as a substitute for the criminal justice system. The College will initiate internal judicial proceedings in incidents of sexual assault when a student, employee, or third party requests it and/or when subsequent investigation produces substantial evidence of a violation of College policy.

If the victim is a student and at the victim’s request, the Vice President of Student Affairs and Enrollment may be able to make special provisions for an alternate class schedule during the period of investigation. Other special support can also be provided upon request. 

A Respondent will not be removed from an education program or activity unless an individualized safety and risk analysis determines there is an immediate threat.  Any respondent who is removed will be provided notice and an opportunity to challenge the decision immediately following removal.

In addition to potential criminal court proceedings, perpetrators of sexual assault face significant potential sanctions under the College’s judicial/disciplinary system. If an individual has been assaulted and is considering whether or not to pursue campus disciplinary action, he or she is encouraged to discuss the matter with the Title IX Coordinator. This will enable him or her to review procedures should he or she decide to file formal charges through the College’s disciplinary system. This discussion does not obligate the alleged victim to pursue official action. If he or she decides to pursue the disciplinary process, charges may be filed directly by the victim or by the College on the basis of his or her written statement. Such charges would be handled in accordance with the procedures relating to violations of the College’s Student Code of Conduct or Title IX Policy.

To recap, an individual who is the victim of a rape or sexual assault has several options with regard to how the case is handled. The individual may choose to: (1) Press charges through the local police; (2) Press charges through the College disciplinary system; (3) Press charges through both systems concurrently; (4) Press no charges but request a College facilitated meeting with the alleged assailant to discuss the incident.

If an individual who reports a sexual assault is harassed by anyone in connection with the incident, the harassment should be reported immediately to Campus Security and/or the Title IX Coordinator. Reporting such harassment will enable the College to investigate the allegations.

All claimants and respondents always have the option to have an advocate and/or any other advisor with them throughout such procedures. Both the complainant and respondent shall be informed of the outcome of any institutional disciplinary proceeding alleging a sexual offense. This includes the College’s final determination as well as any sanctions against the accused.

Respondents to allegations of violations of the Title IX Policy will be afforded equal resources as complainants. Respondents will have the option to request an advocate and/or advisor throughout the procedures.

Any complaints of sex-based harassment filed under Title IX will be dismissed if the complaint does not rise to the definition of sex-based harassment contained in this policy.  A complaint that does not rise to the level of sex-based harassment under Title IX; may, however, violate a different College policy that may need to be addressed.

Informal Resolution

An informal resolution process is allowed, except for allegations where an employee harassed a student.  To move forward with an informal resolution, all parties must agree to an informal resolution and may withdraw from the informal process and resume the formal grievance process at any time.

Live Hearing

Unless both parties agree to an informal resolution process, a live hearing is a required element for all post-secondary grievance procedures.  The Title IX Coordinator can be the investigator, but cannot be the decision-maker or appellate officer.

A hearing may be held in one location, may be held virtually, or may be held in real-time (at the request of a party, or at the institution’s discretion).  All formal hearings must be recorded or transcribed, with the recording or transcript available to parties for inspection and review.

Cross-Examination

All witnesses may be cross-examined during the formal process. Cross-examinations must be conducted by an advisor, who may be legal counsel; however, will not be by the complainant or respondent. If any party does not have an advisor, the College will provide one free of charge.

Questions challenging credibility are allowed. The decision-maker may preclude irrelevant questions. Questions about the complainant’s prior sexual behavior or sexual predisposition are not generally allowed.  If an individual refuses to submit to cross-examination, the decision-maker may not rely on any statement of that individual to determine responsibility.

Responsible Employees:

Under Title IX, a College is required to take immediate and corrective action if a “responsible employee” knew or, in the exercise of reasonable care, should have known about sexual or gender-based harassment that creates a hostile environment. At CCBC, employees with supervisory and leadership responsibilities on campus are considered “responsible employees.”

Accordingly, with the exception of individuals who have legally protected confidentiality, all “responsible employees” of the College are required to inform the Title IX Coordinator of any report of sex-based harassment, sexual violence, stalking, or intimate partner violence they receive or of which they become aware immediately. This allows the Title IX Coordinator, working with the Title IX team, to conduct an initial assessment of the reported behavior, ensure that a Complainant is familiar with the options for resolution, both on and off campus, and address the necessity for any interim remedies or accommodations to protect the safety of the Complainant or the community. The Title IX team will seek the Complainant’s expressed preferences, if any, as to the course of action.

Appeal Processes:

Appeals

1. Any respondent or complainant shall have the right to appeal the result of a discrimination investigation or formal hearing. Appeals must be made, in writing, to the Vice President of Human Resources (the Affirmative Action Officer and Title IX Coordinator for the College), Administrative Services Center, room 5106, ext. 3379, or the Vice President for Student Affairs and Enrollment within five calendar days after notification of a decision for the hearing.

2. The Appeals Board will be appointed by the College President and consist of two students, two members of the faculty, and one administrator. In the case of employees, the panel will consist of two administrators, two staff, and one faculty member.

3. An appeal shall be limited to a review of the verbatim record of the initial hearing and supporting documents for one or more of the following criteria, except as required to explain the basis of new evidence:

a. New evidence comes to light that was not addressed at the hearing;

b. Due process was not provided in accordance with College guidelines;

c. Proof of false testimony at the hearing exists;

d. An unreasonable or arbitrary sanction was given; or

e. Other substantial irregularities occurred that played a role in the outcome of the hearing.

4. Of primary importance to the Appeals Board is the written statement. The written statement should be as complete as possible in setting forth the basis for appeal as listed above. Clear and convincing reasons are necessary for a successful appeal.

5. The Appeals Committee shall make its recommendation to the College President within 10 calendar days after an appeal has been referred to it.

Sexual Violence Education and Support:

Sexual Violence Education and Support – The College’s website contains information and resources at www.ccbc.edu/policiesandprocedures.

Sex-based harassment and Title IX training is provided to all first-year students and employees and is required to be completed.

Campus Sexual Assault Victim’s Bill of Rights

The College will make available to students a “Campus Sexual Assault Victim’s Bill of Rights”, consistent with the Federal Campus Sexual Assault Victim’s Bill of Rights under section 485(f)(8) of the Higher Education Act of 1965 (20 U.S.C. ~1092(f)(8)).

The Community College of Beaver County will act swiftly to protect the rights of all its members. Students who have been sexually assaulted have a variety of campus and area resources that are available to them. The College supports the victim’s right to choose which avenues of assistance are most appropriate. These resources include Campus Security, to whom all crimes (including sexual assaults) should be reported, Title IX Coordinator, Title IX Deputy Coordinator, Counseling Services, the local police agency with jurisdiction, and the emergency department of the local hospital. Individuals who have been sexually assaulted have the following rights:

• To be treated with dignity.
• To be treated in a confidential manner consistent with applicable legal requirements.
• To contact local police and/or the district attorney to report the crime. Community College of Beaver County will assist the student in notifying proper law enforcement officials if requested.
• To be informed of mental health counseling services on campus or in the community.
• To be free from pressure to not report the crime or to report it as a lesser offense.
• To be transported to the nearest medical facility approved for the collection of sexual assault evidence.
• To be informed of any federal or state rights to test sexual assault suspects for communicable diseases.
• To choose whether or not to have the case adjudicated through the College system, the criminal justice system, or both concurrently.
• To have the same opportunities for representation as the accused, and to have others present in campus proceedings.
• To be informed about the outcome of any investigation by the College, including any disciplinary action against the accused.
• To be afforded alternative class assignments if requested and reasonably available.
• To be given a copy of the College’s sexual assault policy. Individuals have the right to have any questions about College policy and the College judicial process answered.

Principal CCBC Sexual Misconduct Policies

2.01.002 Civility

2.01.002.003 Sexual and Other Unlawful Harassment

2.01.002.002 Sexual Violence Awareness Education

IMPORTANT CONTACT INFORMATION

Emergency- Campus Security, Community College of Beaver County
724-480-3555
Incident Reporting (Choose any of the following):

Title IX Coordinator – Employees and Students
Sally Mercer, Vice President for Human Resources
Community Resources Center
724-480-3379
sally.mercer@ccbc.edu

Title IX Deputy Coordinator – Employees and Students
Brittney Golden, Dean of Students
Learning Resources Center
724-480-3465
brittney.golden@ccbc.edu

Title IX Deputy Coordinator – Athletics
Tyler Care, Director of Student Life and Athletic Administration
Student Services Center, lower level
724-480-3630
tyler.care@ccbc.edu

Title IX Deputy Coordinator – Employees and Students
Vicki Suehr, HR Generalist
Community Resources Center
724-480-3358
vicki.suehr@ccbc.edu

Title IX Team Member – Students
Liz Marshall, Director of Student Support Services
Library, Room 200
724-480-3410
liz.marshall@ccbc.edu

Title IX Deputy Coordinator – Employees and Students
Sam Sharpless, Office and Compliance Manager
Community Resources Center
724-480-3370
sam.sharpless@ccbc.edu

Medical Treatment

Heritage Valley Beaver
1000 Dutch Ridge Road
Beaver, PA 15009
Phone Numbers: 724.728.7000, 724.846.5400 (toll-free line for Beaver Falls/Ellwood City area) 724.764.7646 (toll-free line for East Liverpool, Ohio area)

Personal Support
CCBC, Main Campus
Counseling Office
Student Services Center
724-480-3421
Daily (Monday-Friday, 8 am-4:30pm)
Evenings (Monday-Thursday, 4:30-7pm)

Women’s Center of Beaver County
HELPLINE at (724) 775-0131, 24 hours a day, seven days a week

Network of Victim Assistance (NOVA)
Hotline: 1-800-675-6900
Web site: www.novabucks.org

Police and Legal Information

Police Emergencies – Dial 911

Center Township Police
224 Center Grange Rd, Aliquippa, PA 15001-1421

Non-Emergency: 724-774-0271
Emergency services are available 24/7 by calling 911

Monaca Police Department
928 Pennsylvania Ave, Room 111, Monaca, PA 15061-1800
Non-Emergency: 724-775-9614

Emergency services are available 24/7 by calling 911

State Police
1400 Brighton Road
Beaver, PA 15009-2226
Non-Emergency 724-773-7400

Emergency services are available 24/7 by calling 911

District Attorney’s Office
Phone: 724-773-8550

Department of Education Contact Information
United States Department of Education

Office of Civil Rights
Lyndon Baines Johnson Department of Education Building
400 Maryland Ave., SW
Washington DC 20202-1100
Telephone: 800-421-3481
Fax: 202-453-6012
TDD: 800-877-8339
Email: OCR@ed.gov