Sexual Harrasment, Sexual Violence, Gender Discrimination Policy (Title IX Policy)

Introduction:

This policy addresses Ponce Health Sciences University responsibilities under the Title IX of the Education Amendments of 1972, the Jeanne Cleary Disclosure of Campus Security Policy and Campus Crime Statistics Act, and the Violence Against Woman Reauthorization Act of 2013 (VAWA) which prohibits discrimination on the basis of sex (gender) in educational programs and activities and programs that receive federal assistance. This policy describes how individuals may report allegations of discrimination on the basis of sex, including: sexual harassment, sexual assault, sexual misconduct, dating violence, domestic violence, stalking, retaliation, and any other form of gender discrimination. Also, this policy address how the university will coordinate the investigation process; how will provide interim remedies, adjudication options, and relevant disciplinary actions; and how will train and educate the campus community about this policy. This policy applies to admission candidates, students, employees and all contractors, suppliers or third-party servicers who have a role and in PHSU programs and activities.

I Legal basis:

The procedures outlined below are based on those provided in the Title IX common rule 65 F.R. 52867 and, are also codified in the Department of Education Title IX implementing regulations, 34 C.F.R. 106.4 - 106.9.

This policy is approved by the Institutional Administrative Board and is effective as of Fall 2020.

II Scope:

PHSU is committed to promote and develop a learning environment free of any type of gender based inappropriate conducts. The University promotes an inclusive environment were diversity is key for the academic and professional development. Discrimination or violence based on sex (gender) will not be tolerated.

III Justification:

The Title IX Policy is directed to ensure the appropriate processes and investigation of student complaints related to sexual, harassment, sexual violence and gender discrimination guarantying the due process recommended by the Federal Department of Education.

IV Policy:

Procedural Requirements

The procedures outlined below are based on those provided in the Title IX common rule 65 F.R. 52867 and, are also codified in the Department of Education Title IX implementing regulations, 34 C.F.R. 106.4 - 106.9.

1. Dissemination of the Policy
   The Institution is responsible for the notification and orientation of the content of the policy. The Institution should make sure that this policy is annually distributed and easily understood. The Institution must publish the first notice of this Policy in every institutional, student or alumni publications, and by letter or memorandum to participants and employees. After the initial publication, all memoranda, bulletins, catalogs, and applications must contain a similar notice.
2. Designation of the Title IX Coordinator
   Institutions must designate a least one employee to serve as a Title IX Coordinator. This employee is responsible for coordinating the Institutional efforts to comply with and carry out the responsibilities under Title IX and the implementation of its regulations, including: coordinating the recipient’s responses to all complaints involving possible sex discrimination, monitoring outcomes, identifying and addressing any patterns, and assessing effects on the campus climate. The coordinator’s name, address, and phone number must be communicated to all applicants, participants, and employees.
3. Adoption of grievance procedures
   One of the important aspects of Title IX and its implementing regulations is their requirement that recipients adopt and publish internal grievance procedures to promptly and equitably resolve complaints alleging discrimination on the basis of sex.

Prohibited Conducts

Prohibited conducts range from sexual harassment to sexual misconduct. The following conducts definitions are considered violations to the PHSU Title IX Policy:

1. Sexual harassment
   • The Title IX final regulations define sexual harassment as (1) any unwelcome conduct on the basis of sex that is severe, pervasive, and objectively offensive, (2) sexual violence or stalking recognized by Clery/VAWA, or (3) “quid pro quo” sexual harassment.
2. Sexual violence
   • Sexual violence is a form of sexual harassment and refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent (e.g., due to the student’s age or use of drugs or alcohol, or because an intellectual or other disability prevents the student from having the capacity to give consent).
   • A number of different acts fall into the category of sexual violence, including rape, sexual assault, sexual battery, sexual abuse, and sexual coercion.
3. Sexual exploitation
   • Taking sexual advantage of another person or violating the sexual privacy of another when consent is not present, including, but not limited to: sexual voyeurism, indecent / lewd exposure, nonconsensual video or audio recording of sexual activity, distribution of sexual information o images about another person, or inducing incapacitation in another person with the intent to engage in sexual conduct.
4. Stalking
   • A pattern of conduct (two or more in a short period of time) that is unwanted and causes mental distress. Malicious and repeated harassing of another person through activities such as, but not limited to: following the individual, showing up at her home or workplace, sending unwanted messages or objects, vandalizing property or making harassing phone calls.
   • Malicious and repeated harassing of another person through activities via internet such as emails, chat rooms, sexting, social webs, face to face apps, video clips, cloning emails, changing photos with Photoshop or similar, among others (cyber-stalking).
5. Dating/domestic violence
   • Dating violence is any violence between two people who are or have been in a social relationship of a romantic or intimate nature, including but not limited to emotional, physical, sexual, and financial abuse or threat of abuse
6. Gender based discrimination
   • As defined by the US Equal Employment Opportunity Commission is discrimination against an individual because of gender identity, including transgender status, gender expression or because of sexual orientation that has the purpose or effect of creating a hostile living learning, or working environment.
7. Retaliation
   • Is any intentional or attempted adverse or negative act against a person who in good faith makes a report, serves as a witness, or participates in an investigation or adjudication process regarding an alleged violation of a prohibited conducts under this policy. Retaliation includes threatening, intimidating, harassing, coercing or any other conduct that would discourage a reasonable person from engaging in activity protected under this policy.

Reporting a Concern

Any student who think that has been subjected to sex discrimination, sexual assault sexual harassment or sexual misconduct by other student, member of the faculty or staff, campus visitor or contractor, is encourage to report the incident to the Title IX Coordinator Officer.

Title IX Coordinator Contact Information

Jonaira Arroyo, M.Ed, CPL
PO Box 7004 ▪ Ponce PR, 00732-7004 787-840-2575 Ext. 5734
jarroyo@psm.edu

Mandatory Reporters

Under Title IX final regulations, only “officials with authority”, who can institute corrective or remedial measures in regards to any reports, or possible allegations, of sexual discrimination or misconduct, are required to report to the Title IX coordinator. Individuals who a student could reasonably believe have the authority to redress or report harassment (e.g., athletics coaches, faculty, etc.) are no longer mandatory reporters. However, institutions retain the discretion to determine who these “officials with authority”.

For the purpose of this policy, the following individuals are considered “officials with authority”, and are recognized as mandated reporters:

• Supervisors
• Administrators
• Faculty Members
• Teacher Assistants

Mandated reporters are obligated to report incidents of sex discrimination, sexual harassment or sexual assault that come to his or her attention; even though there is no formal complaint filed.

Police and Criminal Investigation

PHSU does not required the victims to report criminal concerns to the Police, but recommended. A criminal investigation is separate to the University process and will not be coordinated through the University.

Confidentiality and Confidential Resources

Confidentially

PHSU will make reasonable and appropriate efforts to preserve the student’s confidentiality in cases involving sexual violence. Even if a student does not specifically ask for confidentiality, to the possible extent, PHSU should only disclose information regarding alleged incidents of sexual violence to individuals who are responsible for handling the Institution response.

If an affected party requests to remain anonymous during a Title IX investigation, the Title IX Coordinator will consider the request, balancing the request in the context of the university’s responsibility to provide a safe and non-discriminatory environment for university community members, as well as the fair and equitable treatment of the individuals involved. This includes the accused party’s right to receive notice of allegations that prompted the investigation. The university will take reasonable steps to investigate and respond to a report of a Prohibited Conducts consistent with the request for anonymity, but its ability to investigate may be limited by the request.

PHSU Confidential Resources

Professional Counseling Services and Medical Services Office at PHSU are considerate Confidential Resources. Discussing allegation of sexual violence with your Professional Counselors or Medical Services Staff will not result in a report under Title IX Regulation. Confidential resources can provide information about your rights under Title IX Policy, but will not report the incident.

Filling a Complaint

Complainants who experience any type of sexual harassment or violence are encouraged to seek help as identified above. In order to initiate a formal complaint, the complainant must submit a written and signed document, physical or digital, alleging sexual harassment against a Respondent and requesting the University to investigate the allegations.

The complaint must include the following information:

• the identity and status (roles) of the complainant and Respondent(s);
• details concerning the incident(s) or conduct that gave rise to the complaint;
• date(s) and time of the incident;
• location(s) of the incident(s);
• Nature of the conduct (provide specific details);
• the identity and status of any witness(es) to the incident(s) with telephone numbers, email addresses, and street addresses if known.
• Date of previous report.

Complaint dismissal

The Title IX Office must dismiss a formal complaint under the following circumstances:

• the alleged matter does not meet the Title IX definition of sexual harassment as described above;
• the alleged matter does not arise from a PHSU education program or activity of;
• the alleged matter is not raised against a person in the United States;
• the alleged matter occurred before August 14, 2020.

The Title IX Office may dismiss a formal complaint under the following circumstances:

• the complainant submits a written request to withdraw the complaint;
• the Respondent is no longer at the University.

Appealing Dismissal of Formal Complaint

Appeals pertaining to the dismissal of a formal complaint must be submitted to the Title IX Coordinator within three (3) business days from receipt of the dismissal. The appeal must meet one or more of the following: procedural irregularity, new evidence, or evidence of conflict of interest/bias.

Investigation Process

An immediate assessment of any risk of harm to individuals or to the campus community and will take the necessary steps to address those risks, in collaboration with the Executive Director of Students Affairs, Professional Counselors and Institutional Security Director. Once a complaint has been filed, immediate actions to protect the complainant are going to be taken.

Interim remedial and protective measures

In cases of reported alleged violations to this policy, the University may implement interim and remedial measures. Examples of interim and remedial measures that the University may consider and elect to implement include, but are not limited to:

• Options for on- and/or off-campus medical, counseling, and other related services, including access to a referral to health care providers, if necessary
• Arranging for medical services
• Imposition of a campus “no-contact order”
• Class or course reassignments; including course schedules, assignments or tests
• Providing academic support services, such as tutoring
• Change in work schedule or job assignment
• Options for reserve parking space
• Limiting access to certain University facilities or activities
• Separation from job (employees) or academic activities (students) until the resolution of the complaint or ending of the investigation
• Any other measure which can be tailored to the involve individuals to achieve the goals of this policy.

Formal Investigation Process

A typical investigation will include:

1. Notification of Investigation
   The Title IX Coordinator sends formal written communication to both the complainant and the Respondent. The communication includes information related to: the allegations to be investigated, what policy and what sections of the policy against which the allegations are assessed, the name(s) of the investigator(s), the rights the complainant and respondent have throughout the investigation process, a warning regarding retaliation, and any other information that is pertinent to the investigation.
2. Investigators appointment
   The Title IX Coordinator will designate one or more investigators, which will be responsible for conducting the investigation process related to this Policy. Title IX investigators are members of PHSU community (academic and administrative staff), trained in case management, investigation process and issues related to gender-based discrimination and sexual harassment. Both parts, the complainant and the respondent, has the opportunity to request the inhibition of one or more investigators. This request must present reasonable, articulable grounds to suspect bias, conflict of interest, or an inability to be fair and impartial on the part of the investigator. If the request is approved, a new investigator will be appointed.
3. Advisors appointment
   Complainants and respondents may be accompanied by an advisor of their choice to any meeting or proceeding related to violations of this Policy. Complainants and respondents may provide their own advisors-or choose one from a list of pre-identified advisors maintained by the university. Complainants and respondents may choose not to have an advisor during the investigative process. However, complainants and respondents must have an advisor during the live hearing process so that the hearing advisor (“hearing advisor”), who can pose questions to the opposing party and witnesses. Where a complainant or respondent does not have a hearing advisor, the University will provide one at no cost to the complainant or respondent. The hearing advisor provided by the University may or may not be an attorney.
4. Information Gathering
   The investigator(s) gathers information related to the allegations. This information may include: documents, electronic materials (text messages, e-mails, phone logs, social media post, etc.), video and audio recordings, interviews with the complainant, the respondent, and witnesses. The complainant and respondent are each provided an opportunity to interview and provide information to the investigator(s). Also, both will have the opportunity to provide the names of witnesses for the investigator to interview.
5. Information Review
   During this phase, the complainant, the respondent and the advisors will each be provided an opportunity to review and respond to the information that the investigator has gathered. The investigator will review, weights and analyzes the information to determine whether it was “more like than not” that alleged conduct occurred.
6. Reporting
   The investigators write a formal investigation report. This report includes: the allegations that were investigated, the applicable policy against which the allegations were reviewed, the individuals contacted and interviewed, a list of the documents and materials gathered, reviewed and analyzed, a summary of the statements of the individuals interviewed, an analysis of the statements and information gathered and reviewed, and the investigator’s conclusions and determinations about what happened and whether the allegations have been substantiated. The investigators will not make determinations of responsibility in the investigative report.
   This report will be forwarded to the Title IX Coordinator and the Executive Director of Students Affairs (Decision-Maker for Title IX purposes).
   A copy of the report will be provided to the parties and their advisors at least five (5) business days prior to a hearing or any other date when respondent’s responsibility may be determined.
7. Hearing Process
   For allegations of conduct governed by the new Title IX regulations, PHSU is required to use a live hearing model, in which advisers for the complainant and the respondent are permitted to cross- examine the other party and any witnesses. The hearings, which may be held virtually, will be used for all matters that meet the federal definition of sexual harassment, and for alleged violations of PHSU sexual misconduct policy in which both the complainant and respondent are students.
   At any point after a formal complaint has been filed with the Title IX office, parties may engage in an “informal resolution” process. If the matter is not settled through informal resolution, the matter may proceed to a hearing. Informal resolution will not be allowed in cases where the respondent is a faculty or staff member.
8. Adjudication
   The Decision-maker is tasked with evaluating and analyzing all relevant information in the Investigation Report and the information presented by the parties in the hearing process. The Decision-maker determines whether a violation of Policy occurred based on the preponderance of evidence standard.
9. Outcomes Notification
   The Title IX Office will send a formal written communication to both, the appellant and the defendant. The communication includes information about the result of the investigation and the hearing process, and the decision-maker determination related to the allegations. Also, includes whether or not there was a violation of Title IX Policy. Finally, will include information about the next steps in the Title IX process.
10. Support
    The Title IX Coordinator is available for support, questions, and allocation or referral of resources for all parties involved after the investigation process.

Sanctions

A violation of this policy may result in a suspension or expulsion from the University. To determine the appropriate sanction within the recommended outcomes, the following factors are taken in consideration:

• The respondent’s prior discipline history;
• The nature and violence of the conduct at issue;
• The impact of the conduct on the complaint;
• The impact of the conduct on the community, its members, or its property;
• Any other mitigation or aggravating circumstances.

If the respondent has engaged in the same or similar conduct in the past, the sanction will be expulsion.

A Title IX investigation should normally be complete in 60 calendars days after the University has notice of a concern, but this time frame may be extended depending on the complexity of the circumstances of each case or University breaks.

Appeal

If the compliant or the respondent are dissatisfied with the final determination made under this Policy, that person may file an appeal to the Vice President of Academic Affairs or designee. The appeal should be filed in writing to the Vice President of Academic Affairs and the Title IX Coordinator within 5 business days of the outcomes letter notification receive.

The grounds for the appeal will usually be limited to:

• New evidence, not available at the time of the initial review.
• Any procedural irregularity that affected the outcomes of the investigation.

The appeal review should be completed within 20 business days unless there is a cause for extension, including University breaks. The appeal decision with be provided by the Vice President of Academic Affairs in writing and the appeal decision if final.

Information and Community Support Services

Whether or not the victim chooses to file an official concern, a victim of sexual misconduct or sexual assault, PHSU encourage to obtain information, support and counseling, both on and off campus.

Information, support and advice are available (see resources below) for anyone in PHSU community.

Campus Resources

PHSU Professional Counseling Services
José Soto-Franceschini, PhD, CPL 787-840-2575 Ext. 5852
jsoto@psm.edu

Jonaira Arroyo, M. Ed, CPL 787-840-2575 Ext. 5734
jarroyo@psm.edu

Grace M. Morales Mercado, MSS, LRC 787-840-2575 Ext. 5733
gracemorales@psm.edu

PHSU Security Department / Guards

Rosanne West
787-840-2575 Ext. 2118
rwest@psm.edu

Humans Resources Department

Aixa E. Ramos, PHR
787-840-2575 Ext. 4767
aramos@psm.edu

Community Resources

Centro de Ayuda a Víctimas de Violación
14 St. Ponce, PR 00716
787-290-3636 / 787-842-3315

Casa Protegida Julia de Burgos - Ponce
PO Box 362433
San Juan PR, 00936-2433 787-284-4303

Puerto Rico Police Department
Playa de Ponce Ponce PR, 00728
787-842-0080

Damas Hospital Ponce by Pass 2213 Ponce PR, 00717
787-840-8686

Línea PAS (24/7 Servicies)
1-800-981-0023

For more information about sex discrimination, sexual harassment (including sexual violence) or sexual misconduct, please contact:

Institutional Title IX Coordinator

Jonaira Arroyo, M.Ed, CPL
PO Box 7004 ▪ Ponce PR, 00732-7004 787-840-2575 Ext. 2174
jarroyo@psm.edu