Title IX & Non-Discrimination

Reporting

Students who wish to make a report alleging an issue of sexual misconduct or harassment perpetrated by a student, employee, or other individual connected to the University have multiple options. You may contact the Title IX Coordinator, the Office of Safety and Security or make use of our simple online reporting form.

Cairn has declared most employees to be mandatory reporters with the exception of Counseling Center counselors and the Health Center Nurse. Employees who are mandatory reporters are required to inform the Title IX Coordinator of any incident they witness, vaguely hear about, are told directly, or of which they become aware.

This means that if you want to have a conversation about a sensitive issue and want it kept in confidence that you need to speak to a confidential support person inside Cairn or with an outside agency listed as a confidential support provider. An investigation into an allegation of sexual misconduct or harassment does not begin until reported to the Title IX Coordinator.

Support Resources outside of Cairn University

Choice One (Confidential Support)
2222 Trenton Road Levittown, PA 19056
800.497.8378
mychoiceone.org

A Woman’s Place  (Confidential Support)
1281 Almshouse Road Doylestown PA 18901
800.220.8116
awomansplace.org

NOVA, Network of Victims Assistance (Confidential Support)
2370 York Road, Suite B1  Jamison, PA 18929
800.675.6900
novabucks.org

Jefferson Bucks Hospital (Confidential Support)
380 North Oxford Valley Road, Langhorne PA 19047
215.949.5000
jeffersonhealth.org

Saint Mary Medical Center (Confidential Support)
1201 Newtown-Langhorne Road, Langhorne PA 19047
215.710.2000

Bucks County Mobile Crisis (Confidential Support)
500 N. West Street, Doylestown PA 18901
215.345.5300
1.800.499.7455 (24 hr crisis/emergency services)

Police (Non-Confidential Support)
911

Support Resources at Cairn University

Counseling Center (Confidential Support)
Smith Admin Building 1st Floor

Health Center (Confidential Support)
Robyn Brogan, Nurse
215.702.4334

Office of Safety & Security (Mandatory Reporter; Not Confidential)
James Richardson, Director
215.702.4535

Faculty, Staff, Administration (Mandatory Reporter; Not Confidential)

Resident Directors, Resident Assistants, & Coaches (Mandatory Reporter; Not Confidential)

Title IX Team

Process

Cairn University follows an established investigation process, which has been developed and informed by experts in the field of Title IX.

Full nondiscrimination policy

Full sexual misconduct policy 

This brief abbreviated presentation on the Cairn process is meant to inform the Cairn community of our sincere and timely response to all allegations of discrimination and sexual misconduct.

INTAKE
Upon receipt of a “complaint” (notice), the Title IX Coordinator will commence an assessment. The first step is to determine whether the alleged incident is a misconduct issue to be handled under the Community Life Covenant or a potential Title IX violation. Not all incidents referred for Title IX investigation are Title IX violations, but could still be serious violations of the university and/or a breach of State law.

The Coordinator:

• Consults with the Office of Safety and Security to determine if
  • local, state, or federal laws have been broken
  • Clery Act reporting requirements are applicable including “duty to warn”
  • evidence needs to be protected
• Begins process of preliminary assessment through intake interviews and conversations.
• Examines whether informal dispute resolution (mediation) could be constructive to resolve the issue between the grieved parties.
  • Informal resolution is not required and is not appropriate, even on a voluntary basis, in instances of sexual violence or other criminal behavior.
• When a preliminary level assessment determines there is reasonable and sufficient evidence to pursue action, the individuals are informed and if the incident is perceived to be a Title IX violation, it is referred to the Title IX Investigators for a prompt and thorough investigation to be commenced.

FORMAL INVESTIGATION begins with a declaration statement from the Title IX Coordinator or the Title VII Coordinator that sufficient evidence exists to warrant a full investigation. The Title IX Coordinator will notify the lead investigator who will select a qualified member of the Title IX Team to promptly investigate the allegations.

• The investigation should be thorough, prompt, adequate, reliable, and impartial.
• The university will, in good faith, attempt to conclude the investigation and resolution within sixty calendar days of the Title IX Coordinator receiving the report.
• The Lead investigator will create the case file kept in a secured network drive with access limited to the Title IX team.
• A standard of equal communication is expected by the lead investigator. The Complaining and Responding Parties should receive notices and updates within the same timeframe.
• Cairn University has trained investigators who consistently use a systematic format of investigation for Title IX complaints. The determination of “finding” (final ruling) and sanctions will depend on the nature of the complaint/report, as follows:
• At the conclusion of a sexual misconduct investigation the case will be presented to a Judicial Conduct Hearing panel for a fair and impartial hearing in which determination of finding and assessing of any sanctions assure that the decision is made by a panel of trained Title IX personnel.
• Cases, which involve other types of discrimination or harassment (non-sexual), will be fully investigated and be presented to the Title VII and or Title IX Coordinator for final ruling and sanctions.
• The respective administrator, Title IX coordinator (if the Responding Party is a student), and the Title VII coordinator (if the Responding Party is an employee), will be responsible for the final communication of determination. Both parties will be communicated with and are permitted to know the outcome.

JUDICIAL CONDUCT HEARING provides the complainant and respondent in a Title IX sexual misconduct incident with a fair and impartial hearing in front of a panel of trained Cairn University Title IX Team members. A Judicial Conduct Hearing is conducted after the Title IX investigation finds that the initial notice or report of a sexual misconduct incident to be a credible account and needs to be adjudicated by this panel.

This hearing takes place in an organized format with a presentation of the investigation and examination of both parties and witnesses. The panel is responsible to guide the procedure and render a binding decision. In order for Judicial Conduct Hearings to be conducted in a professional and competent manner, the University forms a standing committee of trained faculty and staff into a working Title IX Team. Within the team, select individuals will be designated to specialize as investigators or as hearing panelists.

The entire policy can be viewed here. 

Hearing Details and Order of Events:

• The Title IX Coordinator will formally request one of the Title IX Team members to serve as the Presiding panelist. During the hearing, the presiding panelist will lead the process and work towards a fair and equitable judgment.
• Presiding panelist will confirm that all parties invited to the hearing are aware of the time, location, purpose, structure and limitations of the hearing.
• Depending on the nature of the hearing and possibility of tensions, the lead investigator should evaluate whether assistance from the Office of Safety and Security is needed in the proximity to help guide each party to the hearing room and waiting area.
• Timing of the hearing needs to be established so it takes place at one time and in one setting. A window of two hours should be established and the presiding panelist must facilitate the event from the onset so all parties have their opportunity to respond and witnesses can be heard.
• The University will not access, consider, disclose, or otherwise use a party’s records maintained in connection with treatment by a physician, psychologist, or other recognized professional or paraprofessional unless they obtain the party’s voluntary written consent to do so.
• To protect the level of confidentiality; only the panelists, the investigator in charge of the incident, and the complainant and respondent along with their advisors may be present in the hearing room. Witnesses can be located in an adjoining space and brought in to testify as needed.
• The entire proceeding is to take place with the understanding that the respondent has the presumption of being innocent of the allegations and only when the evidence is sufficiently clear and convincing will they be judged as responsible.
• The presiding panelist will open the hearing by asking the investigator in charge of the incident to present the findings in the case. This is to be an unbiased presentation of the incident detailing what is alleged, who was involved, dates and times along with a recap of the salient observations made by witnesses. This material will have been provided to the panelist and both parties in advance of the hearing. Therefore, the opening presentation of the investigator is not designed to inform the panel as much as allow questions to be asked dealing with pertinent elements of the incident.
• Once the initial presentation of the case has been stated, the panel will ask the complainant questions. 
• The presiding panelist will be responsible for evaluating whether every question is relevant and explain any decision to exclude a question as not relevant.
• Witnesses can be called as needed and once again, questions can take place as prescribed.
• The presiding panelist will close the hearing once all questions have been completed and dismiss the room occupants leaving only the three panelists.
• The panel will then discuss the incident and hearing details and come to a finding on responsibility and sanctions.
• The presiding panelist will document the decision of the hearing panel and submit the finding and any applicable sanctions to the two parties and the Title IX Coordinator.

AMNESTY
Understanding that students may be reluctant to report incidents of sexual assault or sexual harassment involving drugs or alcohol because of the potential consequences related to violating the Student Standards of Conduct, Cairn University has established an amnesty policy for Title IX incidents. Any victim or witness of sexual misconduct, who reports the incident in good faith, will not be sanctioned by the University for violating the Student Standards of Conduct regarding drugs, alcohol or sexual activity.

RETALIATION or intimidation against an individual who has provided information or refused to participate in connection with an investigation of discrimination or sexual misconduct is strictly prohibited. Retaliation is any adverse action taken against an individual by the university, or member of the university community, because he or she has engaged in a legally protected action opposing discrimination or sexual misconduct. Similarly, intimidation is any adverse action or threat of action reasonably likely to prevent or dissuade an individual from making a “Report” or providing information in connection with an investigation. Cairn University will take steps to prevent retaliation and will take strong responsive action to any act of retaliation of which it becomes aware.

Retaliation includes but is not limited to direct threats to an individual, indirect threats to an individual, witness intimidation, creating a hostile atmosphere, demonstrating repeated physical presence, filing frivolous counter claims.

MEDIATION is an informal resolution, which concludes the matter to the satisfaction of both parties quickly and confidentially. Consent for informal resolution must be made by both parties and is to be recorded in written record. If satisfactory resolution is not reached during mediation or if either the complaining or responding party believes informal resolution is no longer possible he or she may forego the informal resolution process or discontinue it at any time and address the concern using the formal investigation process.

Informal resolution is not appropriate, even on a voluntary basis, in instances of sexual violence or other criminal behavior.

RIGHTS of the Complainant (person making the report) and Respondent (person alleged to be responsible) are protected during the Title IX investigation process. Several rights afforded to both parties include:

• The right to have support from the University as an incident is investigated.
• The right to be treated with dignity and respect.
• The right to changes in academic, professional or living conditions if possible and necessary.
• The right to bring an advisor or support person to every interview / meeting.
• The right to name witnesses.
• The right to a lawyer or other advisor in any judicial hearing.
• The right to an advisor provided by the University if either party does not have an advisor yet the other party does.
• The right to appeal.

Prevention

The Title IX Coordinator develops and oversees training and education programs to promote the awareness of harassment, sexual misconduct, rape, acquaintance rape, domestic violence, dating violence, sexual assault, and stalking.

Specific Training for Cairn Students

• Students go through an orientation at the onset of their first semester as part of entry into the Cairn community.
• Orientations for online students are brief and most of the information is provided through links and reference to documents on the Cairn website.
• Resident Life orientations cover expectations for community living with emphasis on student relationships.
• Students are made aware of the annual Clery report and of the resources available to students on and off campus.
• The University Health Center conducts seminars as needed and conduct wellness events relating to student relationships.
• The university sends periodic emails to the students reminding them of services and prevention efforts.
• The university uses climate surveys to monitor student awareness of discrimination and sexual misconduct and the Cairn response to complaints.

Specific Training for Employees

• Administrators, deans, chairs, directors, managers, and supervisors are responsible to ensure that employees within their areas of stewardship are properly trained on their obligations under this policy and applicable laws.
• Employees are provided with the Employee Handbook when an employment offer is made and additional training at the onset of employment during orientation. At that time, pertinent details are shared on the expectations of proper relationships with other employees and with students.
• Employees take part in periodic training. Topics are wide ranging and include many of the policies and procedures involved in anti-discrimination, harassment, and sexual misconduct.
• At established intervals, employees go through annual training. This is done for specific employees working in settings where compliance and knowledge of the law is required as a university, state or federal expectation.
• Employees are notified of the annual Clery report and are made aware of their responsibility regarding issues of sexual harassment, and sexual misconduct for their own well-being as well as that of students.