No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.
Title IX of the Education Amendments of 1972

Saint Vincent College is deeply committed to its strong tradition of respecting, preserving, protecting, and enhancing the dignity of every member of its community and all whom we welcome as guests. This tradition embraces the notion that no member of the College community is, or should be, excluded from participation in, denied the benefits of, or subjected to discrimination in, any College program or activity on the basis of sex, sexual orientation, or gender identity. Gender-based and sexual harassment, including sexual violence, are forms of discrimination that deny or limit an individual’s ability to participate in and benefit from the programs and activities of the College. Accordingly, the College expressly prohibits them.

As a recipient of Federal funds, the College complies with Title IX of the Higher Education Amendments of 1972 which prohibits discrimination on the basis of sex in education programs or activities. Sexual Misconduct, as defined in this Policy, is a form of sex discrimination prohibited by Title IX. Saint Vincent College is committed to providing programs, activities, and an educational environment free from sex discrimination.

We Will Listen


Definitionsdefinitions
Sexual Misconduct

Sexual Misconduct includes Sexual Harassment and Gender-Based Harassment.

Sexual Harassment

Sexual Harassment is Unwelcome Conduct of a sexual nature, including but not limited to unwelcome sexual advances; requests for sexual favors; or other verbal or nonverbal conduct of a sexual nature, including but not limited to Rape, Sexual Assault, Sexual Violence and Sexual Exploitation. In addition, Dating Violence, Domestic Violence, and Stalking may also constitute Sexual Harassment.

Gender-Based Harassment

Gender-Based Harassment is Unwelcome Conduct of a nonsexual nature based on a victim’s actual or perceived sex, including conduct based on gender identity, gender expression, and nonconformity with gender stereotypes.

Unwelcome Conduct

Unwelcome Conduct is conduct that the victim did not request or invite and that the victim considered to be undesirable or offensive. 

Unwelcome Conduct may take various forms, including name-calling, graphic or written statements (including the use of cell phones or the Internet), or other conduct that may be physically threatening, harmful, or humiliating. Unwelcome Conduct does not have to include intent to harm, be directed at a specific target, or involve repeated incidents. Unwelcome conduct can involve persons of the same or opposite sex. 

Participation in the conduct or the failure to complain does not always mean that the conduct was welcome. The fact that a victim may have welcomed some conduct does not necessarily mean that a victim welcomed other conduct. Also, the fact that a victim requested or invited conduct on one occasion does not mean that the conduct is welcome on a subsequent occasion. 

Hostile Environment

A Hostile Environment exists when the Sexual Misconduct is sufficiently serious to deny or limit a student’s ability to participate in or benefit from the College’s programs or which negatively impacts the work environment for a faculty or staff member. 

A Hostile Environment can be created by anyone involved in a College’s program or activity (e.g., administrators, faculty members, students, and campus visitors). 

In determining whether Sexual Misconduct has created a Hostile Environment, the College considers the conduct in question from both a subjective and objective perspective. It will be necessary, but not enough, that the conduct was Unwelcome Conduct with respect to the student, faculty or staff member who was harassed. But the College will also need to find that a reasonable person in the victim’s position would have perceived the conduct as undesirable or offensive in order for that conduct to create or contribute to a Hostile Environment. 

To make the ultimate determination of whether a Hostile Environment exists, the College considers a variety of factors related to the severity, persistence, or pervasiveness of the Sexual Misconduct, including:

  1. The type, frequency, and duration of the conduct;
  2. The identity and relationships of persons involved;
  3. The number of individuals involved;
  4. The location of the conduct and the context in which it occurred; and,
  5. The degree to which the conduct affected one or more student’s education.

The more severe the Sexual Misconduct, the less need there is to show a repetitive series of incidents to find a Hostile Environment. A single instance of Sexual Assault may be sufficient to create a Hostile Environment. Likewise, a series of incidents may be sufficient even if the Sexual Misconduct is not particularly severe. 

Sexual Assault

Sexual Assault crimes are defined over a number of statutes in Chapter 31 of the Pennsylvania Crimes Code. The Sexual Assault statutes cover a broad range of activities, including everything from offensive sexual touching to rape. Violations of these laws can carry hefty prison sentences and many result in serious Megan’s Law consequences. In addition to Sexual Assault crimes defined by law, under this Policy Sexual Assault includes, but is not limited to:

  • Non-consensual Sexual Contact, which may be defined as follows:
    • Intentional touching of another person’s intimate parts without that person’s Consent; or
    • Other intentional sexual contact with another person without that person’s Consent; or
    • Coercing, forcing, or attempting to coerce or force a person to touch another person’s intimate parts without that person’s Consent; or
  • Non-consensual Sexual Intercourse, which may be defined as follows:
    • Penetration (anal, oral or vaginal) by a penis, tongue, finger or an inanimate object without the Consent of both parties. 
Sexual Violence

Sexual Violence refers to physical sexual acts perpetrated against a person’s will or where a person did not or cannot give Consent (e.g., due to age, use of drugs or alcohol, or because an intellectual disability prevents the person from having the capacity to Consent). A number of different acts fall into the category of Sexual Violence, including rape, sexual assault, sexual battery, sexual abuse, and sexual coercion. Sexual Violence includes acts constituting all forms of rape or sexual assault as defined by the Crimes Code of Pennsylvania.

Consent

Consent must be informed, voluntary, and mutual, and can be withdrawn at any time. There is no Consent when there is force, expressed or implied, or when coercion, intimidation, threats, or duress is used. Whether a person has taken advantage of a position of influence over another person may be a factor in determining consent. Silence or absence of resistance does not imply consent. Past consent to sexual activity with another person does not imply ongoing future consent with that person or consent to that same sexual activity with another person. 

If a person is in a state of Incapacitation or impaired so that such person cannot understand the fact, nature, or extent of the sexual situation, there is no consent; this includes impairment or incapacitation due to alcohol or drug consumption that meets this standard, or being asleep or unconscious. 

Incapacitation

Incapacitation means the physical and/or mental inability to make informed, rational judgments. States of Incapacitation include, without limitation, sleep, blackouts, and flashbacks. Where alcohol [or other drug] is involved, one does not have to be intoxicated or drunk to be considered Incapacitated. Rather, Incapacitation is determined by how the alcohol consumed impacts a person's decision-making capacity, awareness of consequences, and ability to make informed judgments. The question is whether a sober, reasonable person in the position of the accused person should have known that the complainant was Incapacitated. Because Incapacitation may be difficult to discern, persons are strongly encouraged to err on the side of caution; i.e., when in doubt, assume that another person is Incapacitated and therefore unable to give Consent. Being intoxicated or drunk is never a defense to a complaint of Sexual Misconduct under this Policy.

Sexual Exploitation

Sexual Exploitation occurs when a person takes sexual advantage of another person for the benefit of anyone other than that person without that person’s Consent. Examples of behavior that could rise to the level of sexual exploitation include:

  • Prostituting another person;
  • Recording images (e.g., video, photograph) or audio of another person’s sexual activity, intimate body parts, or nakedness without that person’s Consent;
  • Distributing images (e.g., video, photograph) or audio of another person’s sexual activity, intimate body parts, or nakedness, if the individual distributing the images or audio knows or should have known that the person depicted in the images or audio did not Consent to such disclosure and objects to such disclosure; and,
  • Viewing another person’s sexual activity, intimate body parts, or nakedness in a place where that person would have a reasonable expectation of privacy, without that person’s Consent, and for the purpose of arousing or gratifying sexual desire.
Dating Violence

Dating Violence means violence committed by a person (A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) the length of the relationship; (ii) the type of relationship; and (iii) the frequency of interaction between the persons involved in the relationship. 

Dating Violence may constitute Sexual Harassment under this policy.

Domestic Violence

Domestic Violence is defined as set forth in 42 Pa. C.S. § 1726.2. Domestic Violence includes any of the offenses or crimes set forth in Title 18 (relating to crimes and offenses), where the alleged perpetrator and victim have one of the relationships set forth in the definition of “family or household member” in 23 Pa. C.S. § 6102 or are persons who reside or resided temporarily or permanently in the same dwelling. “Family or household members” include spouses or persons who have been spouses, persons living as spouses or who lived as spouses, parents and children, other persons related by consanguinity or affinity, current or former sexual or intimate partners, or persons who share biological parenthood. 

Domestic Violence may constitute Sexual Harassment under this policy. 

Stalking

Stalking is defined as set forth in 18 Pa. C.S. § 2709.1. A person commits the crime of stalking when the person either: (1) engages in a course of conduct or repeatedly commits acts toward another person, including following the person without proper authority, under circumstances which demonstrate either an intent to place such other person in reasonable fear of bodily injury or to cause substantial emotional distress to such other person; or (2) engages in a course of conduct or repeatedly communicates to another person under circumstances which demonstrate or communicate either an intent to place such other person in reasonable fear of bodily injury or to cause substantial emotional distress to such other person. 

Stalking may constitute Sexual Harassment under this policy.

Resourcesresources

Immediate and Ongoing Assistance

If you are a victim of sexual misconduct in need of immediate and/or ongoing assistance following an incident, the following resources, both off-campus and on-campus, are available.

On-Campus
  • Wellness Center Counselors (Confidential)
    • The Counselors in the Wellness Center are available for ongoing counseling support.
    • The Wellness Center is located in the Carey Center and may be reached at 724-805-2115.
  • Residence Life Staff
    • Members of the Residence Life Staff are available 24/7 for emergency help in any situation.
    • Victims can ask Residence Life Staff to help them report incidents of sexual misconduct and secure any required assistance.
    • Residence Life Staff members have an obligation to report these incidents to their managing Residence Hall Director and to the Dean of Students, who will report the incident to the Title IX Coordinator. 
  • Public Safety
    • Public Safety Officers are on duty 24/7 for emergency help in any situation. Victims can ask the Public Safety Office to help them report incidents of sexual misconduct and secure any required assistance. Public Safety Officers have the obligation to report incidents to the Director of Public Safety and the Title IX Coordinator.  
    • Public Safety may be reached in an emergency situation by calling 724-805-2911
  • Title IX Coordinator
    • Responsible Employee Confidentiality Obligations.  
    • Title IX Coordinator Eileen Flinn may be reached Monday through Friday from 8:30 AM until 4:30 PM at 724-805-2897.  
  • Campus Ministry (Confidential)
  • Campus Ministers can provide support and guidance.
  • Campus Ministry is located in the Carey Center and may be reached at 724-805-2350.
Off-Campus
  • Blackburn Center Against Domestic and Sexual Violence (Confidential)
    • The Blackburn Center, located in Greensburg, PA, advocates for the rights of all individuals to live free from domestic and sexual violence in their homes and communities by eliminating the root causes of this violence and providing for the well-being and safety of survivors/victims.
    • Blackburn Center has numerous and wide-ranging resources available for victims of sexual violence. All of their resources are FREE and CONFIDENTIAL; they can even be ANONYMOUS. All services are available to children, women and men. Blackburn Center’s services include the following: 
      • 24 Hour Hotline To reach a counselor any time of the day or night, call: 724-836-1122 or 1-888-832-2272. The 24-hour hotline provides crisis counseling to survivors of sexual assault, incest, domestic violence, and sexual harassment. The hotline can be the first contact victims have with an organization dedicated to their safety and healing. The hotline is available to anyone who needs help: survivors, their families and friends, and professionals who seek information about how they might better meet the needs of their clients. Blackburn’s counselors have received training in the dynamics of domestic violence and sexual assault and understand the complex issues involved.  
      • Emergency Shelter Temporary emergency shelter is available to victims of domestic violence and their children. The shelter provides a safe, comfortable haven where a victim can plan for his or her future. Residents may stay up to 30 days in a six-month period.
      • Counseling and Therapy Blackburn Center provides in-person crisis counseling to survivors of domestic violence and sexual assault. In addition, sexual assault therapy services are available by appointment for women, children, and men. 
      • Support Groups Blackburn Center's staff facilitates weekly support groups for victims of domestic violence and sexual assault to explore their strengths, resources and options. Group participants may include:
        • Adult victims of domestic violence 
        • Children of victims of domestic violence 
        • Adults sexually abused as children 
        • Sexual assault/harassment victims 
        • Significant others of sexual assault victims 
        • Incarcerated female victims of domestic or sexual violence (County Prison)
      • Medical Advocacy/Accompaniment Medical advocates meet survivors of abuse at medical facilities in Westmoreland County in order to provide support during medical examinations and information about available options and resources. Medical advocacy services are available 24/7. 
      • Legal System Support Legal advocates accompany survivors of abuse and their significant others during PFA hearings, Magisterial District Justice hearings, and trials, and provide support, encouragement, and information about available options and resources.
  • Independent Psychological Counselor Dr. Elizabeth Ventura, Professional Licensed Counselor, Associates in Counseling and Wellness, 412-559-9152
  • Pennsylvania State Police (Off-Campus)The Pennsylvania State Police have their own set of confidentiality obligations. The Pennsylvania State Police can generally be on the scene responding to an emergency situation at the College within 15 minutes. Victims of sexual violence are encouraged to file a report with the State Police. The Greensburg, PA barracks can be reached at 724-832-3288.
  • Excela Hospital Latrobe Medical professionals at hospitals have their own rules for reporting and confidentiality. Typically, hospitals are required to call the police when a rape is reported, but you are not required to talk to them. Victims of sexual violence are encouraged to seek medical treatment immediately in order to address any physical injuries that may have occurred, preserve any evidence for a criminal complaint, and have a rape kit performed. Excela Hospital in Latrobe is within 10 minutes of campus. 

Policiespolicies

For the entire policy, please click on the link below.

Sexual Misconduct Policy
Student Life Handbook - Harassment Policy and Sexual Misconduct

Talk to Someonetalk-to-someone

If you believe you are a victim of sexual misconduct, it is important to seek help and talk to someone. The following list includes individuals both on- and off-campus. Some have an obligation to report the incident to authorities on campus for further investigation and, if necessary, remediation. However, there are individuals available to you who will provide support and counsel but will not report the incident and thus maintain your complete anonymity if you choose.

If you wish to make an anonymous report, please use the Campus Safety Concern Reporting Form.

Privileged and Confidential Resources

Not required to report student disclosures 

Professional and Pastoral Counselors
Professional, licensed counselors and pastoral counselors who provide mental-health counseling to members of the school community (and including those who act in that role under the supervision of a licensed counselor) are not permitted to report any information about an incident to the Title IX Coordinator without a victim’s permission. 

These individuals are, however, in a position to provide considerable support for victims of Sexual Misconduct and the victims are urged to seek such support in dealing with trauma often associated with such incidents. 

Here is the contact information for on-campus individuals designated as Professional Counselors and/or Pastoral Counselors: 

  • Wellness Center, Carey Center: 724-805-2115 
  • Campus Ministry, Carey Center: 724-805- 2350

If you are reluctant to seek such help on campus, you should seek professional assistance from an off-campus trauma professional. Here is contact information for such individuals:

  • Dr. Elizabeth Ventura is a licensed, professional counselor with more than 10 years’ experience in the field. You may contact her at 412-559-9152. 
  • The Blackburn Center: This is a Sexual Assault Crisis Center located in Greensburg. You may reach them anytime at 724-836-1122 or 1-888-832-2272.
Title IX Support Persons 

The College has designated certain employees and volunteers as Title IX Support Persons. These individuals can talk to a victim without revealing any personally identifying information about an incident to the College. A victim can seek assistance and support from these individuals without triggering a College investigation that could reveal the victim’s identity or that the victim has disclosed the incident. 

Title IX Support Persons are, however, obligated to report the nature, date, time, and general location of an incident to the Title IX Coordinator while keeping confidential any information that would directly or indirectly identify the victim. This limited report helps keep the Title IX Coordinator informed of the general extent and nature of Sexual Misconduct on and off campus so the Title IX Coordinator can track patterns, evaluate the scope of the problem, and formulate appropriate campus-wide responses. Before Title IX Support Persons report any information to the Title IX Coordinator, they will consult with the victim to ensure that no personally identifying details are shared with the Title IX Coordinator. 

Here is the contact information for individuals designated as Title IX Support Persons:

A victim who speaks to a Title IX Support Person must understand that, if the victim wants to maintain confidentiality, the College will be unable to conduct an investigation into the particular incident or pursue disciplinary action against the alleged perpetrator. Nonetheless, Title IX Support Persons will still assist the victim in receiving other necessary protection and support, such as victim advocacy, academic support or accommodations, disability, health or mental health services, and changes to living, working or course schedules. A victim who at first requests confidentiality may later decide to file a complaint with the school or report the incident to local law enforcement, and thus have the incident fully investigated. These Title IX Support Persons will provide the victim with assistance if the victim wishes to do so.

Confidential Resources

These resources are mandated reporters of sexual misconduct or relationship violence and are obligated to report any incidents they learn to a Title IX Coordinator or the Office of Public Safety. 

Responsible Employees
Responsible Employees are College employees who have the authority to redress Sexual Misconduct, who have the duty to report incidents of sex-based discrimination, or who a student, faculty, or staff member could reasonably believe have this authority or duty. These employees are mandated to report the incident to the Title IX Coordinator. 

When a victim tells a Responsible Employee about an incident of Sexual Misconduct, the victim has the right to expect the College to take immediate and appropriate steps to investigate what happened and to resolve the matter promptly and equitably. 

A Responsible Employee must report to the Title IX Coordinator all relevant details about the alleged sexual violence shared by the victim and that the College will need to determine what happened—including the names of the victim and the alleged perpetrator(s), any witnesses, and any other relevant facts, including the date, time, and specific location of the alleged incident. 

To the extent possible, information reported to a Responsible Employee will be shared only with those who handle the College’s response to the report. A Responsible Employee should not share information with law enforcement without the victim’s consent or unless the victim has also reported the incident to law enforcement. 

All residence hall student and professional staff members, faculty advisors, athletic coaches, department directors and Public Safety officers are Responsible Employees: 

Before a victim reveals any information to a Responsible Employee, the Responsible Employee should ensure that the victim understands the reporting obligations of the Responsible Employee. If the victim wants to maintain confidentiality, the Responsible Employee must direct the victim to confidential resources. 

After being fully apprised of confidential resources at the College (see, Assistance for Victims of Sexual Misconduct, in Section IX of this Policy), If the victim nonetheless wants to tell the Responsible Employee what happened but also maintain confidentiality, the Responsible Employee must tell the victim that the College will consider the request but cannot guarantee that the College will be able to honor it. In reporting the details of the incident to the Title IX Coordinator, the Responsible Employee will also inform the Title IX Coordinator of the victim’s request for confidentiality. 

Responsible Employees will not pressure a victim to request confidentiality, but will honor and support the victim’s wishes, including for the College to fully investigate an incident. Likewise, Responsible Employees will not pressure a victim to make a full report if the victim is not ready to do so. 
Call for Helpcall-for-help
Call for Help 24/7 

911 (call 9-911 on campus)  

SVC Public Safety
724-805-2911 or ext. 2911
 

PA State Police
100 N. Westmoreland Ave.
 Greensburg, PA
724-832-3288

Blackburn Center
24-Hour Hotline:
724-836-1122 or
1-888-832-2272

Wellness Center
Carey Center 
725-805-2115 or ext. 2115  

Campus Ministry
Carey Center
724-805-2350 or ext. 2350

Eileen K. Flinn, Esq.
Title IX Coordinator
Saint Vincent College
300 Fraser Purchase Road
Latrobe, PA 15650
eileen.flinn@stvincent.edu
724-805-2897