Richardson,
From :

"yj,

Sent :

/,

Peggy
V

To :

Subject:
Attachment$ :

Carey. Robert M . <Robert.Carey@e d .gov>
Tuesday, May 12, 2015 3:23 PM
Richardson, Peggy
FW : Scan from a Xerox WorkCentre

DOC.PDF

From : OCR Philadelphia!SMTP ·OCR.PHILADELPHIA@ED
Sent: Tuesday , May 12, 2015 2:22 :40 PM
To: Carey , Robert M .
Subject : FW Scan from a Xerox WorkCentre
Auto forwarded by a Rule

.GOV)

______
.,.________
- ..... -From: !
(b)(6); (b)(7(C)
Sent : Tuesday, May 12, 2015 2:2 1 ·49 PM
To: OCR Philadelphia
Subject: Fwd . Scan from a Xerox WorkCentre
Auto forwarded by a Rule

Tl (lt

j... "

I !(b)(6); (b)(7

{b)(6); (b)(7(C)

1

 DISCRIMINATION COMPLAINT FORM

U. S. Department of Education
Office for Civil Rights
Pf111adelphf
a Office
The Wanamaker Building, Suite 515

100 Pen.Al
Sq'lare East
Philadelphia, PA 19107
Phone: (215) 656-8541
FAX: (215) 656-8605
TDD: (215) 656-8604 (Devlce for the Deaf or
Hearing Impaired)

E-MAIL Address : ocr_philadelphia@ed.gov

esta disponible

(Un formulario en espanol

a petici6n de /os lnteresados.)

In order to file a complaint with the Office for Civil Rights (OCR),. you must provide your request in

writing. You may send us a letter which you sign or you may complete this form. If you use this form,
please type or print all information and please use additional pages if needed. If you have any
questions or need assistance in completing this form, please call us at (215) 656-8541 .
You may FAX or E-MAIL this form, however, an original signature Is required . In order to satisfy this
ret1ulrement,please mail the last page of this form (Consent for Revealing Your Identity) with an
original signature to the address above .

1.

Name of person filing this complaint:
5
NAME {Mr./Mrs./Ms.):-:-:1
J: (b:l( : l ;: (b:)(?:(C
: ):::::::::::::::::::~-:

1

(Last)'

....
1:-:----

- ---

(Middle I.)

(First)

(b)(6); (b)(7(C)

ADDRESS;
,::;;.
(b~
)(6;;.
);:.,,.
(b"""
)(7
.,.,.
(C
= )--__.__--------.~
CITY: a.....--

--

--

~

--STATE:..!=

HOME PHONE NUMBER:

----

======!..- ZIP Code:

-

J)~,
(

~'

best time to call: __

l<bl (5); (b)(?(C)

I

best time to call:

E-MAIL ADDRESS (if available)

(bl( 5l; (b)(?(C)

-----

5); (b)(7

'-l(b_l( 6_l;_(b_)(7_(c_) ---

BUSINESS PHONE NUMBER:

2.

-----

L-__ _
.§,·Jp.M.

AM .

v"A .M.~P

BER: (_J ___

Name of person alle edl discriminated a ainst if other

.M.

_

filing) :

(b)(6); (b)(7(C)

NAME (Mr./Mrs./Ms.):

---.-----,,,=-~----=":""':"'."~--

t,.,.............

(First)

(Middle I.)

-----

NO- -;:;;:::;::;;
;:;::::;;.,..,....,.,,..,
,----,
YOUR RELATIONSHIP TO THIS PERSON: l(bl( 5l; (b)(?(C)

AGE 18 OR OVER: YES

(b)(6); (b)(7(C)

ADDRESS :
(b)(6); (b)(7(C)

CITY:

L--------.J--

(b)(6); (b)(7

(b)(6); (b)(7(C)

..&,;,,,.----

STATE :

(C)

ZIP Code:

L.----.1

---Revised 1/24/2001

 I

-

Page 2 - Discrimination Complaint Form - Philadelphia Office

I

(b)(6); {b)(f(C)

HOME PHONE NUMBER :

(b)(6); (b)(7 (C)

BUSINESS PHONE NUMBER '-----------'

--

3. If we cannot reach you at your home or your place of business, we would like to have the
name and telephone number of another person (relative or friend) who knows where and
when we can reach you . This information is not re . utred, but would be helpful.

;f;:\. •
NAME ~rs./Ms

(b)(6); (b)(7

)

,):1..--..,......---r---:;-:::::":"'"--:-:-------;;-':':'7";';""."":.._
as
(First)
(Midd le)

PHONE NUMBER : IL(b-)(6_>._<b-)(7-(C_)_______________

_

4. OCR engages in resolution activities on discrimination complaints against Institutions and
agencies which receive funds from the U .S. Department of Education . We also engage in
activities concerning certain public entities that are subject to the provisions of Title II of the
Americans with Disabilities Act (ADA) . Please Identify the school, Institution or agency that
engaged in the alleged discrimination. If we cannot accept your complaint, we will attempt to
refer it to the appropriate agency and will notify you of that fact.
NAME OF INSTITUTION :

wes\e..-,Caneqe

DEPARTMENT/SCHOOL :
ADDRESS :

CITY:

:Dove(

STATE :

·n £

ZIP Code : L.9!l.o1__

Please indicate the relationship of the person(s) allegedly discriminated ~ainst
institution : student , parent , employee or other (please specify)

to the above

:\:u.de.o±

5. The regulations OCR enforces prohibit discrimination on the bases of race, color , national
origin , sex, disability , and/or age. Pl·ease fill in th~ specific basis or bases on which you
believe the alleged discrimination occurred :
', f\e. I 'I..
RACE/COLOR

NATIONAL ORIGIN __

SEX

DISABILITY•

AGE

*If OCR proceeds to complaint resolution In this matter, we may need you to provide
documentation of your disability.
Please Note: For employment complaints , OCR generally does not have jur isdiction over age
discr imination complaints in employment or individual race and sex allegations. In these instances,
please contact the U.S. Equal Employment Opportunity Commission (EEOC) . You can call 1-800669-4000 and ask ror the address of the EEOC office in your geographic area .

 )
Page 3 - Discrimination Complaint Form - Philadelphia Office

6. Briefly describe the discriminatory action(s) you would like OCR to resolve. We need to
know who did what to whom, and when and where the act(s) took place . For each alleged act
of discrimination, please describe why you feel the action was based upon race, color,
national origin, sex , disability, or age . (Attach additional pages if necessary) . If your
complaint is assigned for resolution. an investigator may ask you for a detailed description
and for relevant documentatio n

(b)(6) ; (b)(7

7. What is the date of the most recent act of discrimination?

(C)

OCR does not normally commence complaint resolution in those instances where the alleged
act of discrimination occurred more than 180 days before the date the complaint is filed . If you
did not tile your complaint within 180 days of each alleged act of discrimination or within 60
days after the decision by any internal grievance , due process hearing, court action or action
by any other investigating agency , please explain why you waited until now to file your
complaint.

8. Have you attempted to resolve the allegations contained in this complaint with the
institution through an internal grievance procedure or litigation?
YES

/

NO ___

_

If yes, please provide :
1) The type of grievance or litigation filed (grade appeal , sexual harassment compla int, etc )

 )

I

On!<b)(6);(b)(7(C)
received notification from Wesley College, Dean of
Student , Wanda Anderson. that her office had received reports that he was allegedly Involved in
filming a sexual act without the consent of the other party. He was charged with violations
#13.0 General Laws and #15.0 Sexual Misconduct: Sexual Exploitation . He was put on Interim
Suspension pending Judicial Board Hearing as to why he should not be terminated . He was
barred from campus and all affiliated property . In addition he instructed to have absolutely no
contact with the student Involved. He was instructed to call Melissa Elliott , Asst. Dean of
Students to discuss the formal Judicial aoard hearing process.
My son called Ms. Elliott right away and asked her what he needed to do to clear his self from
these charges that he had no involvement. All Ms. Elliott did was kept reading the paper over
and over again to him, He asked if he needed an Attorney and he received no answer . He
asked several time what he needed to do he had never been in the situation ever in his life and
did not know or understand the process. He told her several times he had nothing to do with
this he was not even home in the residence when this took place. She would not offer him
anything to help him to prepare for the Judicial Hearing . I feel he was discriminated because
this act reported was done to a female and he was a male. I feel she was very mindset that all
the boys were involved and did not want to hear what they had to say . They did no investigation
Into the reported rumor to the Dean . They just took what was reported and charged everyone
that resided In the house . They did not go out and investigate any other students that knew the
alleged violators to get any statements .

l

5>; (b){7(C)
When the Judicial Hearing came orf b)C
my son did not know what was going on he
went before the Board and he told them that he was very good friends with the victim and they
5); (b)(7(C)
but that Is all
hung out all the time. He told them he did lntroduce[(5m))JIto!<b)(
he was uil of. He told them he knew nothing about any filming until he was told by the victim ,
(b 6); (b (C)
a week later of what happened . He explained to the Board tha_the is much
respected on campus. He told them he was on the Dean's List his sophomore year, while
attending Wesley College. He said that they could speak too many of the professors there at
Wesley College and they would tell him he was very well liked and very respectful. After the
Hearing was over he was told he would receive notification from the Judicial Board of their
decision .

l

(6l, {b)(7
(C) 5he received a Judicial Affair Sanction Assessment terminating him permanently
On !<b)
from Wesley College . He was prohibited from being on Campus and if found would be arrested
for criminal trespass . He immediately called Ms. Elliot and told her again he had nothing to do
with this how could he be expelled for something he had no involvement with . He told her that
there are plenty of students that could prove he was innocent. She then told him that he did not
provide those students at the Judicial Hearing as witnesses and that was the time he should
have brought witnesses. My son explained to her that these students had class and he did not
know he had the authority to pull them out of class to come to the Hearing or he would have .
Ms. Elliott told him at that time if there is students you wanted to come to testify for you, and that
the Student Affa irs Office would have provided the professors emails that the students were
providing evidence . My son explained to Ms. Elliott that she never told him that when he called
her and asked what he had to do before the Hearing or he would have defin itely brought all

 these students in, including the victim , that would state he had no involvement in any of it. She
then just said well that was the time you needed to provide you witnesses and told him there is
nothing she could do for him .
This is where I then became involved in this case. I was aware of the whole situation and was
not famlllar with -any disciplinary processes at Wesley College . I called Wanda Anderson , Dean
of Students and explained to her that my son had nothing to do with these allegations that he
has been charged wrth and there are people that could prove this for him. Ms. Anderson said
that he had an appeal that he could file and she encourage !(b)(6); (bX l and I to file the appeal and
let them know and submit what we could that would support this . She indicated that the last
page will explain that Is students wish to dispute the outcome of the Judicial Board Hearing;
they may appeal their case to an Appellate Panel, which is chaired by the Dean of Student.
There was a criterion that the appeal had to meet. She told me if he wasn't sure how to file the
Appeal that they could get someone in Student Life to help him through the process . 1(6): (bl(7
and I immediately got In contact with (b)(6}; {b} l Ms. Anderson also gave b)(6) ; {b) permiss ion
to come on campus to meet with (b)( • (b)( 7 (C) to help him with his appeal. ( <6 ); (b) immediately
went to see~
and they began work ing on his appeal . There were several copies that were
done before the final appeal was submitted along with six (6) letters from students , nei hbor
victim, mother of the victim all indicating he was not Involved. Additionally , the victim, (bl(5 );
5); (b){7 !wrote an email to Ms . Anderson and told her that she knew who the student was that
was in violation . She also· stated that she wanted to meet with her , because of l<b)(6);(b)(7(C)
being expelled when he was not Involved. Since my son was not allowed to have any contact
with the victim during the hearing process he could not get anything from her because of the no
contact orde r. But this was definitely evidence, which if available at the time of hearing would
have had a significant effect of the outcome of the hearing to prove he was innocent.

!~~

!~~l
,<

I

I

This appeal was submitted to Mellissa Elliott, Asst. Dean of Students . Six days later , my son
received an email from Melllssa Elllott indicating she reviewed the appeal submitted and he did
not meet the criteria he selected and his case would not be forwarded to the Appellate Panel
(See Attached). He is defin itely being discriminated against as a male student because of the
nature of this case . This case was not investigated fully to give all the students a chance to
prove innocence .

So ·ust because of a rumor that was reported my son has lost his entire degree he was perusing
in (b){5 );
And he was removed from College because he is a male and because he lived at
the house the Incident took place and because the school wm not accept any evidence from the
student that would prove he is innocent. They just want to form their own opinion of him.

 Page 4 - Discrimination Complaint Form - Philadelphia Office

2) The person, by name and/or title, with whom you filed the grievance or litigation :

N e\\l 5St\.: EL\l c\± - f\.s&\-·TuAiJ ~ ~eni-6

.

--tl

3) The date you filed

-

(b)(6), (b)(7(C)

:

4) The status , as of today (if completed , what was the result) . Please provide a copy of the
final decision .

~D\,~

0

If you are alleging discrimination because of disability by a school district , has a due process hearing
been requested?

YES

J....\
A..

NO __

_

If yes, please submit a copy of the due process hearing request and decision, if available.

9. Generally, OCR does not begin complaint resolution in those instances where the same
allegations are the subject of litigation or an investigation or hearing with another agency or
review board. If the allegations contained in this complaint have been filed with any other
Federal, state or local agency, or any Federal or state court, please give details, dates and
copies of all complaint correspondence and/or litigation pleadings . We will determine whether
it is appropriate to engage in complaint resolution activities based upon the specific
allegations of your complaint and the actions taken by the other agency or court.
AGENCY OR COURT :

t,....
·\ A,

CASE NUMBER OR REFERENCE :______

DATE FILED :
_

RESULTS OF INVESTIGATION/FINDINGS BY AGENCY OR DECISION OF THE COURT
(Please provide a copy of the request and/or decision , if available .

 •

Uniled Stal" Dep•rtmenl
of Education
Office ror Civil Rl11hb
The Wanamakn Buildlnt
100 Penn quue Eau. Sui te S15

Philadelphia, PA 19107

CONS1;."NTFORM FOR USE OF PERSONAL INFORMATION
ame Cpr nt or t pc):

omplainant',

j

b)(6); (b)(7(C)

lns 1i1u1io • ,\galn11 Which Compl a int Filed: __

~

__t_

Plun 111111
and date ,eccion ,\, 1ec:1lo• B or Hcl Ion C and relltrn to the 1bon add res,:
l hav e rud 1he .~«uon. ' !nves1igo1oryUsu o( Personal ln(ormauon" in 1he OCR Jocument "!nfom,auon ubout
Ol: R'J Campla,nc PToccrnng Proccd.llrcs." which c~pl1ins OC R's use of penomd inforYT1a
lion. l undcrsi;nd 1ha11he
Pnv:ley Actuf 1974, SU S.C. § SS2a, and 1hc Freedom aflnfonnalion Act(FOIA). SU S.C. ~ l52. govcm 1hc use
of personal Information subm1ncd ro all Federal gencies and their individual components, includ111gOCR I ,..11(
,11opero1c with OCR's 1nves1iga1 on :ind complaint resolution ~c1iv,1ies undenaken on my behalf. I undcrs1and 1ha1
my failure 10 cooperat e with OCR's investigation may rcsull n lhc closure of my complaint.
I It!!!OCR my ro nsent 10 rn nl my ldealily (a nd/or 1h11 of my minor child/ ward on ,.hose hrh•lf lhc
co mplalnt is Oltd) lo rhe in,tilullon 1llt11cd lo hau diurlmin11~ . u writ a, 01hcr per,on, and entities 1111
1side
Ir OCR. in lhe coune uf ii inn Ii alio
rces11ry to do , o.

(b)(6); (b)(7(C)

U

I &!!..!!.s!J.1i~eOCR my co n cnt lo rr cal my ldtnilry (and/or that of m7 minor child / ward 1111,.hose bchalr the
co mplain! Is nlcd). t unt!cr,t;u,d thal ()CR may have 10 close rh,s cumplainr if( )<.:R i• unuhte 10 proceed wuh an
,nvc,11 ,uion w11t,ou1
rcleas,n i1 my 1<lun
11ty(, ml/or 1ha1 ofmy minor child/ward on whose bc:hall' rhe ~ompl3in l is
tiled),

Oatc

l'

\lltrn,1lvdy. if o u are nnl f11in11hiJ compla lnr Oft )Dur o>wn beh:,lr or on he half o f yo ur own minor c hlld l
... ar d, ynu arc rr•ponsible rqr obla nin1 written con,ent from !he P"r<on on whose behalf lht comp!• nl is nib.I
o r. ,r hr or ,he ;, a 111nor . 1h, 1 person ' , parcnll itua"li•n .
I ave ru t! this ducum•nt , ond I .Jgrec w11h lhe person "hq 1;1cd 1h1>com r,l.1inr I wr, h )OU In pro,:rcd wrlh C)CR ',
,n1<
c,1, •auun Jn<.Irc,,.,lu1rnn pro~css. I i:;lvc rn~ c,1n,c:n1 1'11
r OCR 11,'"""' ' ,ny 1Jcn111 ll.lndlnr 1h11 11r
my m,nnr
~hild / ,.ud nn ,.hc>'14!hchal f 1hr cornpl•inl is filtdl IU •lhcr r,1:rsm1>111lh~ ,•~lcnl ncn· ,,U)I i'()r lh~ purpuw !l
,~~11h1111
>n ur rnv~-~il~JI ,un 1,f !h1 ,·,, ri,pl:i in1
'fome ( prlnl ur

t

pr J:

---

-- ,- --

--

-- - ---l)a(e

5

0

 (

•

n11rd :1.11n Drpar1111rn1 or F.ducalion
Omer ror Ci•ll RhtbU
TIit Wan•m•ker
Buildln1
100 Ptnn q1are Ent. Suite 51S
Phil•dclph 1, PA 19107

CONSl::NT FOR W FOR USE OF PERSONAL INFORMATION
(b)(6): (b)(7(C)

Compl1inan
lnslllullon

1'1

,\galnu

ame (pr i nt or I pr) :
\! hich Compl11n1 filed :

P1~H 1l1tn and d ale ~«t lon

, J«llon

B o r nc!lon C ~nd nturn

lo •h• above adllrcn:

I have rud 1he cc11on. ' lnvcstl ,ga1ory Uses of Personal lnform11io n " 1n 1hc OCR document · rnfOITJ'lanon lbou1

OCR's Com pla in! Processin Pro<:cd urcs .'' which c~plai1u OCR', use of personal informa tio n . I undtritand 11ia11he
Privacy AC! of 1974 . SU .. C . S~?a.~nd 1hc Freedom of lnfonnalion Acl (FOIA). 5 U.S .C . ~ S52, iiov cm lhc use
of personal informat io n sl.lbm,ucd 10all Federal gcnc1es and their 1ndMdual componcnu. mcludin OCR. I will
.:oopt1a1c nh OCR 's ln,;cs1iga1l,m 3nd com plain! rcsolu t on ac,lv,ues unJen~ken on my behalf . I und cut and that
my follu,c 10 coop cntc wich OCR's invcst fga11on mt)' ruuh 1n lhc clo 1urc or my compla1n1 .
/\..

I m,sOCR my con,cnl lo rnul
my id tnlll y (and/or that or my minor childJwud on ,.hose h,half lht
rnmpl alnt is nlNI) lo 1he hmllu1ion 11!,g«l 10 ha,;,: dlsulmln11Nt , a,, w,11 u 01her pcnons 1nd cntitiu ouuldt
Ir O R. in lhe count or ilJ lnvnli,:•Uon or ror cnr orc c
nd1 II n•usnry
to d o ,o.

(b (6):

)(7 C)

OR
I ~ aiv, OCR my cun un1 10 ru ral my ldt111lly {1nt.llo r 11111or my minor chll dhnrd un •hon brhalr lhe
complaint s ntctJ). I umkr5 land 1hai OCR mlly haYt 10close 1h1scompla int roc.:R
a, unuble 111proceed w,th an
111Yt:\llg
a11un wnh\lul rdras,n~ my 1tlcnes1~t,IOdlOT 1h01 of rn) rn,nor ch rlJ/1 urd m whos e.,behalf 1hc compl3 1n1ls
lilcd ).

n,,.
C

,\llrrn1Unly,
Ir ym1 arr not filint 1his co1npl1in1 on yo ur own bth>1lr or on hrh1lr o f yo ur ow n rn,nor child/
,...,d, you art rc,p11n ibl c for ob i a nln,; wrillrn coMenl fr11m !ht prr< on on who c brhalrt he compl1ln1 , nlcd
or. Ir ht or , ht is :,i minor , tha t pcr>ufl'll p arrn l/ 11uanHan.

>""

1 h~~e '""d lh1s Jocurncol. ,1nJ I ·'~'""
ul, 1he flC'lOO "ho lilcJ 1h1s cnmpl;1in 1 I w 1,h
111prmc.:J ,.,,h tX'R ',
" ""11
.inJ rc,11lu1ir1~pn>cc~\ . I ~i.t m Wflwnr l\}r· 1)t'R HI , c,~ul rny 1J~m lt~ (11nd /nr rhac nr my min.,,
~hildl wart.l n n .. 1111,~ht half th ~ «1"'1plain 1 11 lil<UI tu uthcr rcr,m1~ lu 1ht """"' 11~~.:,,.,ry r'or 1h" rurpu,c ur
r ...
• ul1n 1(>n nr m°"'\.',tili£ JI hu1 o,.1h1,;i.·,nnp!,1m

!;""""

"'" m' (prln l or l~ p<)'. -

- - --

__

_ --

--

-

_ _

 Richardson,
From :

"yj,

Sent :

/,

Peggy
V

To :

Subject:
Attachment$ :

Carey. Robert M. <Robert.Carey@e d .gov>
Tuesday, May 12, 2015 3:23 PM
Richardson, Peggy
FW: Scan from a Xerox WorkCentre
DOC.PDF

From : OCR Philadelphia!SMTP ·OCR.PHILADELPHIA@ED .GOV)

Sent: Tuesday , May 12, 2015 2:22:40 PM
To: Carey , Robert M.
Subject : FW Scan from a Xerox WorkCentre
Auto forwarded by a Rule

From:

I

(b)(6) ; (b)(7(C)

Sent : Tuesday, May 12, 2015
To: OCR Philadelphia

2:21·49 PM

Subject: Fwd. Scan from a Xerox WorkCentre
Auto forwarded by a Rule

Tl (lt"'

"

I

(b)(6) ; (b)(7(C)

1

 DISCRIMINATION COMPLAINT FORM

U. S. Department of Education
Office for Civil Rights
Pf111adelphf
a Office
The Wanamaker Building, Suite 515

100 Pen.Al
Sq'lare East
Philadelphia, PA 19107
Phone: (215) 656-8541
FAX: (215) 656-8605
TDD: (215) 656-8604 (Devlce for the Deaf or
Hearing Impaired)
(Un formulario en espanol

E-MAIL Address: ocr_philadelphia@ed.gov

esta disponible

a petici6n de /os lnteresados.)

In order to file a complaint with the Office for Civil Rights (OCR),. you must provide your request in
writing. You may send us a letter which you sign or you may complete this form. If you use this form,
please type or print all information and please use additional pages if needed. If you have any
questions or need assistance in completing this form, please call us at (215) 656-8541 .
You may FAX or E-MAIL this form, however, an original signature Is required . In order to satisfy this
ret1ulrement,please mail the last page of this form (Consent for Revealing Your Identity) with an
original signature to the address above.

1.

Name of person filing this complaint:

!....

NAME {Mr./Mrs./Ms.): -.:::_
6"""~
....
~
.:b=)
.,,.(_7(_
=c=)
===== (T'"
I- ....
,-,J=l)=========: (:lvfflllU
:U:le~tl'""\
.1
...-(b)(6)
; (b)(7(C)
ADDRESS;
;;;.
(b.;;;,
)(6,;;:;;
);'""
(b..,.,)
(...,7(C=)
----,l------======:.-----""""ffi'
CITY:
STATE:J\~{~:; (b)
HOME PHONE NUMBER:

~l
(b::;:;:
)(5;;::
l;::;;:
(b:;:;
)(7;::;::;
(c;::
) ===

! best time to call:

(b)(6); (b)(7(C)

NO __

YOUR RELATIONSHIP TO THIS PERSON:
ADDRESS:
(b)(6); (b)(7(C)
CITY:

v"A .M.~P

FAX NUMBER: (_J
(b)(6); (b)(I
---

Name of person alle edl discriminated a ainst if other

__

-

-

;L best time to call: __ AM . 6,·"P.M.

E-MAIL ADDRESS (if available) (b)(5l; (bl(7(C)

AGE 18 OR OVER: YES_/

--

~"'ii:-;'77/r\
,
ZIP Code: !(b)(5); (b)(7(Cl ~---

BUSINESS PHONE NUMBER:!(bl<5>; (bl(7(Cl

2.

-

.M.

-

rson filing) :

_
!(b)(5l; (b)(7 (C)

(b)(6); (b)(7(C)

'-----------

STATE (b)(6); (b)(7

Zip C d . J1b)(6); (b)(7
O e. JG}

I

----

Revised 1/24/2001

 I

-

Page 2 - Discrimination Complaint Form - Philadelphia Office

HOME PHONE NUMBER :

!L(b_)<6_);-(b_
)<7
_<c_) ------

-

BUSINESS PHONE NUMBER: ~L(b_l<6_l;_<b
_l<7_<c_J____

~-

-

3. If we cannot reach you at your home or your place of business, we would like to have the
name and telephone number of another person (relative or friend) who knows where and
when we can reach you . This information is not r_~qutred,but would be helpful.

I.
1-,.c-a-s,
....
J-----,(rFi::::rs::rt).------;
<T.Mn:1a:r.:di1.1e~)
..,._,....,,..~-----------------,
6
PHONE NUMBER :
r.>..

NAME~virs./Ms

l(b)(6); (b){7{C)

,): _

IL
{b-){5
_<c_)________________
_)._( _l<7

_

4. OCR engages in resolution activities on discrimination complaints against Institutions and
agencies which receive funds from the U.S. Department of Education . We also engage in
activities concerning certain public entities that are subject to the provisions of Title II of the
Americans with Disabilities Act (ADA) . Please Identify the school, Institution or agency that
engaged in the alleged discrimination. If we cannot accept your complaint, we will attempt to
refer it to the appropriate agency and will notify you of that fact.

NAME OF INSTITUTION:

wes\e..-,Caneqe

DEPARTMENT/SCHOOL:
ADDRESS:

CITY:

:Dove(

STATE :

·n £

ZIP Code : L.9!l.o1__

Please indicate the relationship of the person(s) allegedly discriminated ~ainst
institution : student , parent, employee or other (please specify)

to the above

:\:u.de.o±

5. The regulations OCR enforces prohibit discrimination on the bases of race, color , national
origin , sex, disability , and/or age. Pl·ease fill in th~ specific basis or bases on which you
', f\e. I 'I..
believe the alleged discrimination occurred :
RACE/COLOR

NATIONAL ORIGIN __

SEX

DISABILITY•

AGE

*If OCR proceeds to complaint resolution In this matter, we may need you to provide
documentation of your disability.
Please Note: For employment complaints , OCR generally does not have jur isdiction over age
discr imination complaints in employment or individual race and sex allegations. In these instances,
please contact the U.S . Equal Employment Opportunity Commission (EEOC) . You can call 1-800669-4000 and ask ror the address of the EEOC office in your geographic area .

 )
Page 3- Discrimination Complaint Form - Philadelphia Office

6. Briefly describe the discriminatory action(s) you would like OCR to resolve. We need to
know who did what to whom, and when and where the act(s) took place. For each alleged act
of discrimination, please describe why you feel the action was based upon race, color,
national origin, sex , disability, or age. (Attach additional pages if necessary) . If your
complaint is assigned for resolution. an investigator may ask you for a detailed description
and for relevant documentation

(b) 6); (b)(7( )

7. What is the date of the most recent act of discrimination?

OCR does not normally commence complaint resolution in those instances where the alleged
act of discrimination occurred more than 180 days before the date the complaint is filed . If you
did not tile your complaint within 180 days of each alleged act of discrimination or within 60
days after the decision by any internal grievance , due process hearing, court action or action
by any other investigating agency , please explain why you waited until now to file your
complaint.

8. Have you attempted to resolve the allegations contained in this complaint with the
institution through an internal grievance procedure or litigation?
YES

/

NO ___

_

If yes, please provide :
1) The type of grievance or litigation filed (grade appeal , sexual harassment compla int, etc )

 )

On!(b)(6);(b)(7(
C) 1!Cb)(6)
; (b)(7(C)
Ireceived notification from Wesley College, Dean of
Student , Wanda Anderson. that her office had received reports that he was allegedly Involved in
filming a sexual act without the consent of the other party. He was charged with violations
#13.0 General Laws and #15.0 Sexual Misconduct: Sexual Exploitation . He was put on Interim
Suspension pending Judicial Board Hearing as to why he should not be terminated . He was
barred from campus and all affiliated property . In addition he instructed to have absolutely no
contact with the student Involved. He was instructe d to call Melissa Elliott , Asst. Dean of
Students to discuss the formal Judicial aoard hearing process.
My son called Ms. Elliott right away and asked her what he needed to do to clear his self from
these charges that he had no involvement. All Ms. Elliott did was kept reading the paper over
and over again to him, He asked if he needed an Attorney and he received no answer . He
asked several time what he needed to do he had never been in the situation ever in his life and
did not know or understand the process. He told her several times he had nothing to do with
this he was not even home in the residence when this took place. She would not offer him
anything to help him to prepare for the Judicial Hearing . I feel he was discriminated because
this act reported was done to a female and he was a male. I feel she was very mindset that all
the boys were involved and did not want to hear what they had to say . They did no investigation
Into the reported rumor to the Dean . They just took what was reported and charged everyone
that resided In the house . They did not go out and investigate any other students that knew the
alleged violators to get any statements .

I

When the Judicial Hearing came on !(b)(6); {bJ(7{C) my son did not know what was going on he
went before the Board and he told them that he was very good friends with the victim and they
, {b)(7(C
)
but that Is all
hung out all the time . He told them he did lntroduce l(b)(6)
; <lto !(b)(6)
he was guilty of. He told them he knew nothing about any filming until he was told by the victim ,
l(b){6); (b)(7(C)
a week later of what happened . He explained to the Board tha_the is much
respected on campus. He told them he was on the Dean's List his sophomore year, while
attending Wesley College. He said that they could speak too many of the professors there at
Wesley College and they would tell him he was very well liked and very respectful. After the
Hearing was over he was told he would receive notification from the Judicial Board of their
decision .

I

l

On !<b)(6); (b)(7(C) !he received a Judicial Affair Sanction Assessment terminating him permanently
from Wesley College . He was prohibited from being on Campus and if found would be arrested
for criminal trespass . He immediately called Ms. Elliot and told her again he had nothing to do
with this how could he be expelled for something he had no involvement with . He told her that
there are plenty of students that could prove he was innocent. She then told him that he did not
provide those students at the Judicial Hearing as witnesses and that was the time he should
have brought witnesses . My son explained to her that these students had class and he did not
know he had the authority to pull them out of class to come to the Hearing or he would have .
Ms. Elliott told him at that time if there is students you wanted to come to testify for you, and that
the Student Affa irs Office would have provided the professors emails that the students were
providing evidence . My son explained to Ms. Elliott that she never told him that when he called
her and asked what he had to do before the Hearing or he would have defin itely brought all

 these students in, including the victim , that would state he had no involvement in any of it. She
then just said well that was the time you needed to provide you witnesses and told him there is
nothing she could do for him .
This is where I then became involved in this case. I was aware of the whole situation and was
not famlllar with -any disciplinary processes at Wesley College . I called Wanda Anderson , Dean
of Students and explained to her that my son had nothing to do with these allegations that he
has been charged wrth and there are people that could prove this for him. Ms . Anderson said
that he had an appeal that he could file and she encourage !(b)(6);(bX and I to file the appeal and
let them know and submit what we could that would support this . She indicated that the last
page will explain that Is students wish to dispute the outcome of the Judicial Board Hearing;
they may appeal their case to an Appellate Panel, which is chaired by the Dean of Student.
There was a criterion that the appeal had to meet. She told me if he wasn't sure how to file the
Appeal that they could get someone in Student Life to help him through the process . !(bJ(6J, (b)(7
and I immediately got In contact with (b(6); {b) ) Ms. Anderson also gave !(b)(6)
; (b)(7 permission
to come on campus to meet with (b)(6: (b)(7(C)to help him with his appea l. !(b)(6)
; (bX Iimmediately
went to see Rfil!filJand they began working on his appeal . There were several copies that were
done before the final appeal was submitted along with six (6) letters from students , neighbor ,
victim, mother of the victim all indicating he was not Involved. Additionally , the victim,i<bJ(6); ( I
l<b)(6);
{b){7Iwrote an email to Ms . Anderson and told her that she knew who the student was that
was in violation . She also· stated that she wanted to meet with her , because of !(b)(6)
; (b)(7(C)
being expelled when he was not Involved. Since my son was not allowed to have any contact
with the victim during the hearing process he could not get anything from her because of the no
contact orde r. But this was definitely evidence, which if available at the time of hearing would
have had a significant effect of the outcome of the hearing to prove he was innocent.

I

I

I

This appeal was submitted to Mellissa Elliott, Asst. Dean of Students . Six days later, my son
received an email from Melllssa Elllott indicating she reviewed the appeal submitted and he did
not meet the criteria he selected and his case wou ld not be forwarded to the Appellate Panel
(See Attached) . He is definitely being discriminated against as a male student because of the
nature of this case . This case was not investigated fully to give all the students a chance to
prove innocence .
~

.,.,....,,,....,.,.-.----------:-Ll
(b.-)(....,
6 ),..,.
; {b
-)(_7(,-C)--,'"'"=""""
___
-:---~---:-.-:-.-b)(6)
; (bl( and he loves college and wanted to clear his name and continue on with his
He addltlonally , b}(6);{b (CJ

So ·ust because of a rumor that was reported my son has lost his entire degree he was perusing
in (b)(5); <
And he was removed from College because he is a male and because he lived at
the house the Incident took place and because the school wm not accept any evidence from the
student that would prove he is innocent. They just want to form their own opinion of him.

 Page 4 - Discrimination Complaint Form - Philadelphia Office

2) The person, by name and/or title, with whom you filed the grievance or litigation :

N e\\l 5St\.: EL\l c\± - f\.s&\-·TuAiJ ~ ~eni-6

.

--tl

3) The date you filed

-

(b)(6), (b)(7(C)

:

4) The status , as of today (if completed , what was the result) . Please provide a copy of the
final decision .

~D\,~

0

If you are alleging discrimination because of disability by a school district , has a due process hearing
been requested?

YES

J....\
A..

NO __

_

If yes, please submit a copy of the due process hearing request and decision, if available.

9. Generally, OCR does not begin complaint resolution in those instances where the same
allegations are the subject of litigation or an investigation or hearing with another agency or
review board. If the allegations contained in this complaint have been filed with any other
Federal, state or local agency, or any Federal or state court, please give details, dates and
copies of all complaint correspondence and/or litigation pleadings . We will determine whether
it is appropriate to engage in complaint resolution activities based upon the specific
allegations of your complaint and the actions taken by the other agency or court.
AGENCY OR COURT :

t,....
·\ A,

CASE NUMBER OR REFERENCE :______

DATE FILED :
_

RESULTS OF INVESTIGATION/FINDINGS BY AGENCY OR DECISION OF THE COURT
(Please provide a copy of the request and/or decision , if available .

 GreatThingsAwait
J<b)(6); (b)(7( C)
(b)(6) ; (b){7(C)

Dear)lbl(6);(b)(7(C)

My office has received reports that you were allegedly involved in serious violations of the Wesley
College Student Code of Conduct. Specifically, the initial investigation indicates that you participated in
the knowledge or consent of the other party. You are being charged with the
following Student Conduct violations: #13 .0: General Laws: Violation of Delaware Privacy Law and
#15.0: Sexual Misconduct : Sexual Exploitation .

-

filrnina
a sexualact without

In light of the seriousness of these alleged violations of the Student Code of Conduct, it is my belief that
you pose a threat to the health, safety and welfare of our campus community. Consequently, and effect ive
immediately, the College is imposing upon you an Interim Suspension pending a Judicial Board
Hearing, to show cause as to why your relation.ship with w ·esley College should not be terminated ..
During the Interim Suspension period, you are barred from the campus, including all residence halls,
athletic facilities, Wesley West, and affi1iated property . You are not authorized to attend classes while
under the Interim Suspension. You are not allowed on any College grounds without advanced clearance
from my office . Failure to follow these restrictions will constitute trespassing ,and will result in an arrest.
You are abo lnatructed to have absolutely no contact with the student involved. This means no
attempts to speak to the other student in penon, by phone calls or texts, by contact through social
media, or by using • third party to speak for you.
You do have the right to go through the college's student conduct process to respond to these charges.
Please call or email Melissa Elliott, Assistant Dean of Students, at Melissa .Elliott@wesley .edu to discuss
the procedure . During this conversation you and Mrs . Elliott will discuss the formal Judicial Board
bearing process . She will also convene the board and inform you of the date and time of your hearing.
You must contact Mn. Elliott within three business days. If you do not contact Mrs . Elliott or do not
show for your hearing, your Interim Suspension will become an official suspension or permanent
expulsion from Wesley College.
On a personal note, I encourage you to notify your family immed iately. Should you or a member of your
family have questions regarding this letter, please cell me at (302) 736-2506. l trust that you understand
the severity of your current situation .

Sinli
~
~.

Wanda And<Tson

Dean of Students
Cc:

Dr. WiUiam N . Johnston, President of the College
Melissa Ellfott ., Assistant Dean of Students/Interim Director of Residence Life
Walt Beaupre, Director of Safety and Security

 rt,W~L~\~y

Dean of StudentsOffice
Wesley College
Office of Student Life
Dover, DE 19901

Great Things Await

(302) 736-2S06

JUDICIAL AFFAIRS SANCTION ASSESSMENT
TO:

(bl(tll; {b)(7(c;J

Code of Conduct Charges as Listed
lo The Student Handbook:
•
•

Wesley ID#:

!<bl{6); {b){7

INCIDENT DATE:

# 13.0: General Laws
#15 .0: Sexual Misconduct

I

lE(b~
)(6::!:
l;~Cb
:l(7~
:.!:(c:.:.
l ______

__.

I

During your Judicial Board Hearing on !(bl(6 l, (b)(? (C)
you were found responsible for the violations of the
Wesley College Student Code of Conduct as listed in the charges above. As a result of the Judicial Hearing,
your sanction is:

SANCTIONS:

• DISOPLINARY EXPULSION from Wesley College.
This expulsion is effective immediately .
Disciplinary Expulsion means that the relationship between you and Wesley College is permanently terminated .
You arc prohibited indefinitely from taking classes or being present on college owned or controlled property. If
you are found present on college property without pennission from the Dean of Students Office, you will be
subject to arrest for criminal trespass.
FIND1NG OF FACT:
Based on all of the evidence and testimony presented during the judicial board hearing. the board has found that
you arc responsible for violating the above items of the Student Code of Conduct. Wesley College has a zero
tolerance policy for sexual misconduct. Given that you were involved in the planning and implementation of
attempting to violate the privacy of another studen~ the board felt that expulsion was necessary and that any
lesser sanction would not be appropriate.

HEARING OFFICE
(b){6); ( )(7 C)

DATE IMPOSED: j(bl(5); (bl(7(C}

TITLE:
r (6); (b)(7(C)

I

 I

)

This letter serves to notify you of the sanction imposed, which shall be ordered into effect immediately on the
date that it is imposed. This infonnation shall become a part of your conduct record in the Dean of Students
Office .

For Dean of Students Office Use Only (Notation regarding completion of conditions of sanction, where
applicable, or the filing of additional charge for a violation of judicial sanction).

XC:

file

Exit Date: ,~~~r (b)

l

 )

APRIilPrPCUurn
Students who wish to dispute the outcome of a Judicial Board Hearing. may appeaJ their case to an App ellate Pane~ which is
chai n:d by the Dean of Stu dents and cons ists of two addit ional college officials, one faculty and one staff member , appointed by
the President oflhe College.
To init iate the appeal process, the stu dent must complete an Appellate Fonn and subm it it to lhe Director of Residence Life, or a
desi gnce. within ten (10) College Business days from the "Exit Date" noted al the bottom of the Sanc tion Assc:s,ment Fonn that
the studen t received following their Judic ial Board Hearing . An appeal must contain completejustiflcation and details abo ut why
the scudent feels an appcaJ should be granted. An appealls nQt a rehearing of the original case. In order for an appea l 10 be
reviewed by the Appellate Panel, one of the following criteria must be met:

I. A substantive procedural em,r occurred that significantly affected the outcome of the hearing.
2. New evidence that was not available at the time of the hearin g. which, if introduced. would significantly affect the outcome
of the hearing .
3. The S!lnctio n is significantly Incon sist ent with Institutional guidelines and/o r past pract ices.

If It is det ermined that then: Is just cause for an appeal by meeting one or more of the criteria listed above, the Director of
Residence Life, or a dcsignee, will forwar d the entire case file to the Dean of Students. Chair of the Appellate Panel. Th e
Appe llate Panel will review all of the documents related to the case. heuin g. and SW1ctionassessmen t, and will take one of the
followin g two actions:

i. Affirm the decision of the origin al hearing body
ii. Remand the case back to the Judic ial Board. with instructions.

Alldubte11medc
bxtheAoPClletc
P111l1u FINAi,

 q._
(b_}(6
_);_(b
_}Cl
_<_c_
J __

!request my case be heard by Wesley College's Appellate Panel for the following

charges:
#13.0 General Laws

#15.0 Sexual Misconduct
This ap,e;tl ls based on:
1.) New evidence that was not available at the time of the hearing, which if Introduced, would
significantly affected outcome of the hearing.
A report was made by a student and/or those that heard about the incident that happened on !(b)(6); (b

l~~~,i
:(b)

I

~o Security at the home in which I reside. My name was given as being Involved with the

Incident. Even though I live at the house where this incident occurred, I was neither part of, nor home
during the Incident. I spent the night over some frlend' ·s house. This error has had a significant effect to
the outcome of the hearing. (To support this I have attached several letters from a friend, neighbor and
students that were unavailable to attend the Judicial ,-tearing, of whom they have stated my
whereabouts on the date of the Incident).

(b)( }, (b)(l{CJ

came to my home that night and I walked

L---- -----__,

her upstairs to Introduce her to (b (6);(b) C)

. I stood there and talked for a little while

with the both of them , then I left and came back downstairs. That Is all that I am guilty of Is introducing
two friends together. After I came downstairs there were a lot of peop le there and I told them they
<b
_}{_
6>_;(b
_}{7
_ (_c_>___
were going to have to leave because I was leaving. After that I left and went to IL..
m]house

.....

for the night.

According to the findings of my Judicial Affairs Sanction Assessment I was involved In the planning and
implementation

of attempting to violate the privacy of another student and Conduct Code of Polley for

Sexual Misconduct. Those charges were imposed upon me falsely because I was not even at the house.
I did not plan anything I simply Introduced ~(b)(6); (b}(7(C)

!because they were both my fr iends. I was not

involved in any of the activities that took place, nor the knowledge of it until afterwards when I was told
it happened . If r had known about it prior, I would have never let it happen.
New evidence that was not available at the time of the hearlne: which, if introduced, would significantly
affect the outcome of the hearing is that the victim having gained knowledge of exactly who was
responsible for the taping and reported the same to Wanda Anderson, Dean of Students of her
knowledge. Additionally, are the letters receive from !{b)(6); (b)(7(C) land !(bJ(6J
, (b}(l(C) both students at

l

Wesley College, that were unavailable to attend the Judicial Hearing because they were both In class,
but can provide crucial evidence that I was at their house on the night of the Incident all night (Letter's
Attached) , Also, a letter from !(b)(6); (b)(l(C)

!my neighbor, that was unavailable to attend the Judicial

hearing because of her work schedule, who saw me leaving my residence and had a conversation with
me before I left (Letter Attached). A letter from !(b)(6); (b)(?(Cl

!(b)(6); (b)(7(C)

~ Appeal - Page 2

Ia friend and student at Wesley

 College, that was unavailable to attend the Judicial Hearing because he was in class, that was at my
house the night of the incident and was one of the people that I asked to leave the house because I was
going to leave and can verify I asked people to leave and that I left .too (Letter Attached).
Additionally, a letter from !(b)(6); (b)(7(C)

!the victim. Per instructions In the Interim Suspension, I was

unable to have any contact with her. She knew that I just Introduced hert~ (b){6)
; !and she knew I left
the house. She had the first hand knowledge I left my house after she came over . I wasn't able to
'
contact her In any way so I was unable to provide her as a witness at the Judicial Hearing. Nor could I

-

ask her for a statement to provide for the Judicial Hearing. I spoke to her after I received the notice of
my expulsion and she provided me with a letter to submit (Letter Attached). I feel lf her letter along
wjth the others, if they had been available, and If introduced would have been a significant effect on the

Ithat was also

outcome of the hearing . I have also received a statement from !(b)(6); (b)(7(C)

unavailable at the time of my Judicial Hearing because of the fact Fb)(6),(b)(7(C) t-Yasthe victim and I
figured that she would be considered

a third

party connection and didn't want to violate the

instructions given. However after I received my notice of expulslon

I spoke

to her and she wrote

a

statement on my behalf and this should speak towards my character as a person here at Wesley College
{Letter Attached).

I have never been in any trouble before while attending Wesley College or any College. I am unfamiliar
with any of the processes or hearings. I thought the Informal hearing was the Educational Conference. I
thought the Formal Judicial hearing was the Informal hearing. I thought that I had one more hearing
before going to this level.

I was unaware of the severity of the Judicial Hearing.

I will go out of my way to help any student at Wesle Colle e. (b (6); (b)( (C)
j<bJ(6)
; (b)(7(Cl

I (b)(6),(b)(7(CJ

Many of the Professor's here at

Wesley College that know me wlll speak of me and say that I am very respectful. And as I walk around
campus everyone that knows me smiles and waves. I have made some awesome friends while I have

been here at Wesley College.
I hope I have provided enough evidence that prove I am innocent of these charges and proof that I had
no Involvement In this Incident. I would like to get reinstated into Wesley College and continue my
education.
!(b)(6); (b)(7(C)

!Is a very good friend of mine and I would do whatever

I could to protect her and for

anyone for that matter .

I pray the Appellate Panel will rescind the Expulsion to Wesley College and I am reinstated as soon as
possible.
Respectfully Submitted,
l(b)(6); (b)(7(C}

 •1

•

Dean of Students Office
Wesley College
Stude nt Life Office cc 1.25
(302) 731..2508

INTENT TO APPEAL FORM
(Please Print)

In order for an appeaJ to be reviewed by the Appellate Panel, the following criteria must be met:
1. A subst'antive procedural error occurred that significantly affected the outcome of the
hearing.

2. New evidence that was not available at the time of the hearing. which, if intr odu ced,
would significantly affect the outcome of the hearing.

3. The sanction is significantly inconsistent with institutional guidelines and/or past practi ces.

l

(b)(6); (b)(7(C)

I,

• request that my ·case be heard by Wesley

,
PnntNune

College's Appellate Panel for the following charges:

~;o~+j A ,,

0

f

Oct~~~

pr

\3 ,0 - C:,CL\e.cl':::) Io...&a6

t"''{ 1~~5

THIS APPEAL IS BASED ON (check all that apply):

~A substantive procedural error occurred that significantlyaffected the outcome of the

0

hearing.
1

.~~ould
:

r

.

ew evidence that was not available at the time of the hearing, which, if introduc.:ed,
significantly affect the outcome of the hearing.

The sanction is significantly inconsistent with institutional guidelines and/or
practices.

past

(6); (b)(7(C)

moenrs Signature and Date
Please provide information to aupport the above selected ground(•) for appeal (You may use the
back of this form oc attach addittonal typed pages):

(Form Continued on Back)

 (
.-,.
··'
(b)(6); (b)(7(C)

To wt'lom this may concern, on the night ot tne Incident, mysett and a tew ottters were at the
!askedme and other friends to leave the house because he
house h~n9ln1 out. When !(b)(6), {b)(7(CJ
was golns out to a friend's house for the night We all left the house with In the same time frame I
personally remember him leaving for the nlsht and at no point would he have been able to have been a
part of the Incident when he was not even there to witness It. It Is for this reason I whole heartedly
belleve that! (b)(6); (b)(7(C) )deserves reinstatement to Wesley COiiegeso he can continue his studies.
Durlna my time here at Wesley I've aotten to knowl <b)(6); (b)(?(C)
!and truly see his character, and I can

honestty say that If he knew WI at was actually going on, he would've done all In his power to stop It.
b)(6);(b)(((CJ

 \ )

...

()

To WhomIt May Concern:
My nameis !(b)(,;'); (b)(?(C)
landI live.at (b)(6); (b)(7(C)
I was
writingthis letterto informyou thatI in fact saw (b}(6); (b)(7(C}
eavm his residenceon
l(b)(6) ; (b)(7(C)
Ion (b)(6); (b)(7(C)
at approximately(b)(6); (b)(7(C)
He stoppedandtalkedto me
for approximately15 to 2 mmutes. If you have any questionsor concernsplease feel free to contact
mC?_
at !(b)(6); (b)(7(C}
!or at !(b)(6); (b}(7(C)
~
Sincerely.
l(b)(6); (b)U (C)

 To whom this may concern,

Ihas been expeUed from school for actions that he was unaware

!(b){6); (b)(7(C)

of as well

as uninvolved; ~lltese actions included filming a sexual act without knowledge or consent of

!l~l~t
(b) ~as been staying at my
from spring break. !\bl(6); (bl Iis innocent because

another party, sexual misconduct, 8.J.ld
sexual exploitation.
residence every single night since we returned

,

the night of the incident he

was with me and was not informed of the situation until after it had

occurred. I regretfully did not attend! m[6>; (b}(7 ~riginaljudicial

hearing as a witness because I had

class at the time and l did not understand the se'.'.erity of the situation. In my knowledge, I knew
W?
),(6); (b)(7 lwas with me that night and therefore, assumed his trail would not result in his

expulsion. From being close mends with!~{~t(bl
(b)(6); (b)(7

Knowingl

in

with the victim.

!since my freshmen year orientation, I can truthfully acknowledge that it is not

!\~(6); (6)(7 Icharacter
1

!I am witness to his friendship

to put a friend in harm's way. It is a disheartened feeling to see an

innocent student expelled without full acknowledgement of the evidence at hand. Any questions
or concerns I can be contacted at
f bJ(6J, (b)(7(CJ

Thank you,
(b)

(b)(6); (b)(7

5>; (b){7{C)
j<bl(

!or by my student email

 To whom it may concern ,
My name is {bJ{6J; (bJ <CJ
and I am f(bJ{5 J; (b){7<CJ
~oommate. I am writing this
statement to confirm that (bl(5); (b)(7 (c
s at my house at the time of the incident
5
5
that occurred on (b)( ); (b)( (
(bl( J; (bl(7(
has been nothing but a good friend
to me since I've known him and it is ·against his character to ever be a part of a sexual
exploitat ion ad or sexual misconduct act
(b)(6); (bJ((((.;)
(b)(6); (b)

 To my knowledse, as the victim of the situation at hand, j(b)(B); (b)(7(C) t.,Jasnot involved In
home in the midnight hour. ~alked
the taping of this situation. I arrived at (b)(6); (b) ( )
upstairs with me to (b)(6); (b) {7( )
room and made conversation with us (Me and [Cb)(B): (b)(7(
for about ten minutes. Afterwards,~ted
he was leavin&,l(b)(6)
; (then left the room and fina lly I
heard him leave the house and shout •bye• before leaving. The next day l(b)(6)
; !told me that he had
gone to a friend's home that night and spent the night there. I had been told by (b)(B)
, (b)(7(C)
hat
he knew nothing of this situation until I confronted him about it. (b)(6), (b)(7(C)
as done nothing but

I

be a friend and a protector for me throughout this entire situation .
~(b)(l:5)
; ( (b)(6); (b)(7(C)

 (

!(b}(6}; (b}(?(C)
...................,.,.,,.,..--,
-~(b)(6}; (b)(?(C)

I

!wasa friend, a protector,and a confidanteforl

(b}(6}; (b}(?(C)

)

(b}(6}; (b}(?(C}

Jnthissituation.

 r/

.... .

·.-

outlook.office365.com
l<b
)(6); {b
)(7{C)

(b)(6); (b)(f( C)

\Ve are in receipt of your lm enl lo Appeal Form ) which was received
1 ha\'c. had the opportunity to carefully review
on !(b)(6l; (b)(7(c)
your appellc,te materials. You h<1vebased your appeal on criteria #2;
however, you did not mee1the criteria you selected.

I

Criteria #2 states that there is new evidence that was not available at
the time of the hearing, which, if introduced, would significantly
affect tbc outcome of the hearing. It is not accurate to state that the
evidence was not available at the time of your hearing. If your
witnesses were no1 available in person at the time of the hear.ing the
written statements you have submitted for your appeal could have
been brought to the hearing. Additionally. us discussed over the
phone , the Student Affairs ofticc can provide emails to professors if
a student would need to miss class ·in order to give evidence. During
the numerous phone conversations that were had wil'11you and a
family member there. were many opportunities to ask for any
clarifications if you were un..;ure of the process.
Jn responi;e to the second part or the criteria (the evidence would
significantly affect 1he outcome 6f the hearing), your explanation
1hat you left after the Mudcnt who was arTcctcd by this incident
arrived would not change the outcome of this case. This is because
the charges relate to the- planning and implementation of the ac.t,
which occurred before the-~tudenl arrived at the house .
Based on the aforemcnt ioned reasons, you do not meet any of the
required criteria to ha c your case forwarded to the Appellate Panel·
therefore, the Appellate Pc:mclwill not hear your appeal.

Sincerely.

Melissa Elliott
Assistant Dean of Studcnrs d nterim Director of Residence Life
Melissa.Elliott@weslcy.edu
(302) 736-2506

 \ j

Looking on Wesley College's Home page I found a document concerning Title IX
lnfonnation . I was reading through all of this and in the Frequently Asked Questions;
Why is Reporting Important ??

a. Reporting allows victims to receive emotional and psychological support ,
even if an
investigation is not conducted.
b. Reporting incidents allows the College to monitor and establish patterns
of incidents
that may put members of the community at risk.

c. The College is unable to charge someone who has participated in an
act of sexuaJ misconduct or harassment without an actual victim coming
forward.
Attached is and email from the victim in a case recently at Wesley College,
that was written b) >;<b>cc>
which was two d s after the Judicial
7
6
7<c>
5>
5>
Hearing for (b)( : (b)C )
l<b)<
;<b><
is saying that (b)<
: Cb)<
q

l

had no involvement and that has been the statement that Cb)C : Cb)C7 has made
all a.longand no one would listen to him. How can they charge him with an act
of sexual misconduct and impose an expulsion from colle e when the victim
did not come forward and report b<5>; <b)(7(C)
as commit ting any
cr ime. Th is case all c~me about rom a rumor from couple of students and
the school found her and questioned her. She never came forward to report
7
5>.<b><
<c)
She maintains he had no involvement in
anything on p ><
the situation. Based on this information received I think this is bases to
reopen the case involving !~~\<6
);(b)(7

I

I

Mellissa Elliott stopped the Appellate Panel from seeing his appeal, that the
Dean of Students, encouraged us to file the appeal and submit the evidence.
If it wasn't going to be accepted why did the t ell us to file the appeal. A
lot of time and effort spent with (b)C5>; (b)C7CC)
to show the school he was
innocent, for them to just deny the appeal anyway.

 \

)

From:r) (6);(b)(?(C)
Date: pr 9, 2015 6:01 PM
Subject: Fw: Hi Dean Anderson
To: l(b)(6);(b)(?(C)

Cc:

.

5 ); C
7c
Hi IC
blC
blC
c) ~hisis what i emailed the Dean today, and I have a meeting with
her tomorrow at 12:30.
~(b)(6);(b)

WC)

I

From: !C
b)(6);(b)c1cc)
Sent: Thursday, April 9, 2015 4:06 PM
To: Anderson, Wanda
Subject: RE: Hi Dean Anderson
Hi Dean Anderson.
Can we set up a meeting sometime soon?
I've been informed by the four boys that there's' a.video of!C
b)(6);(b)c1cc) !admitting to
planting the camera in the room. And I have watched the video. I would also like
b)(5); (b)(?(C)
!was expelled seeing as he had no involvement in
to discuss why jC
the situation at hand.

 )

!(b)(6); (b)(7(C)

I

(nos~ect)

(

(b)(6); (b)(?(C)

r b)(6), (b)(7(C)

~==========
=-- __,_
_ __'.:==
=======---------(no subject)

-

1 message
(b)(6); (b)(?(C)

(b)(6); (b}(?(C}

O: (b)(6); (b)(?(C)

l (b)(6); (b)(?(C)

From: !(b)(6); (b)(?(C)
Sent: Thursday, April 9, 2015 4:06 PM
To: Anderson, Wanda
Sli>ject: RE: Hi Dean Anderson
Hi Dean Anderson.
Can we set up a meetingsometime soon?
I've been informedby the four boys that there's a video of !(b)(6); (b)(7 , l;::.ad
=,m~l~ttl~~W&fting the camerain the
room.And I have watched the video. I would also like to discuss why (b)(6); (b)(7(C)
expelled seeing as he
had no Involvement in the situation at hand.
··

111

 I

(b)(6); (b)(7(C)

)

l(b)(6);(b)(7(C)

I .·

~. ~~~~~~--' \ .

/

r )(6);(b)(7(C)

l(b)(6);(b)(7(C)

I

1 message

l(b)(6); (b)(7(C)
To: l(b)(6);(b)(7(C)

l(b)(6); (b)(7(C)

Dear!(b)(6); (b)(7(Cl

6l;_(b-l(_7(_cJ___
(b-l(_
Unfortunately,his expulsion prevents me IL.

_,~ as I have already lnformed!(b)(6)
; (bl(7

I

I wish I could help, but it Is out of my control. The whole matter has been reviewed by the college twice. 1..must
abideby the decision of the college.
Sincerely,
l\~,(6);(b)(7

I

r )(6);(b)(7(C)

Wesley College
120 North State Street
Dover, DE 19901
(b)(6)
; (b)(7(C)
1rect:(b)(6)
; (b)(7(Cl
Website: p: www.YJesley.edu
This message may contain confidential lnfonnatlon for the use of the addressee{s)above and may contain
legally privilegedinformation. If you are not the addressee, or the person responsible for delivering it to the
addressee, you are hereby notified that reading, disseminating, distributing or copying this message is strictly
prohibited. If you have received this message by mistake, notify us by replying to the message and delete the
original message. Immediately . Thank you.

1/1

 •

Uniled Stal" Dep•rtmenl of Education
Office ror Civil Rl11hb
The Wanamakn Buildlnt
100 Penn quue Eau. Sui te S15
Philade lphia, PA 19107

CONS1;."NTFORM FOR USE OF PERSONAL INFORMATION
Jb) (6l; (b)(7(Cl
ame Cpr nt or t pc):

o mplainant',

~

lns 1i1u1io• ,\galn11 Which Compl a int Filed: _ _
Plun

__t_

.

·- - '--

- -

111111
and date ,eccion ,\, 1ec:1lo• B or Hcl Ion C and relltrn to the 1bon add res,:

l have rud 1he .~«uon. ' !nves1igo1ory Usu o( Personal ln(ormauo n" in 1he OCR Jocument "!nfom,auon ubou t
Ol:R 'J Campla,nc PToccrnng Proccd.llrcs. " which c~pl1ins OC R's use of penomd inforYT1alion
. l undcrsi;nd 1ha11he
Pnv:ley Actuf 1974, S U S.C. § SS2a, an d 1hc Freedom aflnfonnalion Act(FOIA). SU S.C. ~ l52 . govcm 1hc use
o f personal Informa tion subm1ncd ro all Federal gencies and thei r individual components, includ111gOCR I ,..11(
,11opero1cwith OCR's 1nves1iga1o n :ind complaint resolution ~c1iv,1iesundenaken on my behalf . I undcrs1and 1ha1
my failure 10 cooperat e with OCR ' s invest igation may rcsull n lhc closure of my complaint .
I It!!!OCR my ro nsent 10 rn nl my ldealily (a nd/or 1ha1 of my minor child/ ward on ,.hose hrh•lf lhc
co mplaint is Oltd) lo rhe in,Ulutlon 1llt11cd lo hau diur lmin11~ . u writ a, ocher per,on, and entities 1111
1si de
Ir OCR. in lhe coune uf ii inn li1t•llon ur ror rnforccmrnt 1ttivilia.. find, I necessary to do , o.

I

r (6); (b)(7(C)

(b (6); (b):.~:

OR
U

I &!!..!!.s!J.1i~e
OCR my co n cnt lo rr cal my ldtntlry (and/or tha t of m7 minor child / ward 1111,.hose bchatr the
co mplain! Is nlcd). t unt!cr,t;u,d thal () CR may have 10 close rh,s cumplainr if()<-"R i• unubt e 10 proceed wuh an
,nvc,11 ,uion w11t,ou1rcleas ,ni1 my 1<lun11ty
(, ml/or 1ha1 ofmy minur child/ward on whnse bc:hall' rhe ~ompl3in l is
tiled),

Oatc

l"

\lltrn11ivdy. if ou are nnl f11in11h1Jcompla lnr " " )Du r 1>w11 beh:,lr or on he half o f your own minor chlld l
... ar d, y11u arc rr•ponsible rqr obla nin1 written con,rnl from !he P"r<on on whu sc behalf lht comp!• nl is nib.I
or. ,r he or ,he ;, a 111nor . 1h, 1 person', parcnll 1tua"li1n .
I ave rut! this ducum•nt , ond I .Jgrec w11hthe person "ho 1;1cd 1h1>comr,l.1inr I wr , h )OU In pro,:rcd wrlh C)CR ',
,n1<
c,1, •auun Jn<.Irc,,.,lu1rnn pro~css . I i:;lvc rn~ c,1n,cn1 1'11rOCR 11,' """'' ,ny 1Jcn111 llind lnr 1h11 11r
my m,nnr
~hild / ,.ud
<ln ,.hc>'14!hehal ( 1hr rornpl•inl
is filtdl IU •lh~r p1:rsm1>111 lh~ ,•~lcn l ncn · , ,U)I i'()r lh~ purpuw !l
,~~11h1111
>n ur rnv~ -~il~JI "'" 1,f th, ,·,,ri,pl:iin1

'fomr ( prlnl ur

t

pr l:

---

-- ,- --

--

-- - ---l)a(e

5

0

 (

•

n11rd :1.11n Drpar1111rn1 or F.ducalion
Omer ror Ci•ll RhtbU
TIit Wan•m•ker Buildln1
100 Ptnn q1are Ent. Suite 51S
Phil •dclph 1, PA 19107

CONSl::NT FOR W FOR USE OF PERSONAL INFORMATION
(b)(6) ; (b)(7(C)

Compl 1inan1 '1
lnslllullon

ame (pr int or I pr) :

,\ga lnu \! hich Compl11n1 filed:

P1~H 1l1tn and dale ~«tlon

, J«llon B or nc!lon C ~nd nturn

lo •h• above adllrcn:

I have rud 1he cc 11on. ' lnvcstl ,ga1ory Uses of Personal lnform11ion" 1n 1hc OCR document · rnfOITJ'lanon
lbou1
OCR's Complain! Process in Pro<:cdurcs.'' which c~plai1u OCR', use of personal information. I undtritand 11ia11he
Privacy AC!of 1974. SU .. C . S~?a.~nd 1hc Freedom of lnfonnalion Acl (FOIA). 5 U.S.C. ~ S52, iiovcm lhc use
of personal information sl.lbm,ucd 10 all Federal gcnc1esand their 1ndMdual componcnu. mcludin OCR. I will
.:oo pt1a1c nh OC R's ln,;cs1iga1l,m3nd complain! rcsolut on ac,lv,ues unJen~ken on my behalf. I und cutand that
my follu,c 10 coopcntc wich OCR's invcstfga11onmt)' ruuh 1n lhc clo1urc or my compla1n1.
I m,sOCR my con,cnl lo rnul my idtnllly (and/or that ormy minor childJwud on ,.hose h,half lht
rnmplalnt is nlNI) lo 1he hmllu1ion 11!,g«l 10 ha,;,: dlsulmln11Nt , a,, w,11 u 01her pcnons 1nd cn t iti u ouuld t
Ir O R. in lhe count or ils I
r ror cnrorumcnt 1cti•hlt1, nnd1 II n•usnry
to do ,o .
(b (6) ; ( )(7{ )
l(b){6 ), (b)(7(C)

/\..

1011e

OR
I ~ aiv, OCR my cunun1 10 rural my ld t111lly {1nt.llor 11111or my minor chlldh nrd un •hon brhalr the
complaint s ntctJ). I umkr5land 1hai OCR mlly haYt 10 close 1h1scomplaint roc.:R
a, unuble 111proceed w,th an
111Y
t:\llga11un wnh\lul rdras,n~ my 1tlcnes1~ t,IOdlOT1h01of rn) rn,nor ~hr!J/1 urd m whose behalf 1hc compl31n1 ls
lilcd) .

Daer
C

,\ll rrn1 Unly, Ir ym1 arr not filint 1his co1npl1in1 on your own bth>1lr or on hrh1lr of your own rn,nnr child/
,...,d, you art rc,p11n iblc for obi a nln,; wrillrn coMe nl fr11m !ht prr<on on who c brhalrt he compl1ln1 , nlcd
or. Ir ht or ,he is :,i minor , that pcnu11'1 pannl/ 11uanHan.

'""d

I·'~'""

>""

1 h~~e
1h1sJucurncol. ,1nJ
ul, 1he flC'lOO "ho lilcJ 1h1scnmpl; 1in1 I w 1,h
111pro"·' ""'"' ''" tX'R ',
" ""11
.inJ rc,11lu1ir1~ pn>cc~\. I ~i.t m Wflw nr 10,-1)t'R HI ,c,~ul rny 1J~mlt~ (11nd /n r rhac nr my m in.,,
pla in1 11 lil•IJI tu uth cr r c r,011~ lu 1ht """"' 11~~.:,,.,ry
r'or 1h" rurpu,c ur
~h ilJ /wart.l nn .. 1111,~hthalf th~ <<1flll
r ...
• ul1n 1(>n nr m°"'\.',til i£ JI hu1 o,.1h1,; i.·,nnp!-,1m

!;""""

"'"m'(prlnl

or l~p<) '. -

- - --

___

--

--

-

__

 Ut(

ED STATES DEP RTMENT OF ED !ATIO
100 PENN SQUARE EAST

lWG IO Ill
DU./\WA :
KENTUC
M/\RYw\ND
l'l! NNS 1.V/\NIA

PJll( ,A f'H;Ll'HIA, Pl\ 19107-332.3

WE.STVIRGINl/\

OFFICE FOR CIVIL RIGHTS
THI.: WANAMAKf:R

BU!LDf

G, UITE 515

May 14, 2015
IN RESPONSE , PLEASE REFER TO: 03152329
(b)(6); (b)(7(C)

Oear ((b)(6); (b)(7(C)

l

The Philade lphia Office for Civil Rights (OCR) is reviewing your correspondence , which we
received on May 12, 2015 . Our office is currently evaluating your compla int to determ ine w ethe r
OCR has authority to investigate the allegations . We will contact you approximately within 30
days of the date of this letter . The enclosed information provides an overview of OCR 's
Complaint Processing Procedu res .
Your compla int does not prov ide us with your consent to reveal your identity . Our procedures
require your signature on a "Consent Form for Use of Personal Information " form , in cases
wher e we must disclose your identity . Please sign and date the enclosed form and return It to
us, in the envelope prov,ided , within 20 days of the date of this letter . If we must reveal your
identity in order to proceed with your compla int and we do not receive a "Consent Form for
Use of Personal Information" form with your signature within 20 days , we will be requ ired to
close this compla int. If you have recently signed and mailed us the form , you may wish to
contact us to verify that we have received it. If you have any questions , please contact Team
Leader Beth Gellman-Beer at (215) 656-6935 .
Sincerely ,

0

,J'

r-<-l0Mk>v~----

Peggy ~ichardson
Equal Opportunity Assistant
Enclosure

Tile Departmentof fdu,otion 's mission ,s to promote 1tudent achievement ond preparation for global competftll,eness
try fosrer/nq educational e;tcellenceand ensutlng equal access.

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 Glasson, Lucy
From:

Sent:

Glasson, Lucy
Monday, May 18, 2015 4:02 PM

I

l(b)(6); (b)(7(C)

To:

Subject

U.S. Department of Education , Office for Civil Rights -- Request fo r Clarification -Wesley College (Docket 03151177)

Dea1bJ(6J
; (bJ{7(C)
This refers to the complaint you filed with the U.S. Department of Education . Office for Civil Rights (OCR )
against Wesley College (the College) . OCR enforces regulations that prohibit discrimination on the bases of
race, color, disability sex and age . The regulations enforced by OCR also prohibit retaliation aga inst
individuals who assert or defend a right or privilege secured by the laws OCR enforces , or participate in an
OCR proceeding .
In order to proceed further with your complaint, we need additional information regarding your
allegation . Please respond to the questions below as specifically as possible. In responding to questions about
your belief that an action by the recipient is discr iminatory please provide information indicat ing that the action
was inconsistent with a recipient policy or practice (be as specific as possible) , you were treated differently
than others in a similar situation , and/or that members of the recipient staff made statements that would
indicate dislike/hostility on the basis of race, color, disability , sex or age.
Based upon my review of your complaint, I have identified that you are raising the following allegation :
a. The College discriminated against (b) : (b)(7(C)
the Student), on the basis of sex when it
failed to equitably process a comp a1n o sexua m1scon uct ,led against him in!(b)(6), (b)(7(C)
1. Does the allegation listed above in item a. accurately and completely state the allegation that you
intended to raise w1th OCR? If you answered "no" to question #1 , above, please list any additional
complaint allegations that you intend to raise in this complaint, or revise the above allegations if they
contain tactual errors or inaccurate wording . If you raise any additional allegations. please (a) Describe
the discr imination (who. what , when (date), where , how, please list the applicable names and dates) ;
(b) State the basis for the discr imination (e.g. sex , etc.) ; (c) State your reasons for believ ing that the
discrimination is related to that basis: and (d) If applicable , please indicate how you feel that the
Student was treated differently fram simllarly situated students .
If item a. above accurately and completely summarizes your complaint, please write "not applicable. "
2. With respect to allegation a. above. please explain the complete basis for your claim that College
discriminated against the Student on the basis of sex by failing to equitably process a complaint of
sexual misconduct filed against him inf bl(6); (b)(7(Cl Please be sure to explain , if applfcable how this
action was inconsistent with a College policy or practice (be as specific as possible) , the Student were
treated differently than others in a similar situation and/or that members of the College 's staff made
statements that would indicate dislike/hostil ity on the bas is of sex .
3. You indicated in your complaint that the Student is ove r the age of 18. Our procedures require written
consent when disclosure of the complainant or alleged injured party is necessary . Such disclosure is
necessary in this case as your complaint alleges discrimination that is individual in nature. Because the
Student is over the age of 18, we require his written consent in order to proceed with evaluating your
compla int OCR provided you with a form for the Student to provide such written consent by letter to
you dated May 14, 2015 . If you do not provide the Student 's written consent within 20 days of the date
of that letter (i.e ., by June 3, 2015) , we will be required to dismiss your complaint.

I

We need to receive your response within 20 calendar days from the date of this email (i.e., by June 7 1
2015). If we do not receive this information within 20 days we may close your complaint. If you have any
questions , please contact me at (215) 656-8533 or by email at lucy.qlasson @ed.gov .
1

 Sincerely.
Lucy F. Glasson
Attorney
Office for Civil Rights
U.S. Department of Education
100 Penn Square East, Suite 515
Philadelphia, PA 1910 7

(215) 656-8533
(215) 656-8605 (fax)

2

 Glasson, Lucy
!(b)(6l; (bl(7(Cl

From:

Wednesday, May 20. 2015 2:37 PM
Glasson , Lucy
Fwd: U.S. Department of Education, Office for Civil Rights - - Request for Clarification -Wesley College (Docket 03 151177)

Sent:
To:

Subject:

----- --- F rwarded me ·a e ---------r m:

(bl( ); (b)(7(GJ

Date: 1
ay
ubje t: F, d:

at 20:49
. Department

Edu ation,

tfice f r

ii Right. - Request f r larifi ati

nllege ( D cke t 03 151 177
T

: (b)(6); b (7(C)

---------- Forwarded me age ---------Fr m: "Gia on, Lucy' <Lucy. las on@ed.g >
Date: May 18, 2015 4:0 1 PM
Su j ct: .S. Departm nt ofEducati n Office for Ci il Rights -- Request
D cket 3 1-ll 77 )
T : l (b)(6); (b)(7(C)

Dear l(b)(6J, (b)(7(C)

~

r Clarificati n -- We ley C lleg

l

This refers to the complaint you filed with the U.S. Department of Education, Office for Civil Rights (OCR)
against Wesley College (the College) . OCR enforces regulations that prohibit discrimination on the bases of
race color , disability sex and age. The regulations enforced by OCR also prohibit retaliation against
individuals who assert or defend a right or privilege secured by the laws OCR enforces , or participate in an
OCR proceeding.
ln order to proceed further with your complaint, we need additional information regarding your
allegation. Please respond to the questions below as specifically as possible. In responding to questions about
your belief that an action by the recipient is discriminatory , please provide information indicating that the action
was inconsistent with a recipient policy or practice (be as specific as possible) , you were treated differently
than others in a similar situation, and/or that members of the recipient staff made statements that would
ndicate dislike/hostility on the basis of race, color, disability, sex or age.
Based upon my review of your complaint , I have identified that you are raising the following allegation :

I

a. The College discriminated against !(b)(6); (b)(7(C)
(the Student) on the basis of sex when it
failed to equitably process a complaint of sexual misconduct filed against him in !(b)(6); (b){7(C)

I

1. Does the allegation listed above in item a. accurate·1yand completely state the allegation that you intended
to raise with OCR? If you answered "no" to question # 1, above, please list any additional complaint allegations
that you intend to raise in this complaint, or revise the above allegations if they contain factual errors or
inaccurate wording . If you raise any additional allegations, please (a) Describe the discrimination (who what,
when (date), where , haw , please list the applicable names and dates) ; {b) State the basis for the discrimination
1

 I

I

is

(e.g., sex, etc.); (c) State your reasdns for believing that the discrimination r ,ated to that basis; and (d) If
applicable please indLcate how you feel that the Student was treated differently from similarly situated
students.

Yes . According to Title IX in the: reporting section it indicates that the school can not
bring charges against any student who participated in sexual misconduct or sexual
harassment unless

'the victim th emselves comes forward . In this case it was rumoured by a couple of students ar

the college that the sexual misconduct happened at a house that was not on campus. and th e
stude nts gave the names of whom they believed were involved based on a rumour . The victim in
th e case did not go forward to report any sexual misconduct or sexual harassment she exper ienced
6);(b)(7
by !(b)(
(C)
In fact , the victim in this case has tried to tell Dr . William Johnston,
the Presiden t . Wanda Anderson , Dean of Students and Melissa Elliott

I

. Ass t . Dean of Students that (b)( · (b)(l (C)
was not involved in the situation as reported by the
studeht. He was a resident of t e ouse w ere the misconduct occurred but he had no part of any
of the planning/implementing/knowledge of what happened until he was told by the victim herself .

If item a. above accurately and completely summarizes your complaint, please write "not applicable. 1'
2. With respect to allegation a. above. please explain the complete basis for your claim that College
discriminated against the Student on the basis of sex by failing to equitably process a complaint of sexual
misconduct filed against him 1n!(b)(6): (b)(7
Please be sure to explain, if applicable, how this action was
inconsistent with a College policy or practice (be as specific as possible), the Student were treated differently
than others in a similar situation , and/or that members of the College's staff made statements that would
indicate dislike/hostility on the basis of sex.

I

Th e school

hunted
her down to find out if the rumour was true. She did not go to them and report anything . But
the school still in violation of Title IX charged !~)~;; (b) !with these acti .ons. When he told them he
had never been in trouble before and asked for help because he did not understand the disciplinary
procedures. The only thing Melissa Elliott . Asst . Dean of Students did for him since he was
considered the violator was to keep readihg the paper over and over again he received about the
Sl.lspension. He still didn't know what to do or how to present it, he hod never exper ienced this
before in his entire life.
He was give a date to appear before the school and he had no idea of what to do . He went to
the meeting thinking it was and informal meeting for him to provide his side of the story . But
after he got there he was told it was a judicial hearing . So he provided to them that he had
noth ing to do with the situation and explained he wasn't home. He explained he was a highly liked
student on ampus but both students and professors.
He explained he j{b)(5); (b)(7
(C)
5
(bl( l: (b)(l(C)
After the hearing was over he was told they would get back to him in couple days

I

with the i r determination.

Aft~r

that

was when it went from a suspension for the taping of a
2

 ( )!

l

(

)

student without their knowledge to an expulsion for planning and imple,,,enting a total different
charge that the first one . Without the opportunity to defend himself . When he called Melissa
Elliott , Asst . 'Dean of Students, he was told thot he should of had witnesses at the hearing and
(b) tried to explain to Ms. Elliott that he had 110 idea that he had the
chose not to do so.
authority to pull students from class to come to the hearing with him or he would have. She told
him well sorry there ;s nothing I can do about that now, we would have given them a note to take
to t heir professors that the were providing evidence in a case and been excused . He then said
this is not fair , he asked what he needed to do that was never stated to him before the
6);(b)(?(C) there is nothing I con do (she refused to assist him
hearing . She said I am sorry (b)(
saying there was nothing she <:ou o or · him). And did not want to help him any further . I
6); (b)(? situation and she encouraged us to file and
called Ms . Anderson and explained to her
o.ppeal and to provide the evidence to be reviewed. She even al lowed !(b)(6); (b) Iback onto campus to
work with someone to help him write his appeal. If he was such a danger to society and the we ll
being of the school then why was he allowed back on property? He then went to each and every
person he could possible think of and got a statement from them of where and what he was doing
the night of the incident . Even getting one from the victim in the case and her mother . When he
turned in his appeal for this incident. The review person for this was Ms. Melissa Elliott, Asst _
Dean of Students and she had already formed her opinion in this matter . She then sent the
response back to my son that you have a copy of . And his appeal was denied and he was exoelled
from school . l(b)(6); (b)(7
(C)
I
(b)(6);(b)(7(C)
I
(b)(6); (b)(7(C)

l)~;~rI

I

!\~
1(

(b)(6); (b)(7(C)
I The president , Dr .
William Johnston, wrote a beautiful letter ( I can provide copy if you would like to see) of
;(b) Iabout his character and as a student. But he still allowed the Asst .
recommendation for !\~!~)
Deo.n of Students to expel !(b)(6); (b) leven though he was not involved. Please let me know if I need
;(b) !just wants to go to school and get his degree. He is hot far
to provide anything more. !\~{~!
from getting it . Wesley has made it now totally impossible for him to get student aid, into
another college, and wrongfully acused him of these actions, in addition to keeping his student
funds . They have totally discriminated against him because he was a male and because he resided
in the house the incident happened .

3. You indicated in your complaint that the Student is over the age of 18. Our procedures require written
consent when disclosure ot the complainant or alleged injured party is necessary. Such disclosure is
necessary in this case as your complaint alleges discrimination that is individual in nature. Because the
Student is over the age of 18, we require his written consent in order to proceed with evaluat ing your
compla int. OCR provided you with a form for the Student to provide such written consent by letter to you dated
May 14, 2015. If you do not provide the Student's written consent within 20 days of the date of that letter (i.e.,
by June 3, 2015) , we will be required to dismiss your complaint.

OCR Letters of consent was signed by the student because he was over the age of 18 and
mailed to office in returned postage envelope provided . I also completed a new form and
sent it back in the same envelope provided.

3

I

 We need to receive your response within 20 calendar days from the date- o1 this email (i.e., by June 7,
2015). If we do not receive this information within 20 days we may close your complaint. It you have any
questions, please contact me _at (215) 656-8533 or by email at lucy.glasson@ed .gov.
Sincerely,
Lucy F. Glasson
Attorney
Office for Civil Rights
U.S. Department of Education
100 Penn Square East, Suite 515
Philadelphia, PA 19107
(21 5) 656 -8533

(215) 656 -8605 (fax)

{b)(6); (bJ(i(CJ

 Mahoney, Joseph
From:

Sent:

Mahoney , Joseph
Wednesday , June 10, 2015 10:41 AM

To:

!(b)(6)
; (b)(7
(C)

Su.bject:

FW: Request for Clarification -- Wesley College (Docket 03152329)

I

From: Mahoney, Joseph
Sent: Wednesday, June 10, 2015 10:38 AM
To: !(b)(6);(b)(7(C)
Subject: Request for Clarification -- Wesley College (Docket 03152329)

I

Dear !(b)(6);(b)(7(C)
I work with Ms. Lucy Glasson at the U.S . Department of Education (the Department) , Office for Civil Rights
(OCR). and have a few more questions about the complaint you filed on behalf of your son against Wesley
College (the College) . Please respond to the questions below as specifically as possible . For information
regarding what guides OCR 's evaluation of complaints alleging a recipient's failure to equitably address
incidents of sexual harassment and sexual violence , please see OCR 's April 4 , 2011 Dear Col'league Letter
and Questions and Answers on Title IX and Sexual Violence .t1J

1. In your May 18 , 2015 email response to Ms. Glasson , you indicated that under Title IX, "the school
cannot bring charges against any student who participated in sexual misconduct or sexual harassment
unless the victim themselves comes forward ." Can you please explain what you are referring to? For
example , are you referring to part of the College 's Title IX grievance procedures or an OCR policy
document? If so , please reference the specific policy or section of the policy .
2.

In your original complaint , you note that the !(b)(B);(b)(?(C) !notice from the Dean of Students notffied him
of the charge against him (Sexual Misconduct: Sexual Exploitat lon) , and that he was being placed on
interim suspension pending a Judicial Board Hearing as to why he should not be expelled . Did the
notice describe or provide a reference the College 's procedures fo r conducting such hearings? If you
have a copy of the notice, please provide it.

3. When your son spoke to the Assistant Dean , did he ask if he could present witnesses or other
information? If so, what was the response?

4 . Were other students living in the same house as your son also subjected to Judicial Proceedings?
Please provide the information requested above within 20 days of the date of this email (i.e. , by June 30 ,
2015) . If you do not provide the reqwested information within 20 days , we may close your complaint. If you or
your son would like to provide your responses by telephone or if you have any questions or require
clarification, please contact me . Thank you ,
Joseph P. Mahoney
Program Manager
U.S. Department of Education
Office for Civil Rights
100 Penn Square East
The Wanamaker Building , Suite 515
Philade lphia , PA 19107
215-656-8564 (Tel)
l

 215-656-8605 (Fax)


league?20! 104.html

 

. anviabout/of?cesfl I 404-title- ixndf
ledgovmbom?of?ces?istfocr! letters'colleague-ZD I I 04.hlm 

Record of Telephone Conversation

Date:

June 24, 2015

Time:

2:55 pm

Call Made To :

Joseph P. Mahoney , Program Manager

Ca ll Made By:

l(b)(6)
; (b)(?(C)

Docket No.:

03-15-2329

Recipient:

Wesley College

1e Complainant stated that she would respond to my email , but wanted to pro ide
;(bl!was given a one-page document sa ing
additional information. She asserted that !~~!\,?,>
what t he charges were and that was guilty of filming a sex act. He was not involved and
even the victim does not believe he was involved.
I asked what the Dean said to her son. She responded that she would not give him
information, and only told him the hearing date and when to show up. He went to the
hearing the next day and said he was not there. Then be was found responsible. He tried
to file an appeal with the assistance of someone on campus. He went and got letters from
everyone, but he was told that he shou ld have had that at his judicial hearing .

I asked ifl(b)(6); (bl !tried to find information on-line about the student conduct process.

he
aid that he tried, but omeone had sat on his c-0mputer in March . so he did not ha e a
omputer himself. He went to senio r students and no one knew how to help him because
there is never anyone in any trouble around there. She added that l(b)(6)
; (bIheard that there
was a !(b)(6)
; (b)(?(C)
!who had committed a sexual assault and didn't get into trouble a
); (bl !should
few years ago. She said that she asked the Dean if I should be there or ifl(b)(6
hire an attorney and the Dean was not helpful. She said the pre ident talked to her and
was supportive. but he said he could not overturn the result of the judicial proces .

 Mann--ex Joseeh
From:

Sent: Wednemay, lune 74' 2015 3 13 PM
Yo: Mahuney' Jnsaph
Subject: Re FW Request lm (larilitallon Wesley College lDucket 03152229)

I. 1 vlas ml the Wesley Collage website ullderthe Title IX the seclinn lhett: wurc 
\erlls \mtlen as lu why it is impununt lu report. Illthe Dean 
ASSL Dean and to President lhalwns involved. sm-
anything againsl, In my original comp am proof or that by her
and also on email to .Dean oi'Stutlehis. It was hearsay thot lallk' this 
h) run even [hem lusl :lS 

     

 

 

3 1 Pdefid 3 90W "flhf This nmice did nm prmide ur
dcwiho a reference ol'the College's for conducting such hearing; truly that he had riggl [0 go
college's student pmcess by calling Asst. Dealt Melissa Elliutl lo discuss the prut-cdum It said durlt
[hill ludit-idl Buurd hearing pructss would ht- discussed thncallcd Ms. tihutt sh:
gave him a and "Inc to mecl his chargcs When asked by ll 11: needed a lhal
question was not answered when he asked what to do and whal he needed Ms. Elliou did no! explain ti
this was where it: bring peopl: as wilnesses nt :xplain Io him lltal il'hc hmughl students the professors if
those sludenls would he nollfied so they could class. Mi Fllimt did not help in anyway In help
prov: he was lumen! Dear (b)(6); (b)(7(C)

I work with Ms. Lucy Glasson at the U.S. Department of Education (the Department) , Office for Civil Rights
{OCR) . and have a few more questions about the complaint you filed on behalf of your son against Wesley
College (the College) . Please respond to the questions below as specifically as possible . For information
regarding what guides OCR's evaluation of complaints alleging a recipient's failure to equitably address
incidents of sexual harassment and sexual violence, please see OCR 's April 4, 201 i Dear Colleague Letter
and Questions and Answers on Title IX and Sexual Violence.ill

1. In your May 18 2015 email response to Ms. Glasson , you indicated that under Title IX, " he school
cannot bring charges against any student who participated in sexual misconduct or sexual harassment
unless the victim themselves comes forward ." Can you please explain what you are referring to? For
example , are you referring to part of the College's Title IX grievance procedures or an OCR policy
document? If so, please reference the specific policy or section of the policy.

In your original complaint , you note that the ((6)(6), (b)(1(C) l notice from the Dean of Students notified him
of the charge against him (Sexual Misconduct: Sexual Exploitation) , and that he was befng placed on
interim suspension pending a Judicial Board Hearing as to why he should not be expelled . Did the
notice describe or provide a reference the College's procedures for conducting such hearings? If you
have a copy of the notice, please provide it.

When your son spoke to the Assistant Dean, did he ask if he could present witnesses or other
information? If so. what was the response?

4

Were other students living in the same house as your son also subjected to Judicial Proceedings?

Please provide the information requested above within 20 days of the date of this email (i.e., by June 30;
2015) . If you do not provide the requested information within 20 days, we may close your complaint . If you or
your son would like to provide your responses by telephone or if you have any questions or require
clarification , please contact me. Thank you.

Joseph P. Mahoney
Program Manager
U.S. Department of Education
l

 I

,

Office for Civil Rights
100 Penn Square East
The Wanamaker Building , Suite 515
Philadelphia , PA 19107
215-656-856 4 (Te l)
215-656-86 05 (Fax)

11Jhttp://www2.ed.gov /about/offices /list/ocr /docs/ga-20 1404-ti tle-ix.pdf
http:1/www1 .e<l.aov/a bout/o ffices/list/oc r/letters/colleague-20 1104.html

I l ]http:// www2.ed.gov /abou t/offices /list/oc r/docs/qa-201404-t itle-ix.pdf
http:// \.vww2.ed.gov/about/o ffices/1ist/oc r/letters/co lleague-201104.hlm l

3

 ( )
Mahoney, Joseph
From:

Sent:
To:

Subject:
Attachments:

l (b)(6); (b)(7(C)
s

Thursday, June 25, 2015 10:44 PM
Mahoney , Joseph
Title IX in Reporting .
Screenshot_2015-05-11-00 -00 - 29 .p ng

T his is what I found looking on Wesley College website under Title IX. ~
the victim) never said !{b)(6);
!(b)(5 ); (b)(?(C)
!did anything she said the opposite that he was not in olved and not even at house .
Thank ou
(b)(6); (b)(7(C)

(bX

I

 monitoring and accountability for possible acts of retaliation
,al and psychological support from Title IX Coordinators

orting Important?

-

ng allows victims to receive emotional and psychological sup1
·ation is not conducted.
ng incidents allows the College to monitor and establish patt~
1y put members of the community at risk .
lege is unable to charge someone who has participated in an
:Juctor harassment without an actua I victim coming forward.

 Gellman -Beer, Beth
Mahoney, Joseph
Tuesday, July 21, 2015 11:59 AM
Gellman - Beer, Beth
Wesley College
20150721 _112234 .jpg ; RE: Title IX in Reporting .

Frorn :

Sen t:
To:
Subject.
Atta chments :

For the file .
f rom: ~b)(6); {b)(7(C)

Sent : uesday,Ju.ly21, 2015 11:40 AM
To:

Mahoney,Joseph

Subject: RE: Title IX in Reporting.

Dear Mr. Mah

ney:

I " ant to submit a lett r from Presid nt of We ley Coll ge, Dr. William Johnston . Thi letter i dated in Ma ,
2015 .

I

This I tter \ as written fte rf {bl( 6), (b)(7 !was expelled , yet he said he can 't help !{b)(6J; (b)(7 I thinks mething is
dd h re that en the President ays th same good things as others about him as a person.
He wa er happ as a student and between him and our
getting his cred ntials .

!<bl{ 6J; (bJ(7(CJ

h e ha e a lot in

ery

est d in him

He has his g al set fi r the fu ure and some rumor ins h ol ended for him becau e bis name wa g1 en as eing
a pan of something he,. asn't.

l<b1(g
l,;Idid not e er go to the school and tell

lhem t<b}(6l:Cb) twas in ol ed jn any alegations against ber. [ think her
letter and l(bJ{6), (b)(7(C) !letter will explajn the opposite. That he wa not in olved.

Thank You
r}l6)
;1,x,1c1

On Jun 26, 2015 8:33 AM, 'Mahoney
Thank you. Did lffi[] not report anything to the College (for e><ample, that someone else recorded her engaged rn a
sexual ,act without her permission)?

From: l(b)(6); (b)(7(C)

Se nt: Thursday, June 25, 2015 10:44 PM
To: Mahoney,Joseph

Subject: Title IX in Report ing.

 ( '

~
This is what I found looking on Wesley College website under Title IX. ~
the victim) never said!(b)(
6);(bl I
5
!(bl<l:(b)(?(C)
ldid anything she said the opposite that he was not involved and not eveu at house.
'

Thank you
(b)(6)
;(b)(7(C)

2

  {ij7623}

 

(

)

}

Mahoney, Joseph
From:

!(b)(6); (b)(7(C)

Sent :
To :
Subject :

Friday, June 26, 2015 8:52 AM
Mahoney, Joseph
RE; Title IX in Reporting .

l

She did not report anything l~~~~
~l: said Wesley College made a big deal out of nothing . She never went to the
school with any comp laint. Two students said something they overheard to the Dean of Stud ents and the School
lo oked f01 1<b)(6) ; land asked her about it.
!(b)(6) ; (b)(7(C)

On Jun 26. 201 5 8:3 3 AM, "Mahoney. Joseph' 1 <Joseph .M~1hnn~\· a cd. !.!.
o, ·> wrote:
1

Tl1ank yo u. Didl!filD no t repo rt anyth ing to the College ( fo r exam ple, t hat so me on e etse record Pd llPr Pngaged 1n "'

se11ua
l act withou t her perm ission)?

From:!<b)(
6);(b)(7(C)

Sent : Thursday, June 25, 2015 10:44 PM
To: Mahoney, Joseph
Subject: Tit le IX in Reporting.

This is what I foW1d looking on Wesley College webs ite under Title IX.!~?1\~l: !the victim) never said!~~~~):(b)
did anything s he said the opposi te that he was not involved and not even at house .

!(b)(6 ); (b)(?(C)

Thank you
(b)(6); (b)(7(C)

I

 ( )

To:

File, Wesley College 03- 15-2329

From: Joseph P. Mahoney, Program Manager
Re:
(b)(5)

'-!
<b_l<5_l ______

__.

 TITLE IX

TITLE IX
•
•
•
•

Title IX Coordinators
Incident Report Form
FAQ's About Title IX
Filing a Complaint and Reporting Process
Consultatfon Opt ions

nt le IX is a federal law under the Department of Education's 1972 amendment (amending the
Higher Education Act of 1965) that protects all individuals from discrimlnation based on sex in
educational programs or activities.

These include but, are. not limited to sex-based

discrimination in sports, against pregnant and parenting students, or women in STEM programs
(science, technology, engineeri ng and math). It also addresses sexual harassment , gender based discrimination and sexual violence. Sexual violence covers attemp ted or completed rape
or sexual assault, as well as sexual harassment, intimate partner violence, stalking ,
exhibitionism, verbal or physical sexuality -based threats or abuse, and voyeuri sm.
In compliance .with Title IX, Wesley College does not deny or limit any student or employee the ability
to participate in or benefit from any program offered by the institution on the basis of sex or gender .

Title IX law requires Colleges and Universities to investigate and adjudicate reports of sex
discrimination, sexual assaults, and harassment in a prompt, thorough , and impartial manner.
It also requires institutions to establish proactive measures ensure a campus culture free of sex
discrimination. These would include established procedures for educating and training
students, training of Title IX investigators, an organized student condu ct process, and systems
ln place to prevent re.taliat ion. For additional information on your rights under Title IX, visit
www.wesley .edu/titleix
Any faculty member, staff or student with questions or concerns about the College's policies or
who believes that he or she has been the victim of .sex discrimination, sexual harassment, or
sexual violence is encouraged to contact the College's Title IX Coordinator:

Wanda M. Anderson
Dean of Students & Title IX Site Coordinator
120 North State Street
Dover, DE 19901
(302)736-2443

11

 (

)
•

(

)

TITLE IX
Title IX Coordinators at Wesley College
Campu s Site Coordinator

Wanda M. Ande rson, Dean of Student s
Offi ce of Student Affairs
125 College Cent er
302 -736-2506
wondo .anderson@wesley.edu
Title IX Coordinat or for Student Conduct & Sexual Assault
Mellssa Elliott 1 Assistant Dean of Student s & Director of Residence Life
Office of Student Affai rs and Residence Life
121 College Center
302 -736 -2586
melissa.elliott@weslev.edu
Title IX Coordinator for Student Conduct & Sexual Assaul t
Renee McGlothlin , Reservation and Conference Coordi nator
Office of Student Affairs
123 College Center
302 -736 -2593

renee.mc q/othlin@weslev.ed u
Title IX Coordinator for Anti- Harassment

Dr. Karen Panunto, Associate Professo r of Nursing & BSN Program Director
215 Health Sciences Building
302-736 -2511
koren .portu nto@ wesley. edu
Title IX Coordinator for Athletic Complianc e
Tracey Short , Associate Ath letics Director , SWA and Head Field Hockey Coach
2 Wesley West
302-736-2541
tracev .shor t@wesley.edu
Trtle IX Coordinator of Disability Support
Brian Belcher , Coordin ato r of Disability Support
1128 Parker libra ry
302-7 36-2739
brian.belcher@ w eslev.edu

Title IX Coordinator for Hostile Environments
O'ana Huber , Human Resource Manager
321 College Center
302 -736 -2333
hr@weslev .edu

21

 )

TITLE IX
W ES LEY CO LL EGE
TITL E IX INC ID ENT RE PO RT *

This form should be complet ed and submitt ed as soon as pos sible afte r learnin g of an incident that may violate
the Title IX policy. Please type. Box es can expand to accomm odate text.
Na me and Titl e of Person Compl eting the Form (please include vo ur co ntact information):

Date of Incident:

Date Repo rted to Yo u:

Compl ainant:

Agai nst Wb om:

Name of Perso n Wh o Repor ted the Incid ent to You U(differ ent /i'llm 1hec11mplui111111t)
:

Loca tion of Inciden t (E:rnmples: 1111-ctJmpm.
r,(J'.campu.,.reside11ce/rail. o,,v(
•r. u11t-u.f-s1111e
. etc.):

Desc ription of t he Incid ent (l11d11d
e (a1·1.~shared b1•the cu111plui,w111
11amesu[., •imesses . i(e1rnllahle):
1

Case Sta tus (huw did i-ou leaw thing., with the 1·omp/aim111t'?)
:

O ffices Involved
in/ornuuic,n wilh

WU'

(H(l s comploi11,mt nmorted the i11cidemto the pult ce, lw s rn m11/aim1111
fi/.-d w, i111
i,mul ,' ,imnlwm? ll 111
·e ,·1111
s/u11·t!dthis

nlhe r ofll c.es?):

Has the check list been reviewe d with Co mpl aina nt?
Has the Co mpl ainant requested confid entiality'!

D Yes

l s the incident Clery Ac t report able?

0

Email completed form

•

10

D

Yes
Yes

D

D

No
No

D

No

a Titl e IX Coo rdinator o r to:

Wanda M. Anderson, Dean of Stud ents and Title IX Site Coo rdinator. 125 Co llege Ce nter , Do ve r, DE
199 0 I, wanda. a 11dcr son (t1, ,, c~lcY.cd u, 302- 736-24 43 .
.'\ tluitJO IWI r..:.~()l.lfl'\:'S C.i O bl.'

l\.llllld 1\11;

II\\

\\ '.\\ •.:,11.')'. \:'dll \llkt~

•www .udel ,edu/oe1/k now ledge-awareness/1Xlncidentform

31

 I )

TITLE IX
FAQ's About Title IX

•

What is sexual misconduct?
a. Discrimination based on sex, gender, or sexual orientation
b. Sexual Violence
c. Sexual Assault
d. Sexual Harassment
e. Stalking (physically or via cyberspace)
f. Dating Violence

•

What is the Role of a Title IX Coordinator?
a. Oversees the College's response to Title IX complaints and reports.
b. Counsel and support complaint
c. Identify and document patterns or system problems revealed by reports and
complaints.

•

What is Sexual Assault?
a. Sexual Assault occurs when a person is physically forced. intimidated or
coerced into a sexual act.
b. When a person is physically or mentally unable to give consent.
c. Any unwanted touching, fondling , kissing or any unwanted contact with
one's body

•

What is Se'Xual Harassment?
Sexual Harassment includes sexual assault and any unwelcome sexual
advances, requests for sexual favors, and other verbal or physical contact of
a sexual nature.
Such As:
a. Demanding sexual favors accompanied by implied threats to one's
employment, academic status and promises of prefer ential treatment
(quid pro quo).
b. Unreasonable behavior that interferes with or creates an
intimidating , hostile, or offensive working or academic environm ent
(hostile environment )
c. Persistent, unwelcome flirtation
d. Requests for dates
e. Advances or proposition s of a sexual nature
f. Unwanted touching
g. Degrading or insulting comments
h. Displays of sexually suggestive objects or pictures

41

 I

}

TIT LE IX

FAQ's About Title IX continued

•

What practices are in place to support those who have or wish to file a complaint?

a. Confidential resources
1. Counseling services- Wesley College; {302)736-2445
2. Dover Rape Crisis Centers; (800)262-9800
3. Human Resources- Wesley College; (302)736-2333
4. Wesley College Campus Security; (302)736 -2436
b. College monitoring and accountability for possible acts of retaliation by the ;:iccused
c. Emotional and psychological support from Title IX Coordinators

•

Why is Reporting Important?
a. Reporting allows victims to receive emotional and psychological support, even if an
investigation is not conducted.
b. Reporting incidents allows the College to monitor and establish patterns of incidents
that may put members of the community at risk.
c. The College is unable to charge someone who has participated in an act of sexual
misconduct or harassment without an actual victim coming forward.

51

 TITLE IX

What Reporting Options Existfor Victims?

Reporting
Options

,

Get help and
care, but do not
wish to report

Report to police
for criminal
charges

Tell policefor
their information
L but no charges

Report to Wesley
Collegefor
charges

Have spoken
with a Title IX
Coordinator

www.ud1:l.edu/oe1

Communication And Disclosures of Instances of Sexual Misconduct
Anyone who has experienced sexual misconduct , sexual harassment, gender discrimination or
sexual violence should consult the following resources:
· Wesley Security Office-

302-736-2436

· Dover Police Department-

302-736 -7111

• County Sexual Assault Hotline; Contact Lifeline, Inc.- Kent & Sussex County Hotline : (800) 262-9800
· Residence Life-

302-736-2506

. Counseling-

302-736-2445

. Health Service-

302-736-2521

· Disability Support Services- 302-736 -2739

61

 (

)

(

)

TITLE IX

Essential Title IX Compliance Elements *

*www.atixa.org/investigatortraining,dover,D

E,pg.8

71

 )

TITLE IX

Help & Concerns Form
Students with issues or concerns are urged to contact the appropriate college personnel in order to receive
asslstance. It fs the desire of Wesley College to resolve any such issues in a prompt and courteous manner.

** As a first step, discuss or attempt -to re~olve with the student or staff/faculty member involved . **
Your Name; -----------Email: --

- ----

- ---

Student Number: -------

Major:-----

--------

Phone Number: - -------

-

-------

- --

Term: __

_

Best Time To Call: --------

WHAT IS YOUR CONCERNOR ISSUE? (Describe situat ion in clear, simple terms.)

(Please add another sheet, if necessary).
BACKGROUND
:
When did this occur? Date and time.

Wher.e did this occur? Location i.e. Room, building, city

Who was involved? Staff? Faculty? Students? Police? Security?

Witness? Did anyone else see/he ar what may have happened? Provide names and phone numbers if possible .

Resolution Process:

Have you discussed this issue with anyone? Staff? Faculty? Students? Other outside of the College?

Resolution Suggested:

81

 (t

(J
TITLE IX
Please provide options for cons ideration.

Other informa tion and/or evidence:

Yes

D

No

D

Please add additional fmportan t info rmation not covered by other parts of t his form on a separate sheet.

Where to take your concern or Issue:
If you did no t reach a reso lution at the informal stage, direct your concern or issue as follows ;
Classroom or course related
First Step:
1. Talk to professor invol ved if issue is more
general.
If no resolution :
2. Department Chair
Hara ssment and/or Discrimination

Dr. Karen Panunto Ext. 2511 ; Classroom based, (Title IX Coordinat or)

Hou sing/Stud ent Rights & Responsibilitie s Nate Biondi. Ext. 2458; Asst. Dir ector for Housing; Student Affairs
Campu s Activities / Program Related

Elana Baukman Ext. 2567; Director of Campus Life

Student Conduct- including Sexual
Assault/Sexual Harassment

Melissa Elliott Ext. 2586 ; Asst. Dean of Students , (Title IX Coordinator)

Health Concerns

JillMaser Ext. 2521; Director of Wellness

Hostile Work Environmen t

Dana Huber Ext. 2333; Human Resource Manager,
(Title IX Coordinator)

Medical College Withdrawal

Brian Be.lcher Ext. 2739; Coordinator of Disability Support,
(Title IX Coordinator)

Other or General issues

As a st arting point contact Student Affairs, CC 125 Ext. 2506

By signing below , I acknowledge that the statements made herein have been truthful and to the best
of my knowledge.

Your signature

Date

Resolution :

Administrato

r - Print and sign name

Date

91

 j

~w~l~\~y
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Ple3se d ick o o the link below lo access The Student Handbook.

Student Handbook 2014-2015 I PllF

\ddendum to Wesley College Wrllness Center Policy Regarcling Trca lmco l

The Oirector of the Wellness Center, staff, and the contract physician may advise students to seek furthet medical treatment from a specialist or a PCP Students wilh
mec!icalcondi11onsbeyond the scope or practice of 1h.eWesley College Wellness Center 11ill always be reterred to a specialist when appropriate If the student·s 1nsunmcc
requires an authoriz.attonto ,i'spec,alist; 11will be the. students responsibility 10 obtain a relerral from tJ1cir PCP
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 vv~ 1t:y 1.,uuege: .::iiuoern HanaOOOI<

I

'

-~
WesleyCollege • 120 North Staie Street Dover , Dela',\'are 1990 I • Phone : 302 .736.2300
WesleyCollege {;1 20 11 All rights reserved .

tmpJ/www .wesley.edu'stldenthandbook.html

414

 HARA SSME NT POLI CY COORD I NATOR (TITLE I X COORD INATOR)

•
l\ppoiniet.1b) the President of1hc college or de$ignce Qf the sume
•
Coordinates annual orientation and training. for
the Harassment Advisors .and I larns:;menl (irievance
Commiucc
•
Coordinates annual 1.fosemina1iunur the anti-harassment policy anc.Jinformution 10 the colh:ge community
•
DirccL, individuals with har.i:.i.mem concern~ to
l larassment Advisors
•
Receives formal cumplaims and advises the
complainant abuul the formal ~rievam:e process
•
In the event or receipt or a formal complainL ~elects a hearing Panel from the Harassment Gricvanct:
Committee and appoints a he.iring panel chair
•
Conducts the evaluuiion of the upplication orthe
anti-harassment policy as outlined in the implementation
und evaluation plan
•
Submits an annual ,Hilten repon to the college
president Lhatincludes a summary of the educational ac1.ivitics and the evaluation oftht: effoctivem:ss of the ln1ra$S·
ment polit) and procedures
HARASSMENT ADV ISORS provide consultation for ho1hcomplainants and accused.
The.re are six Harassment t\dvisorll (two fot:ully. 1w0 stall two siudents).

•
Appointed by the President ofthc college or dci.ignee of the same
•
Provide consultation for both complainants and
accused
•
Explain 1he Wcsley College /\nti-1 larassmt.'.nt
Policy and procedures
•
Assist in the preparation of a formal statement of
tomplaint
•
Submit the indiv1dual"sformul ctimplaint to the
Harassmcnt Policy Coordinator
•
Assi:;t the individual throughout 1he I !eating
Panel proceedings
•
Submit a, 1 annuul written repon 10 1he Harassment Policy Coordinator
•
Ath:nd an annual educational/training session
•
Assist in dissemination of informntion 10 identif}
and stop harassment in Lhecollege community
•
I larnssment Advisors serve four-year staggered
terms. Studl.!nt:ippoinlments are reevaluated annually by
1he president in consulliltion ,~ith the academic dean

 I

• Chalking must he IO foet from lhe entrance til a huilding and may not be done on steps
• Chalking may only be posted for a maximum of live days
• Chalking must be removed by the doy atler the e, ·ent date posted
• Banners, sheets. etc. must a lso be approved for positioning by the Director of Student
/\ctlvitics and will be approved only for campus-wiJc events and in spedtk area!i
• Pai1ure lo follow these standards will result in the followirig sanctions : l st Offense
- Wrincn warning Crom8tut.leliCActivities Office: 2nd Offen;:e- posting probativnary
period: 3rd Offense- Revocation or posting privih.:geg for the semester.
15 .0 - SEXUAL MISCONDUCT POLICY

Wesley Co llege believes in a zero tolera nce policy for sexual miscondutt. Member s
of the College communi ty, guests and visitors have th e right to be (rce from sexual
violence. When an allegati on of sexu:11 miscond uct is brought to the adm inistration .
and a respondent is found to have violated this policy. serious sancti.;,ns will be used
to ensure that such act ions a re never repeate d. All membe rs of the communi ty ar e
expected to conduct t hemselves in a mann er t hat does not infri nge upon th e ri ghts of
oth ers. The College Sexua l M isconduct Policy has been developed to reaffi r m these
pr inciple s and to provid e recour se for those individu als whose rights have been violated. T his po licy has dual pur poses. J t serve s as a measur e for us to dete r mine , after
the fact, if behaviors trespass on communi ty values. It also should ser ve as a guide
for you on the expectat io11
s we have, preve ntativ ely, for sexual comm unicat ion, sexual responsibility and sexual respect.
OVERVIEW OF POLICY EXPECTATIONS WITH RESPECT TO PHYSICA L
SEXUAL MISCONDUCT

While lhe policy below is quite detailed and specific, the expectations of this community
can be summarized in this simple paragraph. In order for individuals to engage in sexual
activity of any type with each other. there must be clear consent. Consent is sexual permission. Consent can be given by word or action. but nonverbal const:m is less clear than
talking about what you 11anfand what you don't. Consent to some form of sexual activity
cannot be automatically taken as consent to any other sexual activity. Silence without
actions demonstrating permission cannot be assumed to show consent. There is a difference between seduction and coercion. Coercing someone into sexual activity violates this
policy just as much as physically forcing someone into sex.. Coercion hapr ens when
someone unreasonably pressures someone else for sex. When alcoho l or other drugs are
being used. someone will be considered unable to give valid consent if the) cannot appreciate the who, what, when. where. why. or how or a sexual interaction. Individuals
who consent to sex must be able to understand w'hat they are doing. You will Jo well to
keep in mind that under this policy. ·'No" always means "No." and "Yes" rnay oot always
mean .. Yes:·
RISK REDUCTION TIPS

tr you fiod yourself in an uncomfortable sexual situation. these suggestions may help you
to reduce your risk;
I. If you have limits. make them known before things go too far.
2. Tell a sexual aggressor '·NO" clearly and loudly, like you mean it,
3~ Try to extricate yourself from the physical presence of a sexual aggressor.
4. Grab' someone nearby and ask for help.
5. Be responsible for your alcoho l intake/drug use and realize that akohnl /drug.;;lo\\er
your sexual inhibitions and may make you vulnerable to 5umeone who views a drunk
or high person as a sexual opportunity.

 (J

6. Walch oul for your friends and ask that they watch out for you. A real friend will get
in your foce if'you are abouc to make a mistake. Respect 1hem if they do.
If you lind yourself in the position of being the initiator of sexual behavior. you om:
potential partner. These suggestions may help you to reduce your
sexual respecl to Y<.lur
risk for being accused of :sexual misconduct:
I. DON'T MAKE ASSUMPTIONS. About consent. About someone's sexual a\·ailability. About whe1her they are a!lructed to you. About h1nv far ) Oll can go. About
whether they are physically and mentally :1hle to conscnt to you.
2. Clearly communicate your inkntions to your sexual partner and give them a chance
to clearly relate their intemions 10you.
1 Mixed 111cssagesfrom your panner should be :i clear indication that you should step
hack. defuse the sexual ten~ion.aml communicate belier. Perhups }OU ure misread[ng
rhcm. Perhaps they haven't figured Qut how far they want to g.o with you yet. You
need lo respec1the timeline with which they are cQmfortablc.
4. Don· t take advantage of someone· s drunkenness or drugged srate, even if th.:y Jid it
to themselves.
5. Realize that your potential partner could he intimidated by you. or fearful. You may
have a power advantage simply because of your gender or size. Don·l abuse: that
power.
6. Understand 1hat consent to some forms of sexual behavior does not necessarily imply
eonsenl to other forms of sexual behavior.
7. On this campus. silence and passivity cannot be interpreted by you as an indication of
consent. Read your potential panner c.irclully, paying attenti.on lo verbal und
non-verbal communit..itionand body language.
Although in campus hearings legal ideas like guilt and innoccnct: are not applic,lble.
rest-assured that the College will never assume a student is in violation of university policy. In facl, campus hearings are conducted to take into account lhe totality of all evidence available. from all relevant sources. Wesley College reserves th<!right 10 lllke
whatever measures it deems necessary in response to an allegation or sexual mlsconduct
in order to protect students· rights and personal safety. St1chmeasures include. but arc not
limited to. modification or living arrangement~,inlt'.rim suspension from campus pending
a hearing. and reporting to the local police, Not all forms of sexual misconduct will he
deemed to be equally serious offenses. and the College reserves the right lo impose di l~
tering sanctions. ranging from oral warning to expulsion. depending on the severity oft hcuffense. The College will consider the concerns .1mdrights of both the complainant and
the person accused of sexual misconduct.
SEXUAL MISCONDUCTOFFENSESINCLUDE,BUT ARE NOT LIMITED TO:
I. Sex ual Ha rassme nt
2. No n-Co nsens ual Sex ual Intercourse (or atte mpts to commit sa me )
3. No n-Co nse nsunl Sexua l Co ntact (or attempt s to commit sa me)
4. Sex ual Exploitation
I.

SEXllA
LHARASSMENT

Gender based verbal or physical conduct that unreasonably Interferes wfth or depriv'l:.'.
S
someone of educational access. b1mefilsor opportunities.
Three Types of Sexual Harassment
ile,Environment includes any siwation in which there is harassing conduct that is
A. 111'.?S\
sut1iciently severe. pervasive/persistent and patently/objectively offensive that it alters the conditions of education or employment. from both a subJective (the alleged
victim's) and an objective (reasonable person's) viewpoint.

 ( )

( )

B. Ouidoroquosexual
harassment
exists when there are:
l) unwelcome sexual advances. requests for !,exual favors or other verbal or physical
conduct of a sexual nature; and
2) submission to or rejection of such conduct results in adwrse educali1)nalor employment action.
C. Retaliatory harassment is any Hdverseempfqymcnt or educational action taken against
a person because of the person·s participation in a complaint or investigation of discrimination or sexual misconduct.
2.

NON-CONSENSUA
L SEXUALINTERCO
URSE:

Non-Consensual Se>;ual ll\lercourse is
any sexual intercourse (anal. oral, or vaginal).
however slight,
with any object;
by a man or woman upM a man or a woman.
withour consent*.
SEXUALCONT
AC'T:
J. NON-CONSENSUAL
Non-Consensual Sexual Contact is
any intentional sexual touching,
however slight,
with any object,
hy a man or a woman upon a man or a woman.
without consent*.
•CONSENT DEFINED
Consent is informed. knowing and voluntary. Consent is active. not passive. Silence. i11
and of itselt~ cannot be interpreted as consenL Consent can be given by words or actions.
as long as those words or actions create mutually understandable permission regarding
the conditions of sexual activity. Consent 10 one form of sexual activity cannot imply
consent to other forms of sexual activity.
Previou;: relationships or consent cannot imply consent 10 future sexual acts. Consent
cannot be procured by use of physical force, compelling threats, intimidating behavior, or
coercion. Coercion is unreasonable pn:ssure for sexual activiLy. Coercive behavior differs
from seductive behavior based on the type of pressure someone uses to get consent from
another. When someone makes clear to you that they do not want sex. that they want to
stop. or that they do not want to go past a certain point of sexual interaction. continued
pressure beyond that point can be coercive.
In order to give effective corisenl one must be of legal age. If you have sexual activity
with someone you know to be - or should know to be - mentally or physically incapaci•
tated (by alcohol or Otherdrug use, unconsciousness or blackout), you ate in violation of
this policy. Incapacitation is a state where one cannot make a rational, reasonable decision because tl1eylack the ability 10 understand tJ1c who, what. when. where. why or how
oftneir ~exualinteraction.
This policy also covers someone whose incapacity results lrom mental disability.
sleep. involuntary physical restraint, or from the raking of a so-called ..date-rape"
drug. Possessfon. use and/or disu-ibution of any of these substances. including Rohypnol. Ketomine. OHB. Burundanga, etc. is prohibited. ru1dadministering.one of
these dnigs to another student for the purpose of inducing incapacity ,is a violatfon of
this policy. More Information on these drugs can be found at http·//www.9l l rnps;QTg/
Use of alcohol or other drugs will never function to excuse behavior that violates this

 ( )

t J

policy.
Sexual activity includes:
ln1en1ionalcontact with the breasts. bullock. 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: any intentional bodily contact in a ~cxual manner. though not
involving contact with/of/by breasts. buttocks. groin. genitals. mouth or other oritice.
lnterL"Ourse
however slight. mcnning vaginal penetration hy a penis. o~jcct. tongue or
finger. anal penetrntion by a penis. object. tongue. Or linger. aml oral l'Opulaiion
(mouth to genital contact ur genital fO mouth rnntacl).
4. SEXUAL
EXPLOITATION
Occurs when a st udent takes non-consensual or nbusive se~u-al uuvnntagc of anocher for
his/her own advantage or he,nellt. or to benefit or advantage anyone ~1
ther than 1hc one
being exploited. and that behavior does not otherwise constitute une of other sexual misconduct offenses, Examples of sexual eKploirmioninclude, but are not limited to:
prostituting another studenl:
non-consensual video or audio-taping of sexual activity;
going beyond the boundaries of consent (such as letting your fr.iends hide in the closet
to watch you having consensual sex);
engaging in Peeping Tommcry;
knowingly transmitting an STI or HIV to another student. The requirements of this
policy arc bl1nd to the se.xual orienraclon or preference or individuals engaging in
sexual activity.

SANCTION
STATEMENT
Any student found responsible for violating the policy on Non-Consensual Sexual
Contact (where no intercourse has occurred) will likely receive a sanction ranging
from warning to expulsion. depending on the severlty of the incident. and taking into
nccount any previous campus conduct code violations,•
Any student found responsible for violating the policy on Non-Consensual Se,-:ual
lncercourse will likely face a recommended sanction of suspension or expulsiorr."'
• Any studenr found responsible for v(olatlng the policy on sexual exploitation or sexual harassment w111likely receive a recommended sanction ranging from warning to
expulsion. depending on the severity of the incident. and taking into account any
previous campus conduc1code violations,*
*The conduct body reserves the right to broaden or Jessen any range or recommended
sanctions in the complaint of serious mitigating eircumsi11ncesor egregiously offcmsive
behavior. Neither the initial hearing ollicers nor any appeals body or oflicer will deviate
frl)m the range of recommended sanctions unless compelIingju stilication exists 10do so.
CONFIDENTIALITY AND REPORTING POLICY

Different people on campus have different reporting responsibilities, and different abilities to rnaintain your confidentiality, depending on their roles at the college. When CM ·
suiting campus resources, victims should be aware of confidentiality and mandatory repcn1ing. in order 10 make informed choices. On campus. SQrne resources muy maintain
your complete confidentiality, offering you options and advice without any obliga1i1)nto
tell anyone. unless you want them to. Other resources are expn::s~lythere for you 10 n:port cdmes and policy violations. and they will rake action when yClu report your victimization to them. Most resources-on campus fall in the middle of these two extremcg. Nei1hcr the college nor the law re4uires them to divulge private information tba1 you share
with them, e,-:cepl in extremely rare circomstanccs, Je scrihed bel()w. You may seek assistance from them without starting a chain of events that takes things oul of your control.
or violates your privacy.

 To Report Confidentially
If you desire that details of the mc,d'ent 'be kept confidenual. you should speak wnh me
college counselor. campus health service providers or off-campus rape crisis resources.
(SANE nurses, who specialize in treating victims of sexual assault. nre always avuilahlc
or on-call at Kent Gcncrnl Hospital) who will maintain confldentiality. Campus counseling services are avaihible to help you tree or charge. and can be seen on an emergency
.l off-campus with members of the ..:k:rg) and
basis. In addition. you may speak on anc.
chaplains. who will also keep reports made lo them conli1.kntia.l.
Quasi-Confidential Reporting
You ci,inseek advice from certain resources who are not rcquin:d lo tell miyone t:lsc your
pr,ivate. personally idenlifiabie inform:uiun unkss lht:re is cause for fear for )OUr snfot).
or the safoty ul' others. These resources indude those withoul supervisor} responsibility
~1
r remedial authority to address sexual rni$conduct, ·such a5 RAs. foculty tnt.•mbers. advisors to stuJcnt organi.cations.career services staff admissions olliccrs. studcm aclivitics
pcrsonnd. Student Ltfe staff members, and many others. If you ate unsure of someone· s
duties and abilhy to maintain your privacy, ssk !hem before you talk to 1hem.They will
be able 10 tell you. and help you make decisions about who can help you best. Some of
these resources. such as RAs. are instructed to share incident reports with their supervisors. but they do not share any personally identifiable information about your report unless you give permission, except in the rare event that the incident rt:vt'als a need 10 protect you or other members of the community. If your personally identifiable inibm1alion
is shared. it will be shared with as few people as possible. and all efforts will be made to
protect your confldentiality to the greatest extent
Non-Confidential Reporting Options
You are encouraged to speak to officials of the insti1utionto make formal repurts or in<.:
idents (deans. vice presidents. or other administrators with supervisory responsibilities.
campus security. and human resources). You have the right and can expect to have incidents of sexual rnis..:onduct to be taken seriously by the college when formally reported.
and to have !hose incidents investigated and properly resolved through administrative
procedures. Formal reporting does not mean that your report won ·1 be conlidential. but it
does mean that people who need to know will be told. and information will be shared as
necessary with investigators. witnesses. and !he accused. The circle of people will be kept
as tight as possible. to preserve your rights and privacy.
Additional Policies:
16. Unauthorized possession, ignition. or detonation of any explosive device. firework~.
liquid. or object that is nammable or whkh could cause damage by tire or explosion
lO persons or property on College property.
17. Forging. altering. or misusing College documents. forms. records, or identification
curds. or issuance of a check lo the College or its contractors wilhou! suffident funds.
18. Gambling or playing cards ft)r money stakes.
19. Littering.
10. Violating quiet hours.
21. Smoking and/or the use of any tobacco products are not allowed in any campus
building. Smoking is allowed only nutside of the facilities where-concrete smoking
receptacles are available.
22. Violating the off campus travel policy for groups traveling away from the campus. on
a College sponsored trip. The policy and guidelines are provided in !he Student Organizational Manual. Forms for off campus sponsored travel are available in the Student Activities Office. Studen1Lite Office. und the Safety and Security Oflicc.

 23. Public Urination or lewd or indecent conduct.
24. Entering or using College buildings. facilities. equipment. or resources. or possession
or use of College keys for unauthorized purposes.
25. Loitering: Due to fire safety concerns and for the personal safety of stud1rnts.loitl'ring
is not permitted in front of any residence hall. An} studerH who srnn<ls.and/or sits
idle in a group on the ~teps. :sidewalk. or stands or congregates with 1)thers in front of
a re~idence hall will be considered loitering. Any student who violates this polic~
sidence Life
nnd/or refw,es w move when requcsk d by Weslc) College Security nr R1;:
staff ( RDs: RAs) wi II be assessed financially for# I0.0 - Failure 10 Comply.
GOOD SAMARATIN POLICY

The health and safety of olir students is of the highest priority. At times stu<lcnts h1a)
need immediate ml!dical or other professional assistance. I lowcvcr. students may be rcluetant to get help because of concerns that their own hehuvior may he a violation of th1::
Student Code of Conduct To minimize any hesitation students or student organizations
may hsve in ohtaining help due to these concerns Wesley College has enacted the following ··Good Samaritan" provision.
/\Hhough policy violations cannot be overlooked. Wesley College will con~ider the.>
po;:;itive impact of reporting an incident when determining the appropriate response for policy
violations. In such cases. any possible negative consequences for the reportt'.r(S) ot- thc
problelli should be evaluated against the possible negative consequences for the $tudcnt(s) who needed assistance. At a minimum. students or student organizations should
make an anonymous report that would put the studl!nt in need in touch with emergency
care providers (Police. EMS. t'tc.). Examples where this policy would apply include hut
are not limited to:
I. A student is reluctant to call an ambulance when a friend becomes unconscious
following excessive consumption of alcohol because the reporting student is
under the age of 21 and was also consuming alcohol.
2. A student is reluctant to report that he/she has been sexually assaulted because
he/she had been consuming alcohol and is under the age of 21.
PROCEDURES FOR STUDENT CONDUCT ADMINISTRATION

!'he Dean of Stud<1ntsshall have primary auihority and responsibility for the administration of student discipline at Wesley College and for investigating allegations that a swdeol has violated College rules and regulations. or specific orders and instructions issued
by an administrative oflicial of the College.
Any m.:mber of the College community may file a complaint ttgainst a student for violations of the Student Code of Conduct. The report :;hall be prepared in writing and suhmitted to the Director of Safety and Security, Any complaint should be submitted as soon
as possible alter the incident takes place, prclcrably within two business days.

Prure:;s
Overview
Any violations of the Wesley College Student Code of Conduct must be reported through
an inddent report. The report· may come from a campus Safety & Security Officer. a
Residence Lile staff member. Law Enforcement Oflicer. Wesley College studenL or any
other member of the Wesley College or local cornmunity.

Standardof Proof
The Judicial process at Wesley College.. like many colleges and universities. opcrat<!:based on a '' preponderance ofevidencc " as tbe ·•standard of proor:· A preponderance of'
evidence is described as enough evidence to make it more likely than not that the accu:;ed
student has violated the Student Code of Conduct.

Eduration
al Confereo
se

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Once an incident or violation of the Student Code of Conduct has been reported. the lirs!
step will be un Educational Conterence . Educational Conforenc.es are held by trainl!\l
Judicial I h:aring Oflicers, which may be a Resident Director. Student Life staff member.
administrator. or faculty member. r he Director of Residence Life or Dean of Students
will assign each accust:d student a Conduct Officer for their Educulional Conlc rencc.
Parents are not permitted to attend Educational Conferences with stu<le nts.
During the Euucational Conference. the accused studcnt(s) and the conduct ol1icer \\ ill
meet 10 infom1ally discuss the incident, and the student(s) will ~e given lhe opportunity
to explain his/her version or events. In lhe event that the conduct oflicc r determines that
a policy has NO f been violated. then the case and an)' relater!jud icial charges may he
dismissed. I ft he ..:ond uct officer maintains that a poliC) has been violated_ the accused
,tuJe nt(s) will be given two 1lptions: The first option is to accept responsibility lor violating the policy: thus. waiving the right to a fomwl Judicial Board ([earing. an<lhaving
the conduct officer issue the studcnt(s) his/her judici al sam:tions (oulc(),ne). When this
occ urs. the case is considered RESOLVE.D at the conclusion of the Educational Conference.
Students may NOT appeal the outcome of an Educational Conference. since the stutlt:nt is
essentially taking responsibility for violating the Code of Conduct, and thi.:y art: waiving
their right to a formal judicial hearing. Additfonally. at an Educational Conference. the
student is either informed of the exact disciplinary sanctfons being imposed. or at o minimum. they will be given a range. or possible sanctions heing considered. before the studcnf is required to accept responsibility or request a formal judicial hearing.
Stude.nts who do not feel as though they have violated the Student Code of Conduct. have
a second option, which is to request a formal Judicial Board I fearing. All students have
a right IO o fair and objective Judicial Board Hearing.

JudicialBoardHearing
s
A Judicial Board Hearing will occur when the accused swdent(s) does not feel he/she is
responsible for violating the Student Code of Conduct.
Judidal Boards
Judicial Board Hearing Officers are thoroughly trained faculty members. staff mcmbi.:rs.
and students. Faculty and Staff Judicial Board Members are appointt:d by the President
of the College. Students who wish to serve on the judicial board. may apply through the
O.f.llceof Stttdem life. In order for a student to be selccred, they must have a clean student conduct record, and may not be on any disciplinary probation status. Students must
also be in good academic standing. with a minimum 2.50 cumulative Grade Point Average. Eligible srudents will be interviewed by 1hc Director of Residence Life. or a de~
~ignee. and members of the Student Life staff. There will he a large pool of trained faculty, staff. and student judicial board members.
Each Judicial Board for individual incidents or cases will consist of three (3) Judicial
Board Hearing Otlicers. A Judicial Board may consist of the following compositions:
• One faculty member. one staff member. and one student member
• Two Faculty members. and one student member
• Two Staff members. and ont: student member
• Three Faculty/Staff members (no student member)
Students wanting a Judicial Board Hearing will need to complete a ;'Request for a Judicial Board Hearing Form: · On the form. the accused studenl(s) (or the victim in sexual
misconduct hearings} may indicate their preferred board composirion, among the aforementioned options. All of this will be !horoughly explained during the accused student' s
Educational Conference.
The student may also indicate if they wish to have a "Full Judicial Board Il earing." or a

 "Sa nction Only.. Judicial Boa.rdHcariog. ln the case of full Judicial Board 1-learings, the
board will determine if the accused student hus violated any policy or pl)licies. If the
hoard finds lhe accused student responsible for viofating om: or more policy. tht:y will
also dett:rminc the appropriate disciplinary sanctioning (outcome). A student may opt
for a "Sanction Only.. Judicial Board Hearing, when their responsibility for the violation
has already been acknciwlcdged (for exampk. they havl.' alread) accepted rcsponsibilit)
for the violation): however. they tlo not wish to a1x:cptthe ~unctions hcing offer.:d at the
Fducational Conference. In lhese cases. it is the Judicial Board's task to determine the
appropriate disciplinary sanctioning.
Every effort will be made to ensure that each a.i.:cusedstu,lt:nt iS'givtln u foir and objective
.Judicial Hearing. Part of this will be rm1king ~ure that there an: no i.:ontlictsurinterest
between a boa.rd member and an accused student (i.e. the accused Student's academic
advisor being 011 the board. accused student in a b()ard member's academic discipline.
actused student having a pcr~onal friendship with any board n1emher. including tht: slu·
dent member. etc .). Bbard members arc trained to l;!xcusethemselves if then::is a significant eonllict of interest. Should the accused student fe.d a i.:onflict of interest°ma) e;xist.
they should immediaH:lybring. this to the attention of the l)ireclor of Residence Lite 11r
Dean of Students. upon receipt of the hearing notice.

AnnealProcedure
s
Students who wish to dispute the outcome of an J\dministrative or Judicial Board Hearing. may appeal their case to an Appellate Panel. which is chaired by the Dean of StudenlS and consists of two additional college oflitials appointed by the President of the
College.
To initiate the appeal process. the student must complete an App.:llate Form and submit it
to the Director of Residence Life. or a designee. within ten ( I 0) College Business days
from the ''Exit Date" noted al the bonon1of the Sanction Assessment Form that 1he stu<lenl r.:ceived following their Judicial I fearing. An appeaJ must con1ain complete justification and details about why the student feels·an appeal should be granted. An appeal is
not a rehearing of the original case. ln order for an appeal to he reviewed by the Appellate Panel, the following criteria must be met:
I . A substantive procedural erro r occurred that significantly affected the outcome of the
hearing.
2. New evidence that was not available at the time of the hearing. which. if introduced,
would significantly atTectthe outcome of1he hearing.
J . The Sanction is significantly inconsistent with institutional guidelines and/or past
practices.
If it is de1ermined !hat there is just cause for an appeal by meeting one or more of the
criteria listed above. the Director tif Residence Life. or a designee. will forward !he entire
case ti le to the Dean of Students, Chair of the Appellate Panel. The Appellate Panel will
review all of tne documents relah::dto the case. hearing. :ind sanction nsse~smenl. anti
wi 11 take one of the following 1woactions:
i. Affirm the decision of the' original hearing body
ii. Remand the case back to the Judicial Board. with instructions.

Allderisions
madebx thet\ooellatePanelace FINAi,.
PROCEDURES

The following procedures will be followed ln any case. which results in a hearing before
the Judicial I tearing Board ("Board''). College Disciplinary Hearings are not l.egal procetldings. there lore. neither 1hcstudent nor 1heCollege may have legal counsel prc~enl at
the hearing.
I. The accused Student will be given written notice of the following:

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a. The alleged viola1ion\s)
b. The names involved. date and place of the Hearing
2. The student is entitled to appear i11 person before lhe Board lo defend against the
charges. If the student elects not ro appear. the Board will reach its decision on the
ba~is of information available to it at the l lt:aring.
3. The student or the College may ,requc:-l that witne::ist:Scompetent to give tcstimon)
relevant to the specilic charges preferred. bl.'called to testify before t·he Board. Written or Lape n::cordedstatements, rather than personal h:stilillvnyhy \\i lnesses before
the Board. may be permitted at 1hc Board's discretion ll'hen extenuating circummmccs prevent the appearance of a witness. f-ailurc of a witness to be pre~ent at tht: time
uf the Hearing. excerl in extenuating circumstances. will not he grounds to Jelay the
proceedings.
4. fhe Judicial I !earing Hoard may accommodate concerns for tht: pt:rsonal safety,
well-being. and/o r fears of confrontation of the Complainant. /\ccu~ed Student.
and/or other witnesses during the hcaring by providing separate facilities. by using .i
visual screen. and/or by permitting participation by telephone. videophone. closed
circuit television. videoconferencing. videotape. audiotape. written statement. or other
means, where and as determined in the judgment of the Dean of Students and/or Judicial Heuring Board to be appropriate.
5. The College·s case will be presented by the Dean of Students, Director of Safety &
Security. or designee, who may ask questions of any witness.
6. The student may invite a member of the Wesley College Faculty or Professional StalT
to assist in ru1sweringthe charge(s) and to be pn:sent 1hroughouJ the Hearing. as an
advisor. The advisor's role in the hearing is limited. lie or she may write notes or
whisper to the student. The advisor is not permitted to directly address the me11nba$
of the hearing hoard or any witnesses. The advisor may not offer any testimony to the
Judicial Board.
7. The Complainant. Accused Student and his or her advisors, if any, $hall be allowed to
attend the entire portion of the Disciplinary Hearing at which information i.5 rt:ceivcd
except deliberations (except when the board feels this presents safety concerns).
8. The Student may decline to answer questions asked by membtirs of the Board. However. in such a situation. the C3oardshall make its decision on the basis of information
available at the Hearing.
9. The Board shall not be bound by the rules of evidence used in the conduct or trials
UJ1dcourts of law. Hearings shall he oren on ly 10 members of the Judicial Hearing
Board, the charged student. advisors and witnesses, Witnesses shall be present only
during the time lhey are presenting testimony.
I0. The Board shall make an appropriate record of the proceedings and this record shall
be available to the accused upon his/her request: however. it may not leave the Dean
of Student$ Office or Office of Student Affairs. Board 1-!
earings shall be tape recorded
fn their ~ntirety. Following the Hearing and during the appeal period. the student
and/or advisor present throughout the Hearing may listen to rhe tape in the Dean of
Student"s office. Recordings of Board Hearings and decisions shall be filed in the Of:.
fice of the Dean of Students as a permanent record.
11.At the conclusion of a Hearing, the Board members shall meet in dosed session to
delermine its decision. The advisor may not be present during deliberations. Ir the
student is found responsible or violating the Community Standard~. the Board shall
consult with the Dean of Students or Ofrector of Residence Life prior to determining
a sanction or censure.
12. The student shall be promptly and orally informed oftfie dcci::;ionhy tht'.Chair of the

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Board. Written notice of the decision shall be sent to lhe student by a representative
of the Judicial Board within three (3) working days.
13. Students suspended for community ~tandards violations may nm \vithdraw from the
college in lieu of suspension.
14 , 'The student may elect to waive any and all of lhe above rights. Such wah·crs shall be
pill in writing and mude a pn,1of the record ol' the proceeding.
SANCTIONS

The Conduct Onice r or Judicial I fearing Board shall render a l.lccisionto b()lh partie~ as
soon as practicable as to if the accused student is responsible for violations and shall, it,
l
necessary. ass1::ssa penalty or penalties. These penalties. which are 1101 exdusive . b11
may be imposed together with other penalties, im:lude. but are not limited to:
I . Verbal or Written Warning - The stu(lent is nNilkd that he or she is fn violati11nof
College policies and that addiltonal violations may result in more severe Jisciplinary
sanctions.
2. Rest ituti on- Monetary reimbursement for theft or damages or misappropriation or
property of the Colle.ge.
3. Fines- A monetary amount charged as a :;anctiun for violation of College pulicy.
Alcohol l st Offense $200.00
2nd Offense $300.00
Animal Policy $200.00
Candles/incense$ 50.00
Discharge of Pire Extinguisher$ I 00.00 (plus charges filed)
Disorderly Conduct$ l00.00
Drugs/Drug Paraphernalia $250
2nd Offense $400
Failure to Comply
I st Offense $ I 00.00
2nd Offense $250.00
Failure to Exit during a fire alarm $50.00
False Fire Alarm $300 .00 (plus charges filed)
Guest Misconduct $50.00
Littering $25.00
Noise Violation
1st Offense $50.00
2nd Offense $100.00
Possession orkeg $300 .00
Public Urination $100.00
Smoking Violation $ 30.00
Vandalism $100.00 (plus restitution)
4. Wof k Project- Assignment of the student to work for the Colkge for a specilieu
number of hours or complete a specllied number of work hoi.m;()ff campus ::is a volunteer at a loc!ll social service agency or the equivalent: or to attend an educational
event. Unle$Sotherwise indicated, the project must be completed within two weeks. If
the project is not completed within the time specified. suspension may result.
5. Den ied Access- Denial of the student's right to be in specific areas ol't he c1tmpusor a

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specified period of cime (i.e. exclusion from a residence hall. game room), Termination ufrhe Housing ComracLis not a censure or denied access under this provision.
6. Disciplin ary Probati on- Formal notification to the student that his or her behavior
must he above reproach at all times 1111dthat subsequent violations will result in the
imposition of more severe !sanctions. Discip!inary Probation is established for a spe·
citic period of time. Violation may result in expulsi1ln or !iUSpension.Condition:; of
probation must be staled to the student in writing and may inclUdl\ bm arc not limited
lCl:

exclusion from all ,,r designated co-curricular activities
c:<clusionfrom the u:se of sped tied College facilities
Lhc performance of community service pro,iects or the perlOrmam:e ol
non-compensated service to a College Jepurtment for a spel'ilied period oflirm:
sponsorship of or partlcipatlon in etlucali(lnal programs
Lhere-assignment of a sludem to ano1herresidence unit for the period orprobation
7. Spec ial P.roj ec t - The requirement that the student 1:ompletea special project that
may be, but is not limited to. writing an essay. attending a special da.'\S or lecture. or
attending counseling sessions. The special pro_kct may be imposed only for a ddinitc
term.
8. Te rminat ion of Housing Co ntrac t- Not a censure of denied access. but a requirement that the student must tind housing off campus. Termination of the I lousing
Contract docs not necesS,uil y include tem1ination of the board contract.
9. Co unse ling, Psyc holog ical Evaluati on- When deemed appropriate. referral for
counseling or psychologicalevaluation may be rcquir..:d.
10. Sus pension - Sepuracion of the studc111from the insti1u1ionfor a specific period of
time. A student who is suspended from the College C()mmunitymay not be present on
the campus at any time during the period of suspension. Class work missed during rhc.
period of ~uspension may not be made up, Students suspended for Communit)
Standard violations may not withdraw from the college in lieu or suspension.
11. Expul sion- Permanent termination of Lhestudent's status at the ins1itution, Used onf;.
for offenses In which iL has been determined that the student. through repeated M·fenses or the seriousness of an individual offense. has forfeited any right or privilege
to be a member of the College community: or where the continued presence of the individual presents a continuing and immediate threat to the College. members of the
College community, or property of either.
ALCOHOLSANCTIONS ,rne.sE •Rf. APPRO.'<JMA
'TIONs.

~Al'H r, ,sE ,s s"Ncr ,oNtD INDl\fDIJM.1.Y~so M~ ,. VAR~

FROM fHESE OUIDEWIES)

Individu al Beha vior(s)

.
.
.

Underage (under 21) possession and/or
consumption
Open Conminer in public or on campus
Ilusting a party involving: the illegal
use of alcohol to minors
Public Intoxication

First Offen se

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Oisl.'iplinary probation lbr a .semester
ur one year
Alcohol Education program
$200.00 campus citation
Personal Reflection Starement

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Second Offense

.

.
.
.
.

Third Offen se

Probation extended for one year and/or
deferred suspension
i

l\lcllho l nssessmenl or suhstance abuse
counseling
$300 .00 campus cit,Hiun
Community Service
Parental Notiltcalion

.
.

c:;uspe
nsi1>nfrom the college for I year
Pan:ntal Not i lication
Successful completion uf substance
tibuse treatmem program

*These are typical sanctions: however. there are exceptions. Each student's unique circumstance:; an: reviewed when determining.·the most appropriate judicial sanctions for
that particular student. as well as the best interest of the greater Wesley College community, Sanctioning is at the discretion of the Judicial Board or Conduct Officer.
Sa nctions for Violating Dru g Policies
Marijuana

First Violation
$250 tine
Mandatory substance abuse assessment
Possible Random Drug Testing (Failure will result in suspen11io
n)
Disciplinar)' probation torone year
Parental notification
Possible service work assignment
Participation in a drug education program
Residence hall access restriction
Second Violation
$400 fine
Mandatory Random Drug Testing (Failure will result in suspension)
Housing suspension and ban from all residence halls
Parental notification
Mandatory substance abuse assessment
Third Violation
Expulsion from the College
Other Illega l Drugs

First Violation
Housing suspension - one ~emester minimum
Disciplinary probation for one year
Parental notitication
Mandatory substance abust: assessment
Residence hall access restriction

 Second Violation
Su~pension from colkge - minimum of one year. or permanent expulsion
Violations invob 1i11gtlte s ale or distribution of illegal drugs ill1tllor co11trolled substances will result 111p ermanent expufoo11from the College.
The College reserves the right at any point in the range oroilenst.:s lo impose sanction>
deemed appropriate in addition to or in place of sanctions listed above. In all cases. the
College res1:rves the right IO prosecute criminally li1r violuli<lllof p<1lic
ies concerning
alcohl)l and drugs.
INTERIM DISCIPLINARY ACTION

Tht: Dean or StuJcnts may take: immediate intnim disciplinary action, includi11gsusp~nsion. pending a hearing agninst a student for violation ot'a rule 1md r,:g.ulationund when
the continuing presence of the student poses a danger ro him or herself. 01hermembers or
the community. property. or an ongoing threat of disrupting the academic process. When
immediate interim discip1inaryaction (suet\ as interim suspension) has been taken. hearings will be held under the disciplinary procedures set forth in lhe Student Handbook but
will be held as soon as prac1icable atler the disciplinary action has been taken unless
otherwise agreed to by 1hestudent.
PARENTAL NOTIFICATION

The Dean of Students or his or her delegate has the authorily to determine when and b)
what means to notify parents or guardians about their smdent's infraction and resulling
censure. When students under the age of 2 1 arc found to h.avc committed serious or repeated violations of College policies related to rhe possession. use or distribution of alcohol or drugs, parental notification may occur.

RESIDENCE LIFE
Wesley College believes that residence life is an integral part of the total educational
experience. In addition lo providing students with a place to live, the residenct: hall provides students with a community in which lifostyles can be developed. challenged. and
tested. Some of the advantages of residence hall commu11ityliving include: formation of
lifelong friendships. participation in various social and athletk activities. involvement in
the operation of the community governance system. exposure to the attitudes and vulues
of oth.ers. developmcnt of a tolerance to different values and behaviors. enhancement of
academic skills by exposure to other students· study habits. and integration of the academic-and residential lite ofthe campus. While the residence hall experience is designed
10 allow studenis to grow and to develop as individuals and leaves many of1he decisions
which atlect 1heir daily lives to their own discretion. the College mandates policies anti
guidelines for community living. These are not intended lo hinder communi1y development, but to promote institutional goals. maintain high standards of security and sanitation conform to local or state fire. building. safely and health codes and regulations, und
protec1 the College.·s investment in facilities and llrrnishings. A large part of "college
education·· is the learning I.hat comes from living with others. Wesley's residence life
program is designed to make the adjustments - personal. social. and academic - as
healthy as possible, and to make the living.experience both i.:ducationaland enjoyabk .
RESIDENCE LIFE STAFF

The. Director of Residence Life provides ove.rall coordinadon for the residence halls. A
Resident Director (RD) resides in each residence hall and provides supervision for management of the hall. Each residence hall also has upper-class ~tudents who serve as Resiration
dent Assistants (RA). The role of these students is to assist the RD in the daily <.>pe
orthe building. and to be a resource lo students.

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uNLTEDSTATES DEPARTM ENT OF ELJUCATION

REGION Ill

OF FICE FOR CIVIL RIGHTS

KENTUCK)

THE \VA AMAKER BUll,.DING, SUITE 515
lOOPBNN SQUARE EAST
f'IIIL/\Dl!I Pl IIA. PA 11)107-3323

ObLAWi\RE

MARYL,\NO
PENNSYLVANIA
WEST VIRGINIA

Ju ly XX, 2015
IN RESPONSE, PLEASE REFERTO: 03152329
~X6) ; (b)(7(C)

Dear

(b)(6) ; (b)(7(

This refers to the compla int you filed with the U.S. Department of Education, Office for Civil
Rights (OCR), against Wesley College (the College). You alleged that the College discriminated
(the Student) , on the basis of sex when it subjected him to an
against (b){ ; (bJ(7{CJ
inequita e gn evance and appeal rocess ertaining to a sexual misconduct complaint that was
filed against him by the Co llege in (bl{ ); (bJ(7
OCR enforces Title IX of the Education Amendments of 1972 (Titl e lX) and its implementing
regulation. 34 C.F.R. Part l 06, which prohibit discrimination on the basis of sex. As a recipient of
Federal financial assistance from the Department, the College is subj ect to Title IX. Additional
/ocr.
information about the laws OCR enforces is available on our website at hnp://w\.vw.ed.gov
We will inves tigate the allegation above because OCR has jurisd iction and the allegation was filed
timely. Please note that investigating an allegatio n in no way implies that OCR has decided its
merit. During the investigation, OCR is a neutral fact-finde r. collecting and analyzing relevant
evidence from the complainant, the recipient , and other sources. OCR will ensure that its
investigation is legally sufficient and is dispositive of the allegations, in accordance with the
provisions of Article lII of the Case Process ing Manual,
OCR can resolve complaint allegations before completing an investigation in two ways: Early Complaint
Resolution (!:;CR) and voluntary resolution agreements. Here is what you can expect regarding ECR:
•

The goal is to resolve the complaint quickly through an agreement between the recipient and the
Complainant;
OCR will contaet you shortly to determine your interestand to answer any questions;
ECR is a voluntary process, and may be terminated by any party:
The Complainant and the recipient are asked to complete the attat.:hed forms (regarding
participation and confidentiality);
During ECR, the facilitator ,viii contact each party and provide assistance concerning legal
standards and possible remedies;
Jf an agreement is reached, OCR will close the complaint;
OCR does not enforce ECR agreements.

•
•
•
•
•

•

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.July 28, 2015
IN RESPON SE,

PLEASE REFER T O : 031'52329

(bX6); (b)lf(C)

Dcarl~~~6)
;(b)(7
This refers to the complaint you filed with the U.S. Department of Education. Office for Civil
Rights (OCR). a ainst Wesle College (the College). You alleged that the College disc iminated
against (b)(6); < )(7(
(the Student), on the basis of sex when it subjected I im 10 an
inc4uit· e grievance an appeal process pertaining to a sexual mjsconduc t complaint that was
filed against him by the College in !<b)(6J; (b)(7(Cl I
OCR enforces Title IX of the Education Amendments of 1972 (Title IX ) and its i1npl mcnting
regulation, 34 C.F.R. Part I06, which prohibit discrimination on the basis of sex. As a re ipicnt of
Federal financial assistance from the Department, the Collt:ge is subject to Title IX. dditional
infonnation about the laws OCR enforces is available on our website at http://www.e 10 /ocr.
We will investigate the allegation above because OCR has jurisdict ion and the allegation as filed
timely. Please note that inve~tigaling an allegation in no way implies that OCR has d cided its
merit. During the investigation. OCR is a neutral fact-finder. collecting and analyz;in relevant
evidence from the complainant. the recipient, and other sources. OCR wi ll ensur that its
investigation is legally sufficient and is dispositivc of the allegations,
provisions uf Article Jll of the Case Processing Manual.
OCR can resolve complaint allegations he/ore completing an investigation in two way : Early
Complaint Resolution (ECR) and voluntary resolution agreements. Here is what you c expect
regarding ECR:
•

The goal is to rcsolv~ the complainL 4uicl<ly through an agreement between the recipient

•
•
•

and the Complainant ;
OCR will contact you shortly to determine your interest and to answer any questio s:
ECR is a voluntary process , and may be terminated by any party;
The Compla inant and the recipient arc asked to complete the attached forms ( egarding
participation and confidentiality);

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v{ E:d111,1fi,111
'• 1111~Mt>111~lo 111vr1111
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During ECR. the facilitator will contact each party a.nd provide assistance cum:t:rring legal
standards and possible remedies:
If an agreement is reached, OCR will do se the complaint;
OCR does not enforce ECR agreements,

Complaints can also be resolved before the completion of an investigation through oluntary
resolution agreements betw een OCR and lht! recipient as follows:
•
•
•

•
•

The rt:cipicnt expresses an interest in resolving the complaint through an agreeme t:
If the ct1mplain1 can be resolved throu gh a voluntary resolut ion agreement , Ul'K viii dralt
an agreement for the recipient's review;
lf the recipient signs a voluntary resolution agrct?ment, OCR will issue letters not tying the
Complainant and the recipient that the case has been resolved:
OCR monitors voluntary resolution agreements;
The complainant is not a party to the agreement.

This letter sets forth OCR 's determination in an individual OCR case. This letter is not a formal
statement of OCR policy and should not be relied upon, cited or construed as such. OC s formal
policy statements are approved by a duly authorized OCR officia l and made availab c to the
public. The Complainant may have the right to Jile a private suit in federal court whet
OCR finds a violation.
If you have any questions, please contact me at 215-656-6935 or by email at be h.gcllmanbeer@cd.gov.
~incerely,
/
' /
:,C -

c::::::::..

Beth Gdlman -13ccr
Team Leader

 (
UNITED STATES DEPARTMENT OF EDUCATION

REGION Ill

OFFIC E FOR C IV IL RIGHT S

KEN1UCKY

OFL,\W ARE
MARYi.AND
PENNSYLVANIA
WFSTVIRGINlA

THE WANAMAKER BUILDING. SUITE 5 15
100 PENN SQUARE EAST
PIIII i\DELPII IA. PA 19 107-3323

July XX, 2015
IN RESPONSE, PLEASE REFER TO: 03 152329
Robe rt E. Clark 11
President
Wesley College
120 North State Streel
Dove r. DE 1990 I
Dear Mr. Clark:
On May 12, 201S, the U.S. Department of Education (Departme nt), Office for Civil Right s
(OCR) , received a comp laint against Wesley Co llege (the College..,....
. ~ <b;l,..;6..,) ;....{b~)(_7(_c):.-...----,1---'
(the Complain ant) alleges that the College discri min ated again st {b)(5); (b < C)
(the
Student) on the basis of sex when it subjected him to an inequitable grievance and appeal process
f~;;(in g to a sexual misconduct complaint that was filed against him by the College in

r~mc
I

OCR enforce s Title IX of the Education Amendments of 1972 (T itle IX) and its impl eme nting
regulation, 34 C.F .R . Part 106 , which prohibit discrimination on the basi s of sex. As a reci pient
of federal fmancial assistanc e from the Department , the College is subject to these Jaws.
Additiona l information about the laws OCR enforces is availabl e on ou r webs ite at
http://www.ed.gov / ocr.
We will investigate the allegation above because OCR has jurisdiction and the allegation was
filed time ly. Please note that openin g allegations for investigation in no way imp lies that OCR
has made a determination with regard to their merit. During the investi gation , OCR is a neutraJ
fact-finder , co llecting and anal yz ing relevant evidence from the complainant , the recipi ent, and
other sources , as appropriate . OCR will ens ure that its investigatio n is lega lly sufficient and is
dispos itive of the aJJegations , in accordance with the prov isions of Art icle III of the Case
Process ing Man ual.
OCR can resolve complai nt allegat ions before completin g an inves tigation in two ways: Early
Complaint R eso lution (EC R) and voluntary reso lution agreements. Her e is what you can expect
regarding ECR :
•
•

The goa l is to resolve the complaint quickly thro ugh an agreem ent between the recipient
and the Compl ainant ;
OCR will contact you shortly to determine your interest and to answe r any questions;

.
1J....
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Ju ly 28, 20 15

IN RESPONSE, PLEASE REFER TO: 03152329
Kobert L:..Clark II
President
Wcsley College
120 North State Strcct
Dovct, DE !9901
Dear Mr. Clark:

On May 12. 2015. the U.S. Dcparuncnt of l:ducation (Department). Ollice for Civil Ri hts
(OCR), received a complaint against Wesley College (the College . Cb) ; Cb)( C)
(the Complainant) alleges that the College discrim inated against (b)(6); Cb< (C)
Student) on the basis of sex when it subjected him to an inequitable-'-g
....
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e...
van
....
· .,..
c__
e_a_n_,,..-ap
__p_e__
a..,..-:,...
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ocess
~g
to a sexual misconduct complaint that was filed against him by the College i !~~~~
>,;

I

OCR enforces Title IX of the Education Amendments of 1972 Critic IX) and its implc
regulation. 34 C.F .R . Part I 06. which prohibit d iscr imination on lhc bosis o f sex. As o r

of Federal financial assistance from the Department, the College is su~ject to thes laws.
Additional information about the laws OCR enforces is available on our web ite at
http://www.cd.gov/ocr.

We will investigate the allegation above because OCR has jurisdic tion and the allcgati n was
filed timely. Please note that opening allegations for investigation in no way implies th l OCR
has made a detenninatio n with regard to their merit. During the investigation. OCR is a eutral
fact-finder, collecting and ana ly7.ing relevant evidence from the complainant, the recipic 1t. and
other sources, as appropriate. OCR will ensure that its investigation is legall y sufficicn and is
dispositive of the allegations. in accordance with the provisions of Article TTlof th Case

ProcessingManual.
OCR can resolve complaint allega tions before completing an investigation in two ways: Early
ComplaintResolution(ECR) and voluntary resolution agreements. Ifere is what you can 1.:xpcct
regarding ECR:
•
•

The goa l is to resolve the complaint quickly through an agreement between the re ·ipicnt
and the Complai nant;
OCR will contact you shortly to determine your interest and to answt:r any questio s;

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Page 2 of 5 - Robert E. Clark . I I, Prc sid !nt
•
•
•
•
•

ECR is a voluntary process, and may be terminated by any party:
Th e Complainan t and the recipient are asked to complete the attached forms (re arding
participation and confidentiality);
During ECR. the facilitator will co ntact each party and provide ass ista nce con eming
legal standards and possible remedies ;
If an agreeme nt is reached, OCR wiII close the com plaint ~
OCR does not enfo rce ECR ag reem ents .

Complaints can also be resolved before the comple tion of an investigat ion through vo untar y
reso lution agreemems hcrween OCR and the rccipicnr as follows:
•

•
•
•
•

The recipient expresses an interest in resolving the complai nt through an agreemen ;
If the comp laint can be rcsolvcc.l through a volu ntary reso lution agreement. 0 R will
draft an agreement for th e recipient ' s review;
If the recipient sign s a vo luntary resolution agreement, OCR w ill issue letters n tifying
the Complainant and the reci p ient that tbe case ha s been resolved:
OCR monitors voluntary resolution agreements:
The co mplainant is not a party to the agreement.

Please read the enclosed document entitled "OCR Complaint Processing Procedures t
includes information abo ut : OCR's co mplaint evaluation and resol ution procedures; reg
proh ibitions against retaliation , intimidation and harassme nt o f persons who file compl ·
OCR or partic ipate in an OCR investigati on; and application of the Freedom of lnformati
and the Priv acy Act to OCR investigations.

which
latory
s with
n Ac t

OCR inl~ntls to cumlucl a prompt investigation of this complaint. The regulation implc cnting
Tit le VI, at 34 C.F.R. § l00 .6(b ) and (c), requires that a recipient of Federa l financial ass sta nce
make available to OCR information that may be p ertinent to reach a comp liance determi ation.
This requirement is incorporat ed by reference in the Section 504 regulation at § l 04.61 and in
the Title IX regulati on at § 106.71. Pursuant to 34 C.F .R. § 100.6(c) and 34 C . .R. §
99.31(a)(3)(iii), of the regulation implementing rhe Family Educational Rights and Priv y Act
(.FERPA) , 20 U.S.C. § 1232g , OCR may review per so nall y ident ifiable records without re ard to
considerations of priva cy or confiden tiali ty.
Accordingly , OCR is requesting that you forward the following information to us within
( I 5) calendar day s. Please note thaL in this request , the term "correspo nd ence" includes
not limited to. e-mail , mee ling notes, notes of telephone conversations , and all
memoranda . In eac h instance where u policy is requested bur a wriu en policy on the m
issue does not exis t, provide instead an expla narion of the. College's usual practice. :

fifteen
but is
e/aJed
lier at

1. A narrative respo nse to the al legations.
2 . A copy of the Co llege' s po lici es of nondiscrimination on the ba sis of sex, along w th any
related procedures and time frames governing the implementatio n of such poli cies and a
narrative description o f how the College notifies stu dents and employees of these licies
and proc edures .

 )
Page 3 of 5 - Robert E. Clark ll. Presid ent

)
-

J

3. A copy of the Co llege's policies rega rding sexua l miscondm:t by students , along, ith any
procedures used by the College related to the investigation. hear ing and/or d cision,
sanctioning. and appea l of such matters.
4. A copy of all docum ents regarding the alleged sexual misconduct by the Com lainant
and subsequent investiga tion. hearing /decision. s.~nctioning, and appeal. in luding
witness statements, invest igative notes und findings, e-mail messages an other
correspondence, and a recording or transcript of all hearing s held.
5. The names and titles of aJl individuals involved in the invcsligation of the all gation
agains t the Complainan t. in the hearin g/decision. sanctioning. and appeal, as wet( as the
role of each individual.
I

6. The names and titlt:s of all individuals who were present t::ach time the :allege
interviewed or met with the Complainant and 1or h.is family in relation to the co plaint
Lhat was brought against him .

7. A desc ript ion of information provided in advance of the heari ng/decision to the
Complainant and the party who alleged misconduct by the Compla inant. includ ng the
date on which each was provided access to evidence to prepare for the hearing .
8. A description of how witnesses were sdecte<l for the investigation, ine.luding whc er the

Complainant and the party who alleged misconductby the Complainantwere pe itted
to provide witnesses. ff either of the parties were not permitte d to provide wit esses ,
please provide a description regarding why they were not permined to do so and a
statement regardi ng whet her this was consistent with the Co llege 's proced ures
d with
standards of due process.
9. If lim its were placed on the witness statemen ts that were provided ro the Comp ainant ,
please provide a descrip tion of the limits , the reason for the limits, and a s ement
indicating how these limits arc consistent with the College's procedu res an wjlh
standards of due process .
10. A description of the procedures that arc employed during witness interviews in sexual
misconduct complaints. including but not limited to. mechanisms and procedures
used lo ensure the accurate recording of information provided by the witnesses.
l l. For all stude nt compla ints or reports of (a) sexual harassment or sexua l vio lence th t have
been brought to the College's atten tion (formally or info rmall y) <luring the 20 1 -2013 ,
2013-2014 and 20 14-10 15 school years, please provide the information below ith the
dates for each step of the process:
a. The name. or unique identifier. sex, and race of the studen t who made th report
or comp laint.
b. The name or unique identifie r, sex . race, and posi tion (e.g .. student. facuJ _ , staft)
of the individual against whom the complaint was tiled.

 ( )

)

Page 4 of 5 - Robert E. Clark II. Pre siden t
c. The date each complaint was liled . the date the inves tiga tion was start ed, t c date
the inve stigat ion was completed. the date any hea ring was con vened, d tc the
final decision was issu ed. and a de script ion and date of any other step in the
process.
d . The type of report or complaint filed (i.e .. form al or informal ).
e. The allegation(s ) made in the rep ort or complaint including whether it llcged
sex ual harassment, sexual assau lt or sex ual vio lence. aµd whether the inc~enl(s)
described in the complaint occ urre<l on or off campus. It' o ff'campus. in<liqatc the
location. whether the location was hosted or sponsored by the Co llege and
whether the locatio n was owne d or leas<!d by th e College.
'
f. The title of the Co llege o ffice o r nam e of Co llege staff member where thd report
or com plaint was til ed (cam pus police . stud ent services, academ ic! dean.
cOlmsclor, etc.).
1
I
g. Indica te whether the complain t was inves tigate d . If yes. provide the na e and
title of the College official or staff membe r who in vestiga ted the co mp lain . lf the
complaint was not inves tigated , please indicate why an inv es tigation " ns not
conducte d .
h. lf the complain t was invest igated . provid e a copy
all in vestigat ive eports,
findi ngs or other docu ments that describe the o utc om e ,md reso luti on. incl din g a
descripti o n of all the reme d ies and sanctions resu lting from the decis ion.
i. Indic ate whether a hearin g was co ndu cted in conn ectio n with the complai t. 1f a
hearing was conducted , describe the proc ess used and the names and title of all
persons who parlicipa tcd in tht: hearing and decision making ; provi de a opy of

or

J

!

the hearing decision, report or other documents describing the hearing dqcision.
including all docu ments describing the remedie s and sanction s that rcsultdcl from
J.

the decision.
Indicate whether an appeal ·was tiled and by whom . If yes, pro vi de a cop of the
appeal proced ure. identify the staff person responsibl e for decid ing the ppcal,
and provide a copy of the app eal decisio n o r outcome.

12. If not included in response to the above items. a copy of al l correspon<lencc , mcm randa,
e-mail messages, and o thcr co mmun ication am ong Co llege per sonnel or betw en the
Complainant and the College regar din g the allegations in this comp laint.
In an effo rt to improve th e convenienc e, accessibility and quality of our interactions
customers. we request that you submit req uested evidence and information by e-mai in an
electronic format whenever it is con venie nt to do so. This may include using e-mail to I rward
scanned or save d bard co py documents, PDFs. othe r e-mails, digi tal photo gra ph s. sprea sheets
and databases. When data files are too large for email , a CD by regular mail wou ld ac
similar result. Similarly , if yo u ha ve access to e-majJ and can receive info rm at ion from
an electroni c format. please provide us with your emai l addr ess . To the C!Xtentthat info ation
we have requested (such as relevant policies or procedures) is ava ilable online, plea se rovide
the URL addte ss(es) w here the information is located . ln additj o n, please advise us if y u have
ready access to a web cam era or ha ve other video~confcrcncing capability, in order fo us to
faci litat e face-{o-far.:e r.:omrnun ica tion. Use o f thes e digital m~dia ~:an gn·at ly L'nhar rf' th !"
quality. speed and efficiency of our case resolu tion activities.

 )
Page 5 of 5 - Robert .E. Clark ll, President

or

these digital media can greatly cnha c the
facilitate face-to-face commun ication. Use
quality. speed and efficiency of our case resolution activities.
Please notify OCR of the name, address, an<ltelephone number of the person who will s rve as
the College's contact person during the resolution of this complaint. We would like to ta k wi!h
this person as soon as possib le regarding the information requested in this lener . In a dition.
OCR may need to request additional information and interview pertinent pi:rsonnel: Tf an n-site
• t time
visit is detennined to be necessary. you "viii be contacted lo :-.chedulc a mutually convenie
for the visit.
ff you have questions ahout this thjs matter. please contncl me at (2 15) 656-693
beth.b!,eJl
man-bcer(a~cd.gov.

-Ior at

Sincerely.

c:·.c:..__

-

=-- -c--

,,.,
_
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~-==----"1:--

Beth Gellman-Beer
Team Leader

--+-~--

 l
Great Things Await

Dean of Students Office
Office of Student Life
College Center 125
Dover, DE 1990I
(302) 736.2506

Ms. Beth Gellman-Beer .
Team Leader
United States Department of Education
Office of Civil Rights
The Wanamaker Building , Suite 515
100 Penn Square East
Philadelphia. PA 19107-3323
Dear Ms. Gellman-Beer ,

ltt6'

This letter ls being written in response to a comp lainant brr
/h\(7fG}
Isent to the Office of Civil Rights . The complainant
alleged that Wesley College discriminated againstl/b} f6} b 7 Cl
ja student at 1/1/esleyCollege on the basis of sex when it
subjected him to What she believed to be an inequitable grievance and appeal process pertaining to a sexual misconduct complaint that was
filed against him by the College on Hb}(§\
· lb}ml Wesley College believes !hat its Student Conduct procedures were implemented in a falr
and just manner for all parties involved. However , we would be amenable to accepting the offer extended in your letter to resolve the
complaint through an agreement with the Office of Civil Rights.
1 Narrative response to the allegations
Wesley College believes that It acted in accordance with our sexual non-discrimination policy which reads :

Equal Opportunity
.
Wesley College will not discriminate in any employme nt practice , education program , or activity on the basis o.f race. color,
religion, ethnic or national origin, age , disability , sex , or veteran status . The College . fully complies with the requirements of
Tftle VII of the Civil Rights Act of 1964, Title IX of the Education Amendment of 1972, the Rehabilitation Act of 1973, and all
other applicable federal , state , and local statutes, ordinances . and ,regulations . Inquiries concerning the College 's rules and
procedures regard1ng this policy and its appl ication or the application of any of these laws may be directed to the Ofrector of
the Office for Cfvil Rights , Departmenl of Health and Human Services, Washington , DC for Title IX of the Educatlon
Amendments of 1972 and the Rehabil itation Act of 1973.
This sta.tement is hsted on our '.Vebsite. in the faculty and staff handbook and in the student handbook and the code of
conduct. All students participate in Title IX training during the first week of each semester through residence hall meetings
and commuter services meeting . Ongoing train ing is conducted through RA and Student Activities programing throughout
the academic year. On-line training for facu lty and staff is set to begin the 2a.1" of September . 2015 .
2. All guidelines as listed in our Title IX policy, (please see attached) were also adhered to and explained to the comp lainant. !lb}/6} /b}l7/C }
was reported as a participant in a sexual m,scondvct case in which a device was set up with the intent of broadcasting a private sexual
encounter between j(b)(6): (b)(7(C) andf 16) ;
The incident was. reported to a faculty member by students who heard of the
incident by word of mouth on campus . l{b J6_; (b(7_C_ •was named bYllb}/6\ · /b\17/C}
jas being one of the men who organized and planed
to watch the encounter on a GoPro video camera .

I

WYsc
l I

3.jlb}/6}/b}l7/C} j and the students he named ~(b)(6): (b)(7(C)
j underwent an investigation conducted
by Wall Beaupre, Chief of Security and was subse fi ulin ;ly targed with sexual misconduct . The students receive d an interim suspension on
fifilw
and the student conduct case was held on b 6 · All four men were found quali ty of sexual misconduct by a student conduct
board . (Please see attached Judicial Board Hearing notes) answers questions : 4. & 5 & 12.

Add itional documents will be presented through email tomorrow September 18th regarding questions 7-10. On Monday , Septembe r 21 a list
of reports answer)ng questions t 1 will be sent to you via email. Please let me know if this process is satisfactory .

Sincerely ,

Wanda Anderson ,
Dean of Students

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Wesley College
Title IX Policy

Updated: February 2015.
*l' ltast chtc k back as updar n conrinut

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POLI CY AN D PROCED URES: Equal Opportunity , Harassment
and Nondiscrimination
Wesley College affirm s its commitment to prom ote the goals of fairne ss and equity in all
as pects of the educational enterprise . All policies below are subject to reso lution using the
Wesley College·s Equity Proces s. The Equity Process is applicable regardles s of the statu s
of the parties invo lved , who may be member s or non-members of the campus communit y.
studen ts. student organizations. faculty, administrators and /or staff. The College reserves
the right to act on incidents occ urring on-ca mpu s or off-campus. when the off-campu s
co nduct could have an on-ca mpu s impact or impact on the educationa l miss ion of the
Co llege .
Dea n Wanda Anderson serves as the Title IX Campus Site Coord inato r and oversees
implementa tion of the College's policy on equal opportun ity, harassment and
nondi scrim ination. Reports of discriminati on. hara ssmen t and/or retaliati on should be made
to the Title IX Coo rdination Team promptl y. but there is no time limitation on the tiling of a
complaint. as long as the accused individual remains subject to the Co llege 's jurisdiction.
All report s are acted upon promp tly wh ile every effort is made by the Co llege to prese rve the
privacy of reports. Rep orting is addressed more spec ifically on p. 12. s~c tion 7. Report s of
di sc riminati on by a member of the T itle IX Coordinatio n Team should be rep orted to the
College President. Dr . Will iam Johns ton at (302) 736-2508 .
T his po licy applie s to behav iors that take place on the campus. at co llege -sponsored event s
and may also app ly off-campus and to actions on line whe n the Tit le IX Coo rdination Team
determines that the off -campus conduct affects a substantial Wesley College interes t. A
s ubstantial We sley Co llege inte res t is defined to include:
a) Any action that constitutes criminal offense as defined by federal or the State of
Delaware law . Thi s includes , but is not lim ited to. s ingle or repeat violations of
any local. state or federal law committed in the municipality where the Co llege is
located:
b) Any situation where it appea rs that the accused individuaJ may present a danger

or threat co the health or sa fety o f se lf or others;
c)

Any s ituati on that significantly impinge s upon the right s, property or
achievement s of self or othe rs or significantly breac hes the peace and/or causes
social disorder; and /or

d) Any situati on that is detrimental to the educat ional intere sts o f the College.
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Any on line postings or other electronic communication by students, including cyberbullying. cyber-stalking. cyber-harassment. etc. occurring completely outside of the
University/College·s control (e.g. not on Wesley College networks, websites or between
Wesley College email accounts) will only be subject to this policy when those on line
behaviors can be shown to cause a substantial on-campus disruption. Otherwise. such
communications are considered speech protected by the ,~,Amendment.
Off-campus discriminatory or harassing speech by employees may be regulated by the
College only when such speech is made in an employee·s official or work-related capacity.
Inquiries about this policy and procedure may be made internally to Title IX Coordination
Team:
Dean Wanda Anderson
Campus Site Title IX Coordinator
(302) 736- 2443
Email:\\ anda ..\nd1.:r..,on a \\(':-lev.~du

Dr. Karen Panunto
Central Coordinator for Anti-Harassment
(302) 736-2511

Email: "-J1-e11
.p:1nunlo a" c..,k, .L'du

Melissa Elliott
Central Coordinator for Student Conduct and Sexual Assault
(302) 736- 2586

Email: \ kli:,,..i.1-.llinlta" ~~k, .i:du

Tracey hort
Central Coordinator for Athletic Compliance
(302) 736-2535

EmaiI: I r:tl'.\.'.\ .~ht)rla\\ cslc, .-.:Ju

Natasha Wattenbarger
Central Coordinator Hostile Environment
(302) 736-2333

Email: '\. a1c1,ha. \\ at1cnb:.1r!.!aa" ~~k, .cdu
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 Inquiries may be made externa lly to:
Office for Civil Rights (OCR)
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-1 I 00?
Customer ervice Hotline #: (800) 421-3481
Facsimile: (202) 453-60 I '.2
l'DD#: (877) 52 1-2 172
Email: t 1.c R it.._l.'d.Jill
,
Web:lfilp. ,, \\ ,, ...:d.gl1\ m.:r

Equal Employment Opportunity Commission (EEOC)
Contact: hup: ·,, "" .l:t: O~. ~u, 11.:Llntm:t1

t. Wesley College Policy on Nondisc rimination
Wesley College adheres to all federal and state civil rights laws banning discrimination in
private institutions of higher education. Wesley College has a zero tolerance for
discrimination against any employee, applicant for employment. student or applicant for
admission on the basis of race, religion, hearing status, personal appearance. color, sex,
pregnancy. political affiliation, source of income. place of business, residence, religion,
creed. ethnicity. national origin (including ancestry). citizenship status. physical or mental
disability. age. marital status, family responsibilities, sexual orientat ion, gender, gender
identity, veteran or military status (including special disabled veteran, Vietnam-era veteran,
or recently separated veteran), predisposing genetic characterist ics, domest ic violence victim
status or any other protected category under applicab le local, state or federal law. including
protections for those opposing discrimination or participating in any investigation process
on campus or within the Equal Employmen t Opportunity Commission or other human rights
agencies.
This policy covers nondiscrimination in employment and in access to educational
opportunities. Therefore , any member of the campus community, guest or visitor who acts
to deny. deprive or limit the educational. employment. residential and/or social access,
benefits and/or opportunities of any member of the campus community on the basis of their
actua l or perceived membership in the protected classes listed above is in violation of the
College policy on nondiscrimination. When brought to the attention of the College, any
such discrimination will be appropriately remedied by the College according to the
procedures below,
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2. Wesley College Policy on Acco mmodation of Disab ilities

Wesley College is committed to full compliance with the Americans with Disabilities
Act of 1990 (ADA) and Section 504 oft.he Rehabilitation Act of 1973, which prohibit
discrimination against qualified persons with disabilities, as well as other federal and
state laws pertaining to individuals with disabilities. Underthe ADA and its
amendments. a person has a disability if he or she has a physical or mental impairment
that substantially limits a major life activity. The ADA also protects individuals who
have a record of a substantially limiting impairment or who are regarded as disabled by
the institution whether qualified or not. A substantial impairment is one that
significantly limits or restricts a major life activity such as hearing, seeing. speaking,
breathing, performing manual tasks. walking or caring for oneself.
The Director of Human Resources has been designated as the ADA/504 Coordinator
responsible for coordinating efforts to comply with these disability laws, including
investigation of any allegations of noncompliance.
a. Students with Disabilities
Wesley College is committed to providing qualified students with disabilities with
reasonable accommodations and support needed to ensure equal access to the academic
programs and activities of the College.
All accommodations are made on a case-by-case basis. A student requesting any
accommodation should first contact the Disabilities Support Services Coordinator who
coordinates services for students with disabilities. The coordinator reviews
documentation provided by the student and, in consultation with the student, determines
which accommodations are appropriate to the student's particular needs and academic
programs.
b. E mployees with Disab ilities

Pursuant to the ADA, Wesley College will provide reasonable accommodation(s) to all
qualified employees with known disabilities, where their disability affects the performance
of their essential job functions, except where doing so would be unduly disruptive or would
result in undue hardship.
An employee with a disability is responsible for requesting an accommodation in writing to
Human Resources and provide appropriate documentation. Human Resources will work
with the employee's supervisor to identify which essential functions of the position are
affected by the employee's disability and what reasonable accommodations could enable the
employee to perform those duties.
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3. Wesley College Policy on Discriminatory Harassment
Students. staff. administrators, and faculty are entitled to a working environment and
educational environment free of discriminatory harassment. Wesley College's harassment
policy is not meant to inhibit or prohibit educational content or discussions inside or outside
of the classroom that include gennane , but controversial or sensitive subject matters
protected by academic freedom. The sections below describe the specific fonn s of legally
prohibited harassment that are also prohibited under the College's policy.
a. Discriminatory and Bias-Relat ed Harass ment

Harassment constitutes a form of discrimination that is prohibited by law. Wesley College
will remedy al I forms of harassment when reported. whether or not the harassment rises to
the level of creating a hostile environment. When harassment rises to the level of creating a
hostile environment, the College may also impose sanctions on the harasser. Wesley
College·s harassment policy explicitly prohibits any form of harassment, defined as
unwelcome conduct on the basis of actual or perceived membership in a protected class. b_
any member or group of the community.
A hostile environment may be created by oral, written. graphic, or physical conduct that is

sufficiently severe, persistent/pervasive and objectively offensive that it interferes with.
limits or denjes the ability of an individual to participate in or benefit from educational
programs or activities or employment access. benefits or opportunities.
Offensive conduct and/or harassment that does not rise to the level of discrimination or that
is of a generic nature not on the basis of a protected status may not result in the imposition of
discipline under the College's policy, but will be addressed through civil confrontation.
remedial actions. and education and/or effective conflict resolution mechanisms. For
assistance with conflict resolution techniques, employees should contact the Director of
Human Resources and students should contact the Dean of Students.
The College condemns and will not tolerate discriminatory harassment against any
employee, student. visitor or guest on the basis of any status protected by college pol icy or
law.
b. Sexual Harass ment

Both the Equal Employment Opportunity Commission and the State of Delaware regard
sexual harassment as a form of sex/gender discrimination and. therefore, as an unlawful
discriminatory practice. Wesley College has adopted the following definition of sexual
harassment, in order to address the special environment of an academic community. which
consists not only of employer and employees. but of students as well.
Sexual harassment is:
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Unwe lcome. sexual or ge nder -based verbal. writte n, onlin e and/o r physical conduct.

Anyone expe riencing sexual harassment in any Col lege program is encouraged to report it
immed iate ly to the Co llege's Title IX Coordination Team .
Sexua l hara ssment creates a hosti le env ironm ent. and may be disciplined when it is:
•

sufficientl y seve re. persistent / pervasive and object ively offe ns ive that it,
o has the effect o f unrea so nably interfering with. deny ing or Iim iting
emp loyment opportu nities or the ability to participa te in or benefit from the
universi ty's educational. soc ial and/o r res idential program , and is
o Based on power differentials (quid 1n·o quo). the c reati on o f a hosti le
environment or retali ation.

POLICY EXPECTATIONS WITH RESPECT TO CONSENSUAL RELATIONSHIPS
There are inherent risks in any romantic or sex ual relations hip between individua ls in
unequal pos ition s (such as faculty and studen t, superviso r and em ployee). These
relatio nships may be less co nsens ual than perceived by the individual whose posit ion
confe rs powe r. The relationship also may be viewed in diffe rent ways by each of the parties.
particularly in retrospect. Further more , circumstances may change, and conduc t that was
prev iously welcome may become unwelcome . Even when both parties have conse nted at the
outse t to a romantic or sexual involvement. this past conse nt may not remove grounds for a
late r charge of a violation of applicab le sections of thi s policy. Wesley Col lege does not
wish to interfere with private choices regarding personal relationships when these
relati onships do not interfere wit h the goals and policies of the Co llege. For the personal
protection of members of thi s comm unity. relationship s in which power differentials are
inherent (facu lty-stude nt. staff-student. admin istrator-student ) a re generally discouraged.
Cons ensua l romanti c or sex ual relationships in which one party maintains a dir ec t
supervi sory or evaluat ive role over the other party are unethical. Therefore . persons with
direct supervisory or evaluative respons ibiliti es who are invo lved in suc h relationships must
bring those relationships to the t imely attention of their supervi so r. and will likely result in
the nece ssity to remove the em ployee from the superviso ry or eva luative res ponsibil ities, or
shift a pany out of being supervised or eva luated by someo ne with whom they have
established a conse nsua l relat ionship. This includes RAs and students ove r whom they have
direct responsibility. Wh ile no relationships are prohibited by this policy, failure to selfreport suc h relation ship s to a supervisor as required ca n result in disciplinary action for an
em ployee.

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 c. Sexua l Misconduct

State law defines various violent and/or non-consensual sexual acts as crimes. Additiona'lly,
Wesley College has defined categories of sexual misconduct. as stated below, for which
action under this policy may be imposed. Generally speaking, Wesley College considers
Non-Consensual Sexual Intercourse violations to be the most serious. and therefore typically
imposes the most severe sanctions. including suspension or expulsion for students and
termination for employees. However. Wesley College reserves the right to impose any level
of sanction, ranging from a reprimand up to and including suspension or
expulsion/termination, for any act of sexual misconduct or other gender-based offenses,
including intimate partner or relationship (dating and/or do,mestic) violence, non-consensual
sexual contact and stalking based on the facts and circumstances of the particular
investigation . Acts of sexual misconduct may be committed by any person upon any other
person, regardless of the sex, gender, sexual orientation and/or gender identity of those
involved. Violations include:
i.
ii.

Sexual Harassment (as defined in sectio n b above)
Non-Consensual Sexual Intercourse

Defined as:
• any sexual penetration or intercourse (anal. oral or vaginal)
• however slight
• with any object
• by a person upon another person
• that is without consent and/or by force
Sexual penetration includes vaginal or anal penetration by a penis. tongue, finger or
object. or oral copulation by mouth_to genital contact or genital to mouth contact.
iii.

Non.Consens ual Sexual Contact

Defined as:
• any intentional sexual touching
• however slight
• with any object
• by a person upon another person
• that is without consent and/or by force

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 Sexual touching includes any bodily contact with the breasts, groin. genitals. mouth
or other bodily orifice of another individual, or any other bodily contact in a sexual
manner.

iv.

Sex ual Exploitation

Sexual Exploitation refers to a situation in which a person takes non-consensual or
abusive sexual advantage of ru1other, and situations in which the conduct does. not
foll within the definitions of Sexual Harassment, Non-Consensual Sexual Intercourse
or Non-Consensual SexuaJ Contact. Examples of sexual exploitation include. but are
not limited to:
• Sexual voyeurism (such as watching a person undressing, using rhe bathroom or
engaged in sexual acts without the consent of the person observed)
• Taking pictures or video or audio recording another in a sexual act, or in any
other private activity without the consent of all involved in the activity, or
exceeding the boundaries of consent (such as allowing another person to hide in a
closet and observe sexual activity, or disseminating sexual pictures without the
photographed person's consent)
• Prostitution
• Sexual exploitation also includes engaging in sexual activity with another person
while knowingly infected with human immunodeficiency virus (HIV) or other
sexually transmitted disease (STD) and without informing the other person of the
infection, and further includes administering alcohol or drugs (such as «date
rape" drugs) to another person without his or her knowledge or consent
,,.

Consent 1

Consent is knowing, voluntary and clear permission by word or action, to engage in
mutually agreed upon sexual activity. Since individuals may experience the same
interaction in different ways, it is the responsibility of each party to make certain that
the other has consented before engaging in the activity. For consent to be valid, there
must be a clear expression in words or actions that the other individual consented to
that specific sexual conduct.
! lite slate tlefinition of const:nl is a minor (meaning a person under the age of 16 years) cannot consent to sexual activhy. This

means th11tsexual contact by an adult with a person younger than 16 years old is a orime, as well a5 a violation of this policy. c-.cn
lr the minor wanted 10 engage in the act, Any person alk r said age, with legal capacity, not under force or dun:ss, may give legal
consent to sexual contacL (Del. Code Ann. lit 11 § 761) Which is applicable to criminal prosccuiions for sex offenses in Ddawa re.
but may differ from (he delinitinn used on campus to address policy violations.

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A person cannot consent if he or she is unable to understand what is happening or is
disoriented. helpless. asleep or unconscious for any reason, including due to alcohol
or other drugs. An individual who engages in sexual activity when the individual
knows. or should know, that the other person is physically or mentally incapacitated
has violated this policy.
It is not an excuse that the individual responding party of sexual misconduct was
intoxicated and, therefore. did not realize the incapacity of the other.
Incapacitation is defined as a state where someone cannot make rational, reasonable
decisions because they lack the capacity to give knowing consent (e.g., to understand
the ·'who. whaL when, where, why or how·· of their sexual interaction). This policy
also covers a person whose incapacity results from mental disability, involuntary
physical restraint and/or from the taking of incapacitating drugs.
Consent to some sexual contact (such as kissing or fondling) cannot be presumed to
be consent for other sexual activity (such as intercourse). A current or previous
dating relationship is not sufficient to constitute consent. The existence of consent is
based on the totality of the circumstances, including the context in which the alleged
incident occurred and any similar previous patterns that may be evidenced. Silence or
the absence of resistance alone is not consent. A person can withdraw consent at any
time during sexual activity by expressing in words or actions that he or she no longer
wants the act to continue, and. if that happens. the other person must stop
immediately.
In Delaware State, a minor (meaning a person under the age of 16 years) cannot
consent to sexual activity. This means that sexual contact by an adult w ith a person
younger than 16 years old is a crime. as well as a violation of this policy. even if the
minor wanted to engage in the act.

4. Other Civil Rights Offenses. When the Act is Based upon the Status of a Protected
Class

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Threatening or causing physical ham,, extreme verbal abuse or other conduct which
threatens or endangers the health or safety of any person on the basis of their actual or
perceived membership in a protected class
Discrimination, defined as actions that deprive other members of the community of
educational or employment access, benefits or opportunities on the basis of their actual
or perceived membership in a protected class
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Intimidation, defined as implied threats or acts that cause an unreasonable fear of hann
in another on the basis of actual or perceived membership in a protected class
• Hazing, defined as acts likely to cause physical or psychological harm or social
ostracism to any person within the Wesley College community, when related to the
admission. initiation, pledging,j oining, or any other group-affiliation activity (as defined
further in the hazing policy) on the basis of actual or perceived membership in a
protected class: hazing is also illegal under the State of Delaware law and prohibited by
Wesley College.
• Bullying, defined as repeated and/or severe aggressive behavior likely to intimidate or
intentionally hurt. control or diminish another person, physically or mentally on the basis
of actual or perceived membership in a protected class
• Violence between tnose in an intimate relationship to each other on the basis of actual or
perceived membership in a protected class (this includes romantic relationships. dating,
domestic 2 and/or relationship violence/
• Stalking"'.~efined as a course of conduct directed at a specific person on the basis of
actual or perceived membership in a protected class that is unwelcome and would cause
a reasonable person to feel fear5
• Any other Wesley College rules, when a violation is motivated by the actual or perceived
membership of the victim [on the basis of sex or gender or in a protected class], may be
pursued using this policy and process.
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The slate definition or domcs1icviolence is violence can be physical,sexual, emotional, economic, or psychological actions or
threats of actions that influence another person. Domestic violence includes. but is not limited to, actual or potential physical
injury or harm, sexual abuse or threats of physical lnjury or harm, or ~exual abuse against a person with a past or present
intimate relationship such as marriage, dating, family, friends or cohabitation. Del.Code Ann. t it 11 § 1312(a)
Which is npplicablc to criminal prosecutions for domestic violence in DE, hut may differ from the definition u~cd on campus 10
addn:ss policy v1ol-a1
ion~.
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Employee/\ has be.in in an intimate relationship with Employee 8 for over a year: Employee A puneh1:sEmployee B in the
face during an argument (Dating Violence.).
S1udent A has been in an intimate relationship with Student 8 for over n year; Stude01s A & 8 live togelhec During an
argument, Student /\ shoves Student B 10 the ground (Domestic Violence).
4
The Slate dcfinitiqn of stalking is a person guilty of stalking when the perso-0knowin~ly engagl?"sin a course of conduct
directed at a specilk person. Which is applicable to criminal prosecutions for stalking ln DE. bui may differ from the tlefinilion
used on campus to address pol icy viol-ntfons
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Employee A recently ended an i01ima1erelationship with Employee B. for the past three weeks, 8 has been sending A I00
text messages per day and waits by/\ 'sc ar at the end of each day 10 beg and plead with her lo take him back. When she
rei'uscs. he loses control. makes threatening gestures. and1clls her she wilt reg.reltbis. Employee A indicates she is fearful or
whm £3might do to her \Stalking).
Mark is a smdcnt on campus who has always been fascinated by women who dye-thefr h-nir, One day, he notices Marylou,
Whosehair is dyed a very bright purple. He follows her home tu see where she lives, 11ndbegins to track her history. actions
:rnd movemcntSonlfnc. His fa~cinationincreases to lhc point where he follows her frequen1ly on campus. takes pictures of
her wilhou1her permission, and spies through her window a.tnigh1with a long-range camera lens. He wants to have her
beauLiti1lpurplt: hair for his own, so 1hathe can stroke il whenever he wants.

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 Sanctions for the above- listed ''Other Civil Rights Behaviors'· behaviors range from
reprimand up through and including expulsion (students) or termination of employment.
5. Retalia tjon

Retaliation is defined as any adverse action taken against a person participating in a
protected activity because of their participation in chat protected activity. Reta Iiation against
an individual for alleging harassment. supporting a pa1ty bringing an investigation or for
assisting in providing information relevant to a claim of harassment is a serious violation of
Wesley College policy and will be treated as another possible instance of harassment or
discrimination. Acts of alleged retaliation should be reported immediately to the Title LX
Coordination Team and will be promptly investigated. Wesley College is prepared to take
appropriate steps to protect individuals who fear that they may be subjected to retaliation.
6. Remedial Action

Wesley College will implement initial remedial and responsive and/or protective actions
upon notice of alleged harassment, retaliation and/or discrimination. Such actions could
include but are not limited to: no contact orders, providing counse ling and/or medial
services. academic support, living arrangement adj ustments, providing a campus escort,
academic or work schedule and assignment accommodations, safety planning, referral to
campus and community support resources.
Wesley College will take additional prompt remedial and/or disciplinary action with respect
to any member of the community, guest or visitor who has been found to engage in
harassing or discriminatory behavior or retaliation. Procedures for handling reported
incidents are fully described below. Deliberately false and/or malicious accusations of
harassment, as opposed to an investigation which, even if erroneous, are made in good faith,
are jus t as serious an offense as harassment and will be subject to appropriate disciplinary
action.
7. Co nfidentiality and Reportin g o f Offen ses under Thi s Policy

Wesley College officials, depending on their roles at the College, have varying reporting
responsibilities and abilities to maintain confident iality. In order to make informed choices,
one should be aware of confidentiality and mandatory reporting requirements when
consulting campus resources. On campus, some resources may maintain confidentia lity.
offering options and advice without any obligation to inform an outside agency or individual
unless you have requested information to be shared. Other resources exist for you to report
crimes and policy violations and these resources will take action when you report
victimization to them. Most resources on campus fall in the middle of these two extremes;
neither the College. nor the law. requires them to divulge private information that is shared
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with Lhem, except in rare circumstances. Th e following describes the three reporting options
at Co llege:

a. Confidential Reporting
If a reporting party would like the detail s of an incident to be kept co nfidential , the reporting
pa rty may speak wit h off-campus local rape cris is counselo rs, domestic violence resources.
loca l or sta te ass ist,ance·agencies. (or on or off-campus members of the clergy/chap lains]
who will maintain confidentiality except in extreme cases of immediacy of threat or danger
or abuse of a min or. Campus counselors [and/or the Employee Assistance Program] are
ava ilable to help free of charge and can be seen on an emerge ncy basis during normal
business hours. The se employees will submit anonymous statistica l information for Clery
Act purposes unless they believe it would be harmful to their client, patient or parishioner.

b. Formal Reporting Options
Alleging party bringing an investigation forward are encouraged to speak to Wesley College
Titl e IX Coord ination Tea m to make formal reports of incidents of sexua l misconduct. The
al leg ing patiy bringing an investi'gation forward has the right , and ca n expec .t , to have the
incident taken serio us ly by the Co llege when formall y reported , and to have those incidents
investigated and properly resolved through these procedures. Forma l reporting sti ll affords
privacy to the reporter , and only a sma ll group of officia ls who need to know w ill be told.
Information will be sha red as necessary with invest igator s, witnesses and the respo ndin g
party. The circle of people with this knowledge w ill be kept as tight as possible to preserve
the individual 's rights and privacy.

8. Federal Timely Warning Obligations
Victims of sexual misconduct sho uld be aware that Wesley College adm inistrat ors must
issue timely warn ings for incidents reported to them that pose a substa ntial threat of bodily
harm or dange r to members of the campus community. Th e College will make every effort
to ensure that a victim 's name and other identifying information is not disclosed , while sti ll
provid ing enough information for community members to make safety dec isions in light of
the potentia l danger.

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EQUITY PROCESS FOR RESOLVING INVESTIGATIONS
OF HARASSMENT, SEXUAL MISCONDUCT AND OTHER
FORMS OF DISCRIMINATION
Wesley College wil l act on any forma l or informal inves1igatio n or notice of vio lat ion of the
po licy on Equal Opportunity , .1-J~rassment and Nondiscri minati on, that is rece ived by Title
IX, Coordination Team .
The pt'ocedures described below will apply to all investigations involving students, staff or
faculty members. Redress and request s for responsive actions for investigations brought
involving non-members of the communiJy are also covered by these procedures .

1. Title IX Coordinat ion Team
Members of the Coordi nati on Team are announced in an annual distribu tion of this policy to
campus staff , curre nt students and faculty members. The list of members and a description
of the panel can be found at www.wesley.edu. Members of the Coordination Team are
trained in a ll aspects of the investigation process, and can serve in of the following roles, at
the direction of the Title IX Campus Site Coordinator :
•
•
•
•
•
•

To provide sensitive intake and initial counseling of invest igations
To se rve in a mediation role in conflict resolution
To investigate formal and informal reports
To act as advisors to those involved in investigation
To serve on heari.ng panels for investigati ons
To se rve on appea l panels for investigations

Coordinat ion Team members also recommend proactive policies, and serve in an ed ucative
role for the commun ity. The President appoints the panel , which reports to the T itle IX
Ca mpus Site Coordinator. Coordination Team members receive annua l training orga ni'zed
by the Title IX Ca mpu s Site Coordinator, including a review of Wesley College policies and
procedures, so that they are able to provide accurate informati on to members of the
comm unit y. All Coordination members ' are required to attend this annual train ing.
The Hearing Panel includes:

• The Dean of Students
• The Vice President of Academic Affa irs/ Provost
•
•

•
•

At
At
At
At

least 5 members of the Faculty
least 2 member of Stud ent Life
least 5 members of the staff, 2 of which representa tives from Athletic s
least l representatives from Hum an Resources
13

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•

At leas t 3 Student s. who have co mpl eted a mini111umof 60 credit hours w ith a G PA
of 2.5 or highe r.

Hearing membe rs are usually appo inted to thr ee -yea r tenns. Appointmen ts to the Hearing
Panel shou ld be made with attention to repr ese ntati on of gro ups protected by the hara ssment
and non-djscri1:ninat ion policy. Ind ividuals who are intere sted in serv ing on the Hearin g
Panel are encou raged to contact the Title IX Camp us Site Coordin ator.

2. Filing an investigation
Any membe r of the co mmunit y, gues t or v isito r who believes that the policy on Equal
Opportunity, Harassment and No ndi scrimina tion has been violated should contact a member
of the Titl e IX Coord inat ion Team. It is also possible for emplo yees to notify a s uper viso r,
or for students to notify an admini strativ e advisor or faculty membe r, or any member of the
communit y may contact Ca mpus Poli ce/ Publ ic Safety. These ind ividua ls w ill in turn noti fy
the Title IX Coord inati on Team.
All emp loyees receiving repo rts of a potential violation of Wes ley College po licy are
expecte d to prompt ly l:Ontact the Titl e IX C ampu s Site Coordinator, within 24 hours of
becomin g aware of a report or incident. All initial co ntacts wi ll be treated wit h the
maxim um poss ible privacy: specific informati on on any investi gat ion received by any part y
will be reported to the T itle IX Campus Site Coordinator, but , subject to the College's
ob ligation to redress violations, every effort will be made to maintajn the pr ivacy of those
initiating a report of an invest igat ion. In all cases, Wes ley College wi ll give consideration
to the party brin ging an inves tigatio n with respect to how the investigati on is pursued, but
rese rves the right, whe n necessar y to pro tect the co mmun ity, to investi gate and pursue a
resolution whe n an alleged vict im chooses not to initiate or part icipate in a formal
investigation.

3. Investigation ln take
Follow ing rece ipt of notic e or an inves tigat ion, the Title IX Campu s Site Coo rdinator will.
promptly assign a Title IX Coor dinat ion Tea m member to work as advisor to the person who
reported the incident. No rmall y, withi n two business days , an initia l determinati on is made
wheth er a policy violatio n may have occ urred and /o r whether con flict resolution might be
approp riate. If the incident does not appear to allege a pol icy violatio n or if conflict
resolution is desired by the alleging party and appears appr opriate given the natu re of the
alleged behavi or. then the inves tigation does not proceed.

14

 11

A full investigation wi ll necessari ly be pursued if there is evid ence of a pattern of
misconduct or a perce ived threat o f further harm to the commun ity or any of its member s.
The Co llege aims to comp lete all inves tiga tions within a 60 bus iness day time peri od, which
can be extended as necessary fo r approp riate cause by the Titl e IX Coo rdination Team with
notice to the parties.

4. lnvestigation

!fa party bringing an investigat ion wis hes to pur sue a formal investigat ion or if the College,
based on the alleged policy viola tion. wis hes to pursue a formal invest igat ion, then the T itle
IX Ca mp us Site Coordi nator appoints a T itle IX Ce ntra l Coor dinato r to conduct the
investigation, usually within two .business days of determining that an investigat ion
gr ieva nce should proceed. ln vest igat ions of inci dent s brought dire ct ly by those alleging
harm should be compl eted expediti ous ly, normally within 10 busi ness days of notice to the
Titl e IX Cam pus Site Coo rdinator . Invest igation may take longe r when initial interviews
fail to provide direct first-hand information. The Co llege may undertake a short delay (3-10
days, to allow evi dence co llection ) whe n criminal char ges on the basis of the same
behaviors that invoke this process are being investiga ted . Wes ley College action w ill not be
a ltered or precluded on the grounds that civi l or cr iminal charges involvi ng the sa me
incident have bee n tiled or th at charges have been dismi ssed or reduced. All inve stigations
will be thorough, reliable and impart ial, and w ill entail interv iews with all relevant parti es
and witnesses. obta inin g available ev idence and ident ifying sources of ex pert information , if
necessary.

5. Interim Remedies
If. in the j udgment of the Title rx Coo rdinatio n Team, the safety or we ll-being of any
mem ber (s) of the campu s community may be jeopardized by the prese nce on-campu s of the
accused indi vidual or the ongoing activit y of a student organizati on whose beha vior is in
question, the Title IX Coo rdination Team(o r desig nee) may provide interim remedies
intended to address the short- term effects of har ass ment , discrimination and/o r retaliati on,
i.e., to redre ss harm to the al leged victi m and the co mmunity and to prevent further
vio lations. These remedies may include referral to counseling and health serv ices or to
educa tion to the co mmunit y, altering the housing s ituation of an accused student or resident
emplo yee (or the alleged vict im. if desired) , altering work arrangements for employees.
prov idin g cam pus esco rts, impl ementing contac t limitati ons betwee n the parties , offer ing
adjust ments to aca demic deadlines. course schedul es, etc.
The Co llege may interim suspe nd a student. employee or organization pendin g the
completi on of T itle IX Central Coor din ators investigat ion and proced4res. In all cases in
15

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)

which an interim suspension is imposed , the student, emp loyee or stude nt organiza tion will
be given the opportunity to meet with the Title IX Centra l Coordinator prior to suc h
sus pen sio n being imposed, or as soo n thereafter as reasonably possible , to show why the
suspensi on should not be implemented. The approp,riate adm inistrat ive officer or Title IX
Ca mpu s Site Coordi nator has discretion to implement or stay an interim suspe nsion under
the policy on Equal Opportunity , Harassment and Nondiscrimination, and to determine its
co nditi ons and duration. Violati on of an interim suspe nsion under this policy wi ll be
gro und s for exp ulsi on or tenn inati on.
During an interim suspe nsion or administr:at ive leave, a student or employee may be denied
access to Wesley Co llege housing and /or the Co llege campus / faci lit ies/events. As
dete rmined by the appropriate admini strativ e office r or Title IX.C oo rdinati on Team this
restriction include s classes and/or all other Co llege act ivities or privileges for which the
student might otherwi se be eligible. At the discre tion of the appropriate adm inistrative
office r or Title IX Coordination Team , a lternative coursework options may be pursued to
ensure as minimal an impact as possible on the acc used stude nt.

6. Investigation Resolution
During or upon the completion of investigation , the invest igators will meet with the Titl e TX
Coo rdination Team. Based on that meeting , the Titl e IX Coordination Team will make a
deci sion on whether there is reasonable cause to proceed with the investigation. If the Title
IX Coordinat ion Team decides that no policy violat ion has occurred or that the
preponderance of evide nce (i.e. , whether it is more likely tha n not that the accused
individual committed each alleged v iolation) does not support a finding of a pol icy
violatio n, then the process will end unle ss the party bringing an investigation requests that
the Titl e IX Coordi natio n Team make an extraordinary determination to re-open the
invest igat ion or to forwa rd the matter for a hearing. This decision lies in the so le discr etion
of the Title JX Coordi nation Team. If there is reaso nable cause, the T itle JX Coordination
Team will direct the investigation to continue , or if there is a preponderance of evidence o f
a violation, then the Tit le JX Coordina tion Team may recommend conflict resolution , a
reso luti on without a hearin g or a formal hearing , based on the below criteria.

a. Conflict Resolution
Conflict resolutio n is often used for less serious , yet inappropriate , behavio rs and is
encouraged as an alternative to the formal hearing process to resolve conflicts. Th e Title IX
Coord ination Team will determi ne if conflict reso lution is approp riate, based on the
willingness of the parties , the nature of the conduct at iss ue and the susceptibility of the
conduct to conflict resolution. In a conflict resolution meeting, a Title IX Central
Coordina tor will facilitate a dialogue with the part ies to an effective resolution, if poss ible.
16

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Sanctions are not possible as the result of a conAict resolution process. though the parties
may agree to appropriate remedies. The Title IX Central Coordinator will keep records of
any resolution that is reached, and failure to abide by the accord can result in appropriate
responsive actions.
Connict resolution will not be the primary resolution mechanism used to address grievances
of sexual misconduct or violent behavior of any kind or in other cases of serious violations
of policy. though it may be made available after the formal process is completed should the
parties and the Title IX Central Coordinator believe that it could be beneficial. It is not
necessary to pursue conflict resolution first in order to make a formal investigation. and
anyone participating in conflict resolution can stop that process at any time and request a
formal hearing.
b. Resolution without a Heari ng

Resolution without a hearing can be pursued for any behavior that falls within the policy on
Equal Opportunity, Hai:assment and Nondiscrimination, at any time during the process. The
Title IX Central Coordinator will provide wrinen notification of an investigation to any
member of the College community who is accused of an offe nse of harassment.
discrimination. or retaliation. The Title IX Central Coordinator wiJI meet with the
responding individual to explain the finding(s) of the investigation. Once informed, the
responding party may choose to admit responsibility for all or part of the alleged policy
violations at any point in the process. If so, the Title IX Central Coordinator will render a
finding that the individual is in violation of College policy for the admitted conduct. and
will normally proceed to convene a formal hearing on any remaining disputed violations.
For admitted violations, Title IX Coordination Team will recommend an appropriate
sanction or responsive action. If the sanction/responsive action is accepted by both the patty
bringing an investigation and responding party. the Dean of Students, Vice President of
Academic Affairs/ Provost or Human Resources will implement it. and act promptly and
effectively to remedy the effects of the admitted conduct upon the victim and the
community. If either party rejects the sanction/responsive action. the hearing wi II be held
on the sanction/responsive action only, according to the hearing procedures below, except in
the case of at-will employees for whom findings and responsive actions will be determined
by Human Resources.
c. Fo rma l Hear ing

For any grievances that are not appropriate for contlict resolution and which are not
resolved without a hearing. the Title IX Central Coordinator will initiate a formal hearing or
for employees for whom no hearing process is available, will refer his/her findings to
Human Resources for implementation.
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7. Forma l Hearing Procedu re
a. Hea ring
The T itle IX Ca mpus Site Coor dina tor will appoint a non-vot ing pane l Cha ir and three
member s of the hea ring pane l, none of whom have been previously invo lved with the
investigat ion . I fea ring panel s may include both faculty and non-faculty empl oyees , with
least one faculty empl oyee se lected in an investigatio n involvi ng a faculty memb er. Students
do not se rve on hearin g panel, exce pt in cases of lesser student-on- student inve stigations.
No member of the panel may be a practic ing anorney. The pa nel wi ll meet at time s
determin ed by the Cha ir.

b. Notification of Charge s
At leas t one week prior to the hearin g, or as far in advance as is reasonably poss ible if an
accelerated hea rin g is sc hedu led with the consent of the parties , the Hearing Pane l Chair w ill
send a lette r to the partie s wit h the follow ing informati on. Once mailed. emai led and/or
received in- perso n. notice wi ll be pres umptiv e ly de livered. The letter wi ll contain:
• I\ descriptio n of the alleged violation(s), a descripti on of the appli cab le proce dur es
and a statement of the potenti al sanctions/responsive actions that could result.
• The tim e. date and loca tion of the heari ng and a reminder that attendanc e is
mandatory, super seding a ll other campu s activitie s. If any party does not appear at
the schedu led hearing. the hearing wi ll be held in their abse nce. For compe lling
reasons, the Chair may reschedu le the hea ring.
• The parti es may have the assi stance of a hearing pane l rnemb er 1 or ot her adviso r at
the hea ring. Typicall y, adv iso rs are member s of the ca mpu s communit y, but the
Title IX Ca mpu s Site Coo rdin ato r may grant permi ss ion for an outside advisor upon
request. The partie s to the hearing are expected to ask and respo nd to questions on
their ow n behal f, w ithout represe ntat ion by thei r adv isor. Th e advi so r may cons ult
wit h the adv isee quietly or in writing , or outs ide the hearing during break s, but may
not speak on beha lf of the advisee to the panel.
• Hea rings for po ss ible vio lations that occu r nea r or afte r the end of an acade mic te rm
wi ll be held imm ediate ly after the end of the term or during the summer , as needed,
to meet the reso lution time line followed by the Co llege and remai n within the 60-day
go al for reso lution.

18

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c. Hearing Procedures
Hearings will be convened. usually within one to two weeks of the completion of the
investigation. and will be conducted in private. The hearing panel has the authority to hear
all collateral misconduct, meanihg that it hears all allegations of discrimination, harassment
and retaliation. but also may hear any additional alleged policy violations that have occurred
in concert with the discrimination, harassment or retaliation, even though those collateral
allegations may not specifically fall within hearing panel jurisdiction. Accordingly , •
investigations should be conducted with as wide a scope as necessary.
Participants wi II include the non-voting Chair, the three members of the panel, the
investigator(s) who conducted the investigation on the grievance, the·party bringing an
investigation and responding party (is) (or three organizational representatives in a case
where an organization is charged), advisors to the parties and any ca lled witnesses. The
Chair will exchange the names of witnesses the College intends to call, all pertinent
documentary evidence and any written findings from the investigators between the parties at
least two business days prior to the hearing. In addition, the parties wi II be given a Iist of the
names of each of the hearing panel members at least two business days in advance of the
hearing. Should either (any) party object to any panelis4 he/she must raise all objections. in
writing, to the Chair immediately. Panel members will only be unseated if the Chair
concludes that their bias precludes an impartial hearing of the grievance. Additionally, any
panelist or Chair who feels he/she cannot make an objective determination must recuse
himself or herse lf from the proceedings when notified of the identity of the parties and all
witnesses in advance of the hearing.
The Chair. in consultation with the parties and investigators. may decide in advance of the
hearing that certain witnesses do not need to be physically present if their testimony can be
adequately summarized by the investigator(s) during the hearing. All testimonies
summarized by the investigator if the witness is not present must be documented and signed
by the said witness. All parties will have ample opportunity to present facts and arguments
in full and question all present witnesses during the hearing, though formal crossexamination is not used between the parties. If alternative questioning mechanisms are
desired (screens, Skype. questions directed through the Chair, etc.), the parties should
request them from the Chair at least two business days prior to the hearing.
Once the procedures are explained and the participants are introduced, the investigator will
present the report of the investigation first, and be subject to questioning by the parties and
the hearing panel. The investigator(s) will be present during the entire hearing process. but
will only be present during deliberations at the request of the Chair. The findings of the
investigation are not binding on the panel, though any undisputed conclusions of the
investigation report will not be revisited. except as necessary to determine
19

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r )

sanctions/responsive actions. Once the investigator(s) is/are questioned, the hearing panel
will permit questioning of and by the parties, and of any present witness. Questions may be
directed through the panel at the discretion of the Chair.
Formal rules of evidence will not apply. Any evidence that the panel believes is relevant and
credible may be considered, including history and pattern evidence. The Chair will address
any evidentiary concerns prior to and/or during the hearing. may exclude. irreJevant or.
immaterial evidence and may ask the panel to disregard evidence lacking in credibility. The
Chair will determine all questions of procedure and evidence. Anyone appearing at the
hearing to provide information will respond to questions on his/her own behalf.
Unless the Chair determines it is appropriate. no one will present information or raise
questions concerning: (I) incidents noLdirectly related to the possible violation. unless they
show a panern, or (2) the sexual history of or the character of the victim/party bringing a
grievance.
There will be no observers in the hearing. The Chair may allow witnesses who have
relevant information to appear at a portion of the hearing in order to respond to specific
questions from the panel or the parties involved. The panel does not hear from character
witnesses. but wi 11accept up to two letters supporting the character of the individuals
involved.
In hearings involving more than one accused individual or in which two parties bringing an
investigation have accused the same individual of substantially similar conduct. the standard
procedure will be to hear the investigations jointly; however, the Title IX Coordination
Team may permit the hearing pertinent to each responding party to be conducted separately.
In join t hearings, separate determinations of responsibiIity wi II be made for each responding
party.
Proceedings are private. All persons present at any time during the hearing are expected to
maintain the privacy of the proceedings. subject to Wesley College consequences for failure
to do so. While the contents of the hearing are private, the parties have discretion to share
their own experiences if they so choose, and should discuss doing so wilh their advisors.
Hearings are recorded for purposes of review in the event of an appeal. Hearing panel
members, the parties and/or the persons who initiated the action. and appropriate
administrative officers of Wesley College will be allowed to listen to the recording in a
location determined by the Title IX Coordination Team or designee. No person will be
given or be allowed to make a copy of the recording without permission of the Title IX
Campus Site Coordinator. Persons given access to the recording will be required to sign an
agreement confirming that they will protect the privacy of the infom,ation contained in the
20

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recording.

d. Decisions
Th e Hearing Pan el will deliberate io closed session to determine whether the responding
party is responsible or not responsible for the violation(s) in question. The panel will base
its determinatio n on a preponderance of the evidence (i.e., whether it is more likely than not
that the accused ind ividual comrnin ed each alleged violation). If an individual responding
party or organizat ion is found responsible by a majority of the panel, the panel wi II
recommend appropr iate sanctions to the Title IX Campus Site Coordinato r.
The Chair will prepare a written deliberation report and de liver it to the Title IX Campus
Site Coordinator, detai ling the findings. how each member voted, the information cited by
the panel in support of its recommendation and any information the heating panel excluded
from its conside ration and why. The report should conclude with any recommended
sanctions . This report should no1 exceed two pages in length and must be submitted to the
Title IX Ca mpu s Site Coord inato r within two (2) days of the end of delibe rations.
The Title IX Cam pu s Site Coordinator will inform the accused individual and the party
bringing an inves tigation of the final determination w ithin 2-3 business days of the hearing,
withou t sign ificant time de lay between notificat ions. Notification wi ll be made in writing
and may be delivered by one or more of the following methods: in person; mailed to the
loca l or perma nent address of the part ies as indicated in officia l Wes ley College reco rds; or
emailed to the parties ' Co llege-issued etnai l account. Once mail ed, emailed and/or received
in-person , notice wi ll be presumptively delivered.

e. Sanctions
Sanctions or respons ive actions will be determined by the Hear ing Pane l. Factors considered
when determining a sa nction/respo nsive action may include:
• The nature. sever ity of, and circ um sta nces surround ing the violation
• An individual 's disciplinary history
• Previous grievances or allegations involving simi lar cond uct
• Any other information deeme d relevant by the Hearing Pane l
• The need for sanctions /responsive actions to bring an end to the discrim ination .
harassment and/or retaliation

• The need for sanctions/responsive actio ns to prevent the future recurrence of
discrimination , harassment and/or retaliation

• The need to remedy the effects of the discrim ination , harassment and/or retal iation
on the victim and the commu nity
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I. Student Sanctions

The following are the usual sanctions that may be imposed upon students or
organizations singly or in combination:
o

o

o

o

o

o

o

o
o

Verbal or Written Warning : A formal statement that the behavior was

unacceptable and a warning that further infractions of any Wesley College policy.
procedure or directive will result in more severe sanctions/respons ive actions.
Denied AccesJ - Denial of the student's right to be in specific areas of the campus
or a specified period of time (i.e. exclusion from a residence hall, game room).
Termination of the Housing Contract is not a censure of denied acce ss under this
provision.
Proharion : A written reprimand for violation of the Code of Student Conduct.
providing for more severe disciplinary sanctions in the event that the student or
organization is found in violation of any Wesley College policy, procedure or
directive within a specified period of time. Terms of the probation will be
specified and may include denial of specified social privileges, exclusion from
co-curricular activities, non-contact orders and/or other measures deemed
appropriate.
Suspe nsion : Termination of student status for a definite period of time not to
exceed two years. and/or until specifie criteria are met. Students who return from
suspension are automatically placed on probation through the remainder of their
tenure at College. This sanction will be noted as a Conduct Suspension on the
student's official transcript.
Expulsion: Permanent termination of student status, revocation of rights to be on
campus for any reason or attend College-sponsored events . This sanction will be
noted as a Conduct Expulsion on the student's official transcript.
Withholding Diploma. The Wesley College may withhold a student's diploma for
a specified period of time and/or deny a student's participation in commencemen t
activities if the student has a grievance pending, or as a sanction if the student is
found responsible for an alleged violation.
Revocation of Degree . The Wesley College reserves the right to revoke a degree
awarded from the Wesley College for fraud. misrepresentation or other violation
of Wesley College policies, procedures or directives in obtaining the degree. or
for other serious violations committed by a student prior to graduation.
Organiz ational Sanc tions. Deactivation, de-recognition. loss of all privileges
(including registration). for a specified period of time.
Other Ac tions: In addition to or in place of the above sanctions, the Wesley
College may assign any other sanctions as deemed appropr iate.

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ii . Employee Sanction s

Responsive actions for an employee who has engaged in harassment. discrimination
and/or retaliation include warning, required counseling. demotion, suspension with pay.
suspension without pay and termination.

f. Wit hd rawa l or Resi gnati on While Charges Pending

Students: The College does permit a student to withdraw if that student has an investigation
pending for violation of the policy on Equal Opportunity, Harassment and
Nondiscrim ination, or for charges under the Code of Student Conduct. Should a student
decide to leave and not participate in the investigation and/or hearing, the process will
nonetheless proceed in the student's absence to a reasonable resolution and that student will
not be permitted to return to Wesley College unless all sanctions have been satisfied.
Employees: Should an employee resign while charges are pending. the records of the Title
IX Central Coordinator will reflect that status. The Title IX Coordination Team will act to
promptly and effectively remedy the effects of the conduct upon the victim and the
cotnmun iry.
g. Appea ls

All requests for appeal considerations must be submitted in writing to the Title IX
Campus Site Coordinator within three business days of the delivery of the written
finding of the Hearing Panel.
A three-member panel designated by the Title IX Campus Site Coordinator who was not
involved in the investigation previously will consider all appeal requests. Any party may
appeal, but appeals are limited to the following:

•

•

•

A procedural error or omission occurred that significantly impacted the outcome
of the hearing (e.g. substantiated bias. material deviation from estab lished
procedures, etc.).
To consider new evidence, unknown or unavailable during the original hearing or
investigation. that could substantially impact the original finding or sanction. A
summary of this new evidence and its potential impact must be included.
The sanctions imposed are substantially disproportionate to the severity of the
violation [or better: The sanctions fall outside the range of sanctions the College has
designated for this offense].

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The appeals panel will review the appeal request{s). The original finding and
sanction/responsive actions will stand if the appeal is not timely or is not based on the
grounds listed above, and such a decision is final. When any party requests an appeal,
the other party (parties) will be notified and joined in the appeal. The party requesting
appeal must show that the grounds for an appeal request have been met, and the other
party or parties may show the grounds have not been met, or that additional grounds are
met. The original finding and sanction are presumed to have been decided reasonably
and appropriately.
Where the appeals panel finds that at least one of the grounds is met. and proceeds,
additional principles governing the hearing of appeals include the following:
•

•

•

•

•
•

Appeal decisions by the panel are lo be deferential to the original decision. making
changes lo the findingonly where there is clear error and to the sanction/responsive action only
ifthere is a compellingjustificationto do so.
Appeals are not intended to be a full rehearing of the investigation. In most cases,
appeals are confined to a review of the writ1endocumentation or record of the original
hearing, and pertinent documentation regarding the grounds for appeal. Appeals granted
based on new evidence should nonnally be remanded to the original hearing panel for
reconsideration. Other appeals may be remanded at the discretion of the Title IX
Campus Site Coordinator or heard by the three-member panel.
Sanctions imposedare implemented immediatelyunless the Title IX Campus Site Coordinator
or designee stays their implementationin extraordinarycircumstances, pending the outcome of
the appeal.
The Title IX Campus Site Coordinator will normally, after conferring with the appeals
panel. render a written decision on the appeal to all parties within 2-3 business days from
hearing of the appeal.
A II parties should be informed of whether the grounds for an appeal are accepted and the
results of the appeal decision.
Once an appeal is decided, the outcome is final: further appeals are not pennitted.

h. Failure to Comp lete Sanctions/Co mply with Responsive Actions

All responding parties are expected to comply with conduct sanctions/responsive/corrective
actions within the time frame specified by the Title IX Campus Site Coordinator. Failure to
follow through on conduct sanctions/responsive/corrective actions by the date specified.
whether by refusal. neglect or any other reason, may result in additional
sanctions/responsive/corrective actions and/or suspension, expulsion and/or termination
from the College and may be noted on a student' s official tr:anscript. A suspension will only
be lifted when compliance is achieved to the satisfaction of the Title IX Campus Site
Coordinator.
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i. Records
In impleme nting this policy, records of all investiga tions. reso lutions, a nd hea rin gs wi ll be
kept by in the President Office.
,;. Stat ement of the Rights of a Party Brin ging an Investigation
•
•

•
•

•
•

•
•
•

•
•

•
•

To be treated with respect by Wes ley Co llege officia ls.
To take adva ntage of camp us suppo rt resources (suc h as Counse ling & Psyc hological
Se rvices. the Office of the Chaplains. and Wes ley College Hea lth Services for
stude nts).
To experience a safe living , educationa l and work envir o nment.
To have an adv isor during this process .
To refuse to have an allegation reso lved through confl ict reso lution procedu res .
To receive amnesty for minor student misconduct (such as alcohol or drug
violations) that is ancillary to the incident.
To be free fro m reta liation .
To have investigations hea rd in substantial accordance wit h these procedures .
To full participation of the injured party in any hea ring process whe ther the inju red
party is se rving as the party br inging an investigation or the Co llege is serving as
party bringing an investigati on.
To be informed in writing of the outcome /reso lution of the investigation, sanc tions
where permiss ible and the rationale for the outcome where permissible.
Refe r to law enforcement and have assis tance .
Housing and living accom modatio ns .
No contacts .

k. Statement of the Rights of the Responding Party

• To be treated with respect by Wesley Co llege officials .
•

•
•

•

•

To take advantage of ca mpus support reso urces (such as Counse ling & Psyc ho logical
Services. the Office of the Chap lain s, and Wesley Co llege Hea lth Services for
students).
To have an advisor during this proces s .
To refu se to have an allegation resolved through conflict resolutio n procedures .
To have an inves tigation heard in substa ntia l acco rdance wirh these proce dur es .
To be informed of the outcome /reso lution of the grievance and the rat iona le for the
outcome. in writ ing .

8. Re vis ion

25

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•

(

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These policies and procedures will be reviewed and updated annually by the Title IX
Coordination Team. The Title IX Coordination Team may make minor modifications to
procedure that do not materially jeopardize the fairness owed to any party. However, the
Title IX Coordination Team may also vary procedures materially with notice (on the
institutional web site. with appropriate date of effect identified) upon determining that
changes to law or regulation require policy or procedural alterations not reflected in this
policy and procedure. Procedures in effect at the time of its implementation will apply.
Policy in effect at the time of the offense will apply even if the policy is changed
subsequently. unless the parties consent to be bound by the current policy.
This policy and procedure was implemented in February 20 15.

26

  

 

 

Wesley College
Title IX Policy

Updated: June 2016

 

 

 

 

 

 

POLICY AND PROCEDURES: Equal Opportunity, Harassment
and Nondiscr imination
Wesley College affirms its commitment to promote tbe goals of fairness and equity in all
aspects of the educationa l enterpri se. All policies below are subject to resolution using the
Wesley College's Equity Process. The Equity Process is applicable regardless of the status
of the parties involved , who may be members or non-members of the campus community,
stude nts, student organi zations , faculty, admin istrators and/or staff. The College reserves
the right to act on incidents occurring on-campus or off-ca mpus, when the off-campus
conduct cou1d have an on-cam pus impa ct or impact on the educationa l mission of the
College .
Dean Wanda Anderson serves as the Coordinat or/Gatekeeper and oversees implementat ion
of the College's po licy on equal opportunity, harassment and nondiscrimination. Reports of
discrimination, hara ssment and/or retaliation shou ld be made to the Title IX Advocate Team
promptly , but there is no time limitation on the filing of a comp laint , as long as the accused
individual r-emains subject to the College's juri sdiction. All reports are acted upon promptly
whlle every effort is made by the College to preserve the privacy of reports. Reporting is
addressed more specifically on IL_l l , Sect ion 7. Reports of discrimination by a member of
the Title IX Advocate Team shou ld be reported to the College President, Robert E. Clark II
at (302) 736-2508.
This po licy applies to behaviors that take place on the campus; at college-sponsored events
and may also apply off-campus and to actions on line when the Tit le IX Advocate Team
dctennines tha t the off-campus conduct affects a substantia l Wes ley College interest. A
substantia l Wesley College interest is defined to include:
a) Any action that constitutes criminal offense as defined by federa l or the State of
Delaware law. This includes, but is not limited to, single or repeat vio lations of
any local, state or federal law committed in the municipality where the College is
located;
b) Any situation where it appears that the accused individual may present a danger
or threat to the health or safety of self or others ;
c) Any s ituat ion that significan tly impinges upon the rights, property or
achievemen ts of self or others or significantly breaches the peace and/or causes
socia l disorder; and/o r
d) Any situation that is detrimental to the educational interests of the CoJlege.
1

 Any online postings or other electronic communication by stude nts , including cyberbullying, cyber-stalking, cyber-harassment , etc. occurring complete ly outside of the
University/College 's control (e.g. not on Wesley College network s, websites ot between
Wesley College email accounts) will only be subject to this policy when those oalioe
behaviors can be shown to cause a substantial on-campus disrupt ion. Otherwise , s11ch
communi cations are considered speech protected by the 151 Amendment.
Off-campus discriminatory or harassing speech by employees may be regulat ed by the
College only when such speech is made in an employee 's officia l or work-related capacity.
Inquiries about this policy and procedure may be made internally to Titl,e IX Advocate
Team:
Dean Wanda Anderson
Coorru nator/Gatekee per
(302) 736- 2443
Email: Wanda.Anderson@wesley.edu

Melissa Elliott
Central Coordinator for Studen t Con duct and
Sexual Assault Advocate
(302) 736- 2586
Email: Me lissa.Elliott@wesley.edu

Dr. Karen Panunto
Central Coordinator for Anti-Harassment
Advocate
(302) 736-2511
Emai l: Karen.Panunto @wesley.edu

Renee McGlothlin
Title lX Educator /Investigator Advocate
(302) 736-2585
Email: Renee .McGlothlin@wesley.edu

Bri an Belcher
Central Coordinator for Disability Support
Advocate
(302) 736-2739
Emai l: Brian.Belcher@wesley.edu

Tracey Short
Central Coordina tor for Athletic Compliance
Advocate
(30Z) 736-2535
Email: Tracey.Short@wesley.edu

Walt Beaupre
lnvestigator
(302) 736-2436
Email : Walt.Beaupre@wesley.edu

Heather Shalk
Central Coordinator for Human Resour ces
Advocate
(302) 736-2 306
Email: Heather.Shalk@wesley.edu

2

 Inquiries may be made externally to:
Offi ce for Civ il Rights (OC R)
U.S. Departm ent of Education
400 Maryland Avenue, SW
Washington ~DC 20202-1100?
Custo mer Service Hotline # : (800) 421-3481
Facsi mile: (202) 453-6012
TDD#: (877) 521-2172
Email: OCR@cd.g.Q
y
Web: http_://wwF .<;:d.govlg cr

Equal Emp loyment Opportunity Commission (EEOC)
Contact: http:// W'i:_vw
.eeoc.gov /contac t/

1. Wesley College Policy on Nondiscrimination
Wesley College adheres to all federal and state civil rights laws banning discrimination in
private institutions of higher education. Wesley College has a zero tolerance for
discrimination against any employee, applicant for employment, student or applicant for
admission on the basis of race , relig.ion, hearing status, personal appearance, color, sex,
pregnancy 1 political affiliation, source of income, place of business, residence , religion,_
creed, ethnic ity, national origin (including ancestry) , citizenship status, physical or mental
disability, age, marital status, family responsibilities, sexual orientation, gender ~ gender
identjty , veteran or military status (including special rusab led veteran, Vietnam-era veteran,
or recently separated veteran), predisposing genetic characteristics, domestic violence victim.
status or any other protected category under applicable local , state or federal law, including
protections for those opposing discrimination or participating in any investigation process
on campus or within the Equal Employment Opportunity Commission or other human rights
agencies.
This policy covers nondiscrimination in employment and in access to educationa l
opportun ities. Therefore, any member of the campus community, guest or visitor who acts
to deny , deprive or limit the educational, emp loyment, residentia l and/or social access,
benefits and/o r opportunHies of any member of the campus community on the basis of their
actual or perce ived membership in the protected classes listed above is in violation of the
3

 College policy on nondiscrimination . When brought to the attention of the College, any
such discrimination will be appropriately remedied by the College according to the
procedures below.

2. Wesley College Policy on Accommodation of Disabilities
Wes ley Co llege is committed to full compliance with the Americans with Disabilities
Act of 1990 (ADA) and Sec tion 504 of the Rehabilitation Act of 1973, which prohibit
discrimination aga inst qualified persons with disabi lities, as well as other federal and
state laws pertain ing to individuals with disabilities. Under the ADA and its
amendmepts , a person has a disability if he or she has a physical or mental impairment
that substantially limits a major life activity. The ADA also protects individuals who
have a record of a substantially limiting impairment or who are regarded as disabled by
the jnstitution whether qualified or not. A substantial impairment is one that
sigruficantly limits or restricts a major life activity such as hearing , seeing, speaking ,
breathing, performing manual tasks, walking or caring for oneself .
The Director of Human Resources has been designated as the ADA/504 Coordinator
responsible for coordinating effo rts to comply with these disability laws , includin.g
investigation of any alle gations of noncompliance.

a. Students with Disabilities
Wesley Co llege is committed to providing qualified students with disabilities with
reasona ble accommodations and support needed to ensure equal access to the academic
programs and actjvities of the College.
All accommodations are made on a case-by-case basis. A student reques ting any
accommodation should first contact the Disabilities Support Services Coordinator who
coordinates services for students with disabilities. The coordinator reviews
documentation provide d by the stude nt and , in consultation with the student, determines
which accommodations are appropriate to the student's particu lar needs and academic
programs.

b. Employees with Disabilities
Purs uant to the ADA , Wesley College will provide reasonable accommodation(s) to all
qualified employees with known disab ilities, where their disability affec ts th e performance
of their essential job functions , except where doing so wou ld be unduly disruptive or would
result in undue hardship.

4

 An employee with a disability is responsible for requesting an accommodation in writing to
Human Resources and provide appropriate documentation. Human Resources will work
with the employee's superv isor to identify which essential functions of the position are
affected by the employee's disability and what reasonable accommodations could enable the
employee to perform those duties.

3. Wesley College Policy on Discriminatory Harassment
Students, staff , administrators, and faculty are entitled to a working environment and
educational environment free of discriminatory harassment. Wesley Co llege ' s harassment
policy is not meant to inhibit or prohibit educationa l content or discussions inside or outside
of the classroom that include germane, but controversial or sensitive subject matters
protected by academic freedom. Toe sections below describe the specific forms oflegally
prohibited harassment that are also prohibited under the College's policy.

a. Discriminatory and Bias-Related Harassment
Harassment constitutes a form of discrimination that is prohibited by law . Wesley Co llege
will remedy all forms of harassment when reported, whether or not the harassment rises to
the level of creating a hostile en:vironment. When harassment rises to the leve l of creating a
hosti le environment, the College may also impose sanctions on the harasser. Wesley
College's harassment policy exp licitly prohibits any form of harassment, defined as
unwelcome conduct on the basis of actual or perceived membership in a protected class, by
any member or group of the community.
A hostile environment may be created by oral , written, graphic, or physical conduct that is
sufficiently severe, persistent/pervasive and objectively offensive that it interferes with,
limits or denies the ability of an individual to participate in or benefit from educational
programs or activitie s or employment access, benefits or opportunities.

Offensive conduct and/or harassment that does not rise to the level of discrimination or that
is of a generic nature not on the basis of a protected status may not result in the imposition of
discipline under the College 's policy, but will be addressed through civil confrontation,
remedial actions , and education and/or effective co~ict resolution mechanisms. Fo r
assistance with conflict resolution techniques , employees shoul d contact the Director of
Human Resources and students sho uld contact the Dean of Students.
The Co llege condemns and will not tolerate discriminatory harassment against any
employee, student, visitor or guest on the basis of any status protected by college policy or
law .

s

 b. Sex ual Harassment
Both the Equal Employment Opportunity Commission and the State of Delaware regard
sexual harassment as a fonn of sex/gertder discrimination and, therefore, as an unlawful
discriminatory practice. Wesley Co llege has adopted the following definition of sexual
harassment, in order to address the special environment of an academic commun ity, which
consist,; not only of emp loyer and employees, but of students as well .
Sexual harassment is:
•

Unwelcome , sexual or gender -based verbal , written , on line and/or physical conduct.

Anyone experiencing sexual harassment in any College program is encouraged to repon it
immediate ly to the College 's T itle IX Advocate Team.
Sexual harassment creates a hosti le environment, and may be disciplined when it is:
•

sufficiently severe, persistent/pervasive and objectively offensive that it,
o has the effect of unreasonably interfering with , denying or limiting
emp loyment opportun ities or the ability to participate in or benefit from the
university's educat ional , social and/or residential program , and is
o Based on power differentials (quid p ro quo), the creatio n of a hostile
environment or retal iation.

POLlCY EXPECTATIONS WITH RESPECT TO CONSENSUAL RELATIONSHIPS
There are inherent risks in any romantic or sexua l relationship between individuals in
unequal positions (such as faculty and student, superv isor and emp loyee). These
relationships may be less consensual than perceiv ed by the individual whose po sition
confers power. The relationsh ip also may be viewed in different ways by each of the parties ,
particularly in retrospect. Furthennore, circum stances may change , and conduct that was
previously welcome may become w1welcome. Even when both parties have consented at the
outset to a romantic or sexual involvement, this past consent may not remove grounds for a
later charge of a violat ion of applicable sections of this policy . Wesley College does not
wis h to interfere with private choices rega rdin g persona l relationships when these
relationships do not interfere with the goals and policies of the College. For the personal
pro tection of members of this community, relationships in which power differentia ls are
inherent (faculty-student . staff -stude nt, administra tor-student) are genera lly discouraged.
Consensual romantic or sexual relationships in which one party maintains a direct
supervisory or eva luative role over the other party are unethical. Therefore , persons with
6

 direct superv isory or evaluative responsibilitie s who are involved in such relation ships must
b1ing those relationships to the timely attention of their supervisor, and will likely result in
the necessity to remove the employee from the supervisory or evaluative responsibilities , or
shift a party out of being supervised or evaluated by someone with whom they bave
established a consensual relationship. This includes RAs and students over whom they have
direct responsibility. While no relationships are prohibited by this policy , failure to selfreport such relatio nships to a supervisor as required can result in disciplinary · action for an
employee.
c. Sexua l Misconduct
State law defines various violent and/or non-consensual sexual acts as crimes. Additionally ,
Wesley College has defined categories of sexua l misconduct , as stated below, for which
action under this policy may be imposed. Generally speaking, Wesley College considers
Non-Consensual Sexual Intercourse vio lations to be the most serious, and therefore typically
imposes the most seve re sanctions, including suspension or expulsion for students and
termination for employees. However , Wesley College reserves the right to impose any level
of sanction , ranging from a reprimand up to and including suspension or
expulsion/termination, for any act of sexual misconduct or other gender-based offenses,
including intimate partner or relationship (dating and/or domestic) violence, non-consensual
sexual contact and stalking based on the facts and circumstances of the particular
investigation . Acts of sexual misconduct may be committed by any person upon any other
person, regardless of the sex, gender, sexua l orientation and/or gender identity of those
involved. Violations include:
i.
ii.

Sexual Harassment (as defined in section b above)
Non-Consensual Sexual Intercourse

Defined as:
• any sexuaJ penetration or intercourse (anal, oral or vaginal)
• however slight
• with any object
• by a person upon another person
• that is without consent and/or by force
Sexua l penetration includes vaginal or anal penetration by a penis , tongue, finger or
object, or oral copulation by mouth to genital contact or genital to mouth contact.

7

 iii.

Non-Consensual Sexual Contact
Defined as:
• any intentional sexual touching
• however slight
• with any ooject
• by a person upon another person
• that is without consent and/or by force
Sexua1 touching includes any bodily contact with the breasts, groin, genital s, mouth
or other bodily orifice of another individual, . or any other bodily contact in a sexual
manner.

iv.

Sexual Exploitation
Sexual Exploitation refers to a situation in which a person takes non-consensual or
abusive sexual advantage of another, and situat ions in which the conduct does not
fall within the definitions of Sexual Harassment , Non-Con sensual Sexual Intercourse
or Non-Consensual Sexual Contact. Examples of sexual exploitation include, but are
not limited to:

•

•

•
•

v.

Sexual voyeurism (such as watching a person undressing, using the bathroom or
engaged in sexual acts without the consent of the person observed)
Taking pictures or video or audio recording another in a sexual act, or in any
other privat e activity without the consent of all involved in the activity , or
exceeding the boundaries of consent (such as allowing another person to hide in a
closet and observe sexua l activity, or disseminating sexual pictures without the
photographed person ' s consent)
Prostitution
Sexual exploitation also includes engaging in sexual activity with another person
while knowingly infected with human immunodeficiency virus (HIV) or other
sexually transmitted disease (STD) and without informing the other person of the
infection, and further includes administering alcoho l or drugs (such as "date
rape" drugs) to another person without bis or her knowledge or consent

Consent 1

' The $!-atedefinition of consent is a minor (meaning a person under the age of 16 years) canno t consent to sexual activity . This
means that sexual contact by an adult with a person younger than 16 years old is a crime, as well as a violation ofthi .s policy, even
if the minor wanted to engage in the acL Any person .ifter said age, with legal capacity , not under force or duress, may give legal
consen t ·to sexual contact (Del. Code Ann. rit I l § 761) Which is applicable co criminal prosecutions for sex offenses in Delaware ,
but may differ from the definition used on campus to address pol icy violations.

8

 •
Consent is knowing, vo luntary and clear permission by word or action, to engage in
mutually agreed upon sexual activity. Since individuals may experience the same
interaction in different ways, it is the responsibility of each party to make certain that
the other has consented before engaging in the activity. For consent to be valid, there
must be a clear expression in words or actions that the other individual consented to
that specific sexual conduct.
A per son cannot consent if he or she is unable to understand what is happening or is
disoriented, helpless , asleep or uncons cious for any reason , including due to alcohol
or other drugs. An individual who engages in sexual activity when the individual
knows , or should know, that the other person is physically or mentally incapacitated
has.violated this policy.
It is not an excuse that the individual responding party of sexual misconduct was
intoxicated and; therefore , did not realize the incapacity of the other.
Incapacitation is defined as a state where someone cannot make rational, reasonable
decisions because they Jack the capacity to give knowing consent (e.g., to understand
the "who:,what, when, where, why or how" oftbeir sexual interaction). This policy
also covers a person whose incapacity results from mental disability , involuntary
physical restraint and/or from the taking of incapacitat ing drugs.
Consent to some sexua l contact (such as kissing or fondling) cannot be presumed to
be consent for other sexual activity (such as intercourse). A current or previous
dating relationship is not sufficient to constitute consent. The existence of consent is
based on the totality of the circumstances, including the context in which the alleged
incident occurred and any similar previous patterns that may be evidenced. Silence or
the absence of resistance alone is not consent. A person can withdraw consent at any
time during sexual activity by expressing in words or actions that he or she ho longer
wants the act to continue, and, if that happens, the other person must stop
immediately.

In Delaware State, a minor (meaning a person under the age oft 6 years) cannot
consent to sexual activity. This means that sexual contact by an adult with a person
younger than l 6 years old is a crime_, as well as a violation of this policy, eyen if the
minor wanted to engage in the act.

9

 4. Other Civil Rights Offenses, When the Act is Based upon the Status of a Protect ed
Class
•

•

•
•

•

•

•

2

Threatening or causing physical harm, extreme verbal abuse or other conduct which
threatens or endangers the health or safety of any person on the basis of their actual or
perceived membership in a protected class
Discrimination , defined as actions that deprive other members of the commun ity of
educational or employment access, benefits or opporrunit ies on the basis of their actual
or perceived membership in a protected class
lntimidation, defined as implied threats or acts that cause an unreasonable fear ofhann
in another on the basis of actua l or perceived membership in a protected class
Hazing, defined as acts likely to cause physical or psychologica l harm or social
ostracism to any person within the Wes ley College community, when r elated to the
admission, initiat ion, pledging, joining, or any other group-affiliation activity (as defined
further in the hazing policy) on the basis of acrual or perceived membership in a
protected class; hazing is also illegal under the State of Delaware law and prohibited by
Wesley College.
Bullying , defined as repeated and/or severe aggressive behavior likely to intimidate or
intentiona lly hurt, control or diminish another person, physically or mentally on the basis
of actual or perceived membership in a protected class
Violence between those in an intimate relationship to each other on the basis of actual or
perceived membership in a protected class (this includes romantic relationships , dating,
domestic 2 and/or relationship violence/
Stalking 4,defined as a course of conduct directed at a spec ific person on the basis of
acrual or perceived membership in a protected class that is unwelcome and would cause
a reasonable person to feel fear

Toe state defini tion of domestic violence is violence can be phys ical, sexual , emotional, economic, or psychological act ions or

threats of actions that Influence another person. Domestic violence includes, but is not limited to, actual or potential physical
injury or harm, sexual abuse or threats of physrcal Injury ot harm, or sexual abuse against a person with a past or pres en t
intimate re latlonshlp such as marriage, dating, family, friends or cohabi tat ion. Del. Code Ann. tit 11 § 1312(a)
Which is applicable to criminal prosecutions for domestic violence in DE , but may differ from the definition used on campus 10
address policy violations.
3

•

Employee A has been in an intimate relationship with Employee B for over a year; Employee A punches Employee B in the
face during an argument (Dating Violence).
Student A has been in an intimate relationship with Student B for over a year; Students A & B live together . Dunog an
argument, Student A shoves Student B to the ground (Domestic Violence).

4

The state definition of stalking is a person is guilty of stalking when the person knowingly engages in a course of conduct
directed at a specific person. Which is applicable to criminal prose cutio ns for stallcing in DE, but may differ from the definition
used on campus to address policy v iolations .

5

Employe e A recently ended an intimate relationship with Employee B. For the past three weeks , B .has been sending A I 00
text messages per day and waits by A's. car at the end of each day to beg and plead with her to take him back . When she

10

 • Any other Wesley College rules , when a violation is motivated by the actua l or perceived
memb ership of the victim [on the basis of sex or gender or in a protected class], may be
pursued using this policy and process.
Sanctions for the above-listed "Other Civil Rights Behavi ors " behavior s range from
reprimand up through and including expulsion (stude nt s) or terminat ion of emp loyment.
5. Retaliation
Retaliation is defined as any adverse action taken against a person p articipati ng in a
pro tected activity because of their participation in that protected activity. Retaliati .on against
an individua l for alleging harassment, supportin g a party bringing an investigation or for
assisting in providing information relevant to a claim of hara ssm ent is a serio us violat ion of
Wesley Co llege policy and will be treate d as another possible instance of barassme nt or
discrim inati on. Acts of alleged retaJiation should be rep orted immediately to the Title [X
Advocate Team and will be promptly investigated. Wesley College is prepared to take
appropri ate steps to protect individuals who fear that they may be subjected to retaliation .

6. Remedial Action
Wesley Co llege will impl ement jnitial rem edial and responsive and/or prote ctive actions
up on notice of alleged harassme nt , retaliation and/or discrimination. Such action s coul d
includ e but are not limited to: no contact orders , providing coun.seling and/or medial
services, academic support, living arrangement adjustments, providing a campu s escort,
acade mic or work schedule and assignment accommodations, safety planning, referral to
camp us and community support resources.
Wesley Co llege will take additional prompt remedial and/or disciplinary action with respect
to any member of the community , guest or vis itor who has been found to engage in
harassing or discriminatory behavior or retaliation. Procedur es for handlin g reported
incidents are fully described below . Deliberately false and/or malicious accusations of
harassme nt, as opposed to an invest igation which , even if erroneous, are made in good faith ,
are j ust as serio us an offe nse as harassme nt and will be subject to appropriate djsciplinary
action.

refuses , he loses control, makes lhreatcning gestures, and tells her she will regret this. Employee A indicaces she is.fearfu l of
what B might do tQ her (Stalking).
Mark is a student on campus who has always been fascina ted by women who dye their hair. One .day , he notices Mary Lou,
whose hrur is dyed a very bright purple. He follows her home to see where she lives , and beg ins to track her history , act ions
and movements on line . 1-Hs fascination increases to the point where he follows her frequently on campus , takes pictures of
her wilhou t her permission, and spies thr(>Ughher' wiodow at night with a long-range camera lens. He wants to bave her
beautiful pwpl e hair for his own, so that he can stroke it whenever he wants ;

11

 7. Confidentiality and Reporting of Offenses under This Policy

Wesley College officials, depending .on their ro.les at the College, have varying reporting
responsibilities and abilities to maintain confidentiality. In order to make informed cho ices,
one should be aware of confidentiality and mandatory reporting requirements when
consulting campus resources. On campus, some resources may maintain confidentiality ,
offering options and advice without any obligation to inform an outside agency or individual
Wlless you have requested infonnation to be shared. Other resources exist for you to report
crimes and po licy violations and these resources will take action when you report
victimization to them. Most resources on campus fal1 in the middle of these two extremes ;
neithe r the College, nor the Jaw, requires them to divulge private information that is shared
with them, except in rare circumstances. The following describes the two reporting opt ions
at College:

a. CoofidentialReporting
If a reporting party wou ld like the details of an incident to be kept confidential , the reporting
party may speak with off-campus local rape crisis counselo rs, domestic violence resources,
local or state assistance agencies , [or on or off-campus members of the clergy/chaplains]
who wi ll maintain confidentia lity except in extreme cases of immediacy of threat or danger
or abuse of a minor. Campus counselors [and/or the Employee Assistance Program] are
availab le to help free of charge and can be seen on an emergency basis during normal
business hours. These employees will submit anonymous statist ical information for Clery
Act purposes unless they believe it would be harmful to their client , patient or parishioner.

b. Formal Reporting Options
Alleging party bringing an investigation forward are encouraged to speak to Wesley Co llege
Title IX Advocate Team to make formal reports of incidents of sexua l misconduct. The
alleging party bringing an investigat ion forward has the right , and can expect, to have the
incident taken serious ly by the College when formally reported, and to have those incidents
investigated and properly resolved through these procedures. Formal reporting still affords
privacy to the reporter , and only a small group of officia ls who need to know will be told.
Information will be shared as necessary with investigators , witnesses and the responding
party . The circle of people with this knowledge will be kept as tight as possible to preserve
the individual ' s rights and privacy .

8. Federal Timely Warning Obligations
Victims of sexual misconduct shou ld be aware that Wesley Co llege administrators must
issue timely warnings for jncidents reported to them that pose a substantial threat of bodily
12

 harm or danger to members of th.e campu s commun ity. The College w ill make every effort
to ensure that a vic tim 's name and. oth er identifying infonnatioo is not disclosed . while still
providing enough information for community members to make safety decisions in light of
the poten tial danger.

EQUITY PROCESS FOR RESOLVING INVESTIGATIONS
OF HARASSMENT, SEXUAL MISCONDUCT AND OTHER
FORMS OF DISCRIMINATION
Wesley College will act on any formal or informal investigation or notice of violation of the
policy on E~ual Opportunity, Harassment and Nondiscrimination, that is received by Title
IX Advocate Team.
The procedures describe d below will apply to all investigations involving s.rudents, staff or
facu lty members. Redress and requests for responsive actions for investigations bro ught
involving non~members of the commun ity are also covered by these procedures.
I . Title (X Advocate Team

Members of the Advocate Team are announced in an annual distribution of this policy to
campus staff, current students and faculty members. The list of members and a description
of the panel can be found at www.wes ley.ed u . Members of the Adocate Team are trained in
all aspects of the investigation process, and can serve in of the following ro les, at the
direction of the Title IX Coordinator/Gatekeeper:
•
•
•
•
•
•

To
To
To
To
To
To

prov ide sensitive intake and init ial counseli ng of investigations
serve in a mediation role in conflict reso lution
investigate fonnal and informal repo rts
act as advisors to those involved in investigation
serve on hearing panels for investigations
serve on appeal panels for investigations

Advocate Team member s also recommend proactive policies , and serve in an educat ive role
for the commu nity . The Title TX Coordinator /Gatekeeper ·appoints the panel. The pane l
consis ts of faculty and non-faculty emp loyees. Advocate Team members receive annual
training organized by the Title IX Coordin ator/Gatekeeper, including a review of Wesley
Co llege policies and procedures, so that they are able to provide accurate information to
members of the commun ity. All Advocate members' are required to attend this annua l
train ing.
Hearing members are usually appointed to three-year terms. Appoinunents to the Heari ng
13

 Pa11elshould be made w ith attention to representation of groups protected by the harassment
and non-discrimination policy. Individuals who are intereste d in serving on the Hearing
Panel are encouraged to contact the Title IX Coordinator/Gatekee per.

2. f iling an inves tigation
Any member of the co mmunity , guest or visitor who believes tbat the policy on Equal
Opportun ity, Harassment andNondiscritnination has been violated should contact a member
of the Title lX Advocate Team. It is also poss ible for employees to notify a supervisor , or
for students to notify an administrative advisor or faculty member, or any member of the
comm unity may contact Campus Police/ Public Safety. These individ uals will in tum notify
the Title lX Advocate Team.
All employees receiving reports of a pote ntial violation of Wes ley College pol icy are
expected to prompt ly contact the Title IX Coordinator/Gatekeepe r, within 24 hours of
becoming aware of a report or incident . ALIinitial contacts will be treated with the
max imum poss ible privacy: specific information on any investigation received by any party
will be reported to the Title TX Coordin ator/Ga tekeeper, but, subject to the Co llege's
ob ligation to redress violations , every effort will be made to maintain the privacy of those
initiating a report of an investigation . In all cases. Wesley Co llege will give consideration
to the party bringing an investigation with respect to how the invest igation is pursued , but
reserves the right , when necessary to protect the community, to investigate and pursue a
resolution when an alleged victim chooses not to initiate or participate in a formal
investigation.

3. lnvesti.g-ation Intake
Following receipt of notice or an investigation , the Title TX Coordinator / Gatekeeper will,
promptly assign a Title IX Advocate Team membe r to work as advisor to the person who
reported the ·incident. Norma lly, within two business days , an initial determination is made
whether a policy violation may have occurred and/or whether conflict resol ution might be
appropriate. Tfthe incident does not appear to allege a policy violatio n or if conflict
resolution is desired by the alleging party and appears appropriate given the nature of the
alleged behavior , then the investigation does not proceed.
A full investigation will necessari ly be pursue d if there is evidence of a pattern of
misconduct or a perce ived threat of fu1tber hann to the commun ity or any of its members.
The Co llege aims to comp lete all investigat ions wi th in a 60 business day time pe riod, wh ich
can be extended as necessary for appropria te cause by the Title lX Advocate Team with_
notice to the parties.
14

 4. Investigation

If'a party bringing an investigation wishes to pursue a formal invest igation o~ if the College,
based on the alleged policy violation, wishes to pursue a forma l invest igation, then the Title
IX Coor dinator /Gatekeeper appoints a Title IX Central Advocate to conduct the
investigation , usually within two business days of determining that an investigatio n
grieva nce should proceed. fovcstrgations of incidents broug ht directly by those allegi ng
harm should be completed expeditiously, normally within 10 bOsiness days of notice to the
Title fX Coordinator /Gatekeeper. lnvestigation may take longer when initia l interviews fail
to provide direct first-hand information . The College may undertake a short de lay (3-10
days, to allow evidence collection) when crimi nal charges on the basis of the same
behaviors that invoke ·this process are being investiga ted. Wesley College action w ill not be
altered or precluded on the grounds that civil or crimina l charges involv ing the same
incident have been filed or tha t charges have been dismissed or reduced. All investigation s
will be thoro ugh, reliable and impa.11iaJ
, and will entail interviews with all releva nt parties
and witnesses , obtainin g available evidence and identifying sources of expert infor mation, if
necessary.
5. Interim Remedies
If , in the judgment of the Title IX Coordinator/Gatekeeper , the safety or well-being of any
member(s) of the campus community may be jeopardized by the presence on-campus of the
accused individua l or the ongoihg activity of a student organ ization whose behav ior is in
question, the Title IX Coordinator/Gatekeeper (or designee) may pro vide interim remedies
intended to address the short-term effects of harassm ent, discrimination and/or retaliation ,
i.e., to r edress harm to the alleged victim and the community and to prevent further
violations. These remedies may include referral to counsel ing and health services or to
education to the commun ity, altering the housing situat ion of an accuse d student or resident
employee (or the alleged victim , if desir ed), alterin g work arrang ements for employees,
providing campus escorts, implementing contac t limitations between the parties, offerin g
adjustments to academ ic deadline s, course schedules, etc.

The College may interim suspend a srudent, employe e or organization pending the
completion of Title TXCentra l Advoca te investiga1ion and procedures. In all cases in which
an interim suspensi on is imposed, the studen t, employee or srudent organization will be
given the opportunity to meet with the Title IX Coordinator /Gatekeeper prior to such
suspension being imposed. or as soon thereaf ter as reasonably possible, to show why the
suspe nsion should not be implemented. The appropriate administrative officer or Tit le lX
Coord inator/Gatekeeper has discretion to imp lement or stay an interim suspe nsion under the
policy on Equal Opportunity, Harassment and N ondiscrimin ation, and to determh1e its
15

 conditions and duration. Violation of an interim suspens ion under this policy will be
grounds for expulsion or termination .
During an interim suspension or administrative leave, a student or employee may be denied
access to Wesley College housing and/or the College campus/fac ilities/events. As
determined by the appropriate administrative officer or Title IX Advocate Team this
restriction includes classes an~or all other College activities or privileges for which the
student m_ight otherwise be eJigible. Al the aiscretion of the appropriate administrative
officer or Title IX Advocate Team , alternative coursework options may be pursued to ensure
as minimal an impac t as possible on the accused student.

6. lnvestigation Resolution
During or upon the completion of investigation , the investigators _will meet with the Title IX
Coordination Team. Based on that meeting , the Title IX Advocate Team will make a
decision on whether there is reasonable cause to proceed with the investigation. If the Title
IX Advocate Team decides that no policy violation has occurred or tha t the preponderance
of evidence (i.e., whether it is more likely than not that the accused individual committed
each alleged violation) does not support a finding of a policy violation, then the process wm
end unless the party bringing an investigation requests that the Title IX Advocate Team
make an extraordinary determi nation to re-open the investiga6on or to forward the matter
for a hearing. This decision lies in the sole discretion of the Title IX Advocate Team. If
there is reasonable cause , the Tit le JX Advocate Team will direct the investigation to
continue, or if there is a preponderance of evidence of a violation, then the Title IX
Advocate Team may recommend mediation ) a resolution withou t a hearing or a forma l
hearing , based on the below c1iteria.
a. Mediation

Mediation is often used for less serious, yet inappropriate , behaviors and is encouraged as an
alternative to the formal hearing process to resolve conflicts. The Title IX Advocate Team
wiU determine if mediation is appropriate , based on the willingness of the parties , the nature
of the conduct at issue and the susceptibility of the conduct to med iation. ln a mediation
meeting , a Title TX Centra l Coordina tor will facilitate a dialogue with the parties to an
effective resolution , if possible. Sanctions are not possible as the result of a conflict
resolution process, though the parties may agree to appropriate remedies. The Title TX
Coordinator /Gatekeeper will keep records of any reso lution that is reached, and failure to
abide by the accord can result in approp riate resp onsive actions.
Mediation will not be the primary resolution mechanism used to address grievanc es of
sexual misconduct or violent behavior of any kind or in other cases of serious violations of
16

 policy , though it may be made available afte r the fonnal process is completed should the
parties and the Tit le IX Coordinator/Gatekeeper believe that it could be benefic ial. [ti.snot
necessary to pursue mediation first in order to make a formal investigation, and anyone
participating in mediation resolution can stop that process at any time and request a forma l
hearing.

b. Resolution without a. Hearin..,g

..

Resolution wjth out a hearing can be pursued for any behavior that falls within the policy on
Equa l Opportunity, Harassment and Nondiscrim ination , at any time during the process. The
Title IX Coordinator/Gatekeepe r will provide written notification of an investigation to any
member of the College community who is accused ofan offense of harassment,
discrimination , or retaliation. The Title IX Coordinator/Gatekeeper will meet with the
responding indiv iqual to explai n the finding(s) of the investigation. Once infonned , the
responding party may choose to admit responsibility for all or part of the alleged pol icy
vio lations at any point in the process. If so, the Title IX Coordinato r/Gatekeepe r will render
a finding that the individua l is in violation of College policy for the admitted conduct , and
will normally proceed to convene a formal hearing on any remaining disputed violations.
For admitted violation s, Title IX Advocat e Team will recommend an appropriate sanction or
responsive actio n. If the sanction/responsive action is accepted by both the party bringing
an investigation and responding party, the Dean of Students, Vice President of Academic
Affairs/ Provost or Human Resources will implement it, and act promptly and effectively to
remedy the effects of the admitted conduct upon the victim and the commun ity. [f either
party rejects the sanction/responsive action , the hearing will be held on the
sanction/ responsive action only, according to the bearing procedures below, except in the
case of at-will employees for whom finding s and responsive actions will be detennined by
Human Resources.

c. Formal Hearing
For any grievances that are not appropriate for conflict resolution and which are not
resolved without a hearing, the Title fX Coordinator/Gatekeeper will initiate a formal
hearing or for employees for whom no hearing process is avai lab le, will refer his/he r
findings to Human Resources for implementation.

7. Formal Hearing Procedure
a. Hearing
The Title IX Coordi nator/Gatekeeper will appoint a non-votmg panel case administrator and
three members of the hearing panel. Hearing panels may include both faculty and non17

 '
faculty employees, wit h least ·one facu lty emplo yee selected in an in\lc!stigation invo lving a
facu lty member. No member of the panel may be a pr_acticing attorney. The panel will meet
at times determi ned by the Chair.

b. Notification of Charges

At least forty eight hours prior to the hearing , or as far-i; advance as is rea sonably possib le if
an acce lerated hearing is schedu led with the consent oTthc parties , the Hearing Panel case
a<lrninistr ator will send a letter to the part ies with the following information . Once mailed,
emailed and/or receive d in-person : notice will be presumptively delivere d . The letter will
conta in:

•
•

•

•

A descr .iption of tbe alleged viola tion( s)) and a description of the appl icab le
procedures.
The time , date and locat ion of the hearing and a reminde r that attendance is
, mandatory , super seding all other camp us activities. lf any party do cs not appear at
the scheduled hearing , the hearing will be h eld in their absence. For compelli ng
reasons, the Cha ir may resc he<lule the hearing.
The parties may have the assistance of a hearing panel mem ber, or other advisor at
the hearing. Typica lly, advisors are memb ers of the campus comm uai ty, bu t the
Title TX Coordinator/Gatekeeper may grant permiss ion for an outside advisor upon
request . The part ies to the hearing are expected to ask and respond to questions on
the ir own behalf. witho ut representation by their advi sor. The advi sor may consult
with the advis ee quietly or in writing, or outside the hearing during breaks , but may
not speak on behalf of the advisee to the panel.
Hearings for possib le violations that occur near or after the end of an academic term
will be held immediately after the end of the term or during the swnmer , as needed ,
to meet tbe resolution timeline followed by the Co llege and remain with in the 60 -day
goal for resolution.

c. Hearing Procedures
Hearings will be convened , usually within one to two weeks of the completion of the
investigation , and will be conducted in privat e. The hearing pane l has the authority to hear
all collat eral misconduc t, meaning that it hears all allega tions of discrimination, hara ssment
and retaliation , but also may hear any additiona l alleged policy vio lations that have occurr ed
in concert with the discrimination , haras sment or retaliation , eve n though tho se collateral
allegations may not specifically fall withi n hearing panel juri sdiction . Accordingly ,
investigations should be conducted with as wide a scope as necessary .
Parti cipant s will include the non-voting case administrator , the three members of the panel ,
the investigator(s) who conducted the invest igation on the grievance , the party bringin g an
18

 investigation and responding party (is) (or three organizational repres entatives in a case
where an organization is charged), advisors to the parties and any called witnesses. The case
administrator will exchange the names of witnesses the College intends to call, all pertinent
documentary ev idence and any written findings from the investigators between the parties at
least two business days prior to the hearing . In addition, the parties will be given a list of the
names of eac h of the hearing panel members at least two bus iness ~ays in advance of the
hearing. Should eit her (any) party object to any panelist, he/she must raise-all objections, in
writing, to the case administrator immediat ely. Panel members will only be unseated if the
case administrator concludes that their bias preclude s an impartial hearing of the grievance.
Addi tionally , any panelist or case administrator who feels he/she canno t make an objective
determination must recuse himself or herself from the proceedings when notified of the
identity of the parties and all witnesses in advance of the hearing.
The case administrator, in consultation with the partie s and investigators, may decide in
advance of the hearing that certain witnesses do not need to be physically present if their
testimony can be adequately summarized by the invest igator(s ) during the hearing . All
testimonies summa rize d by the investigator if the witness is not present must be documented
and signe d by the said witness. A ll parties will have amp le opportunity to present facts and
arguments in full and que stion all present witnesses during the hearing, though formal cross examination is not used between the parties . If alterna tive questioning mechanisms are
desired (screens, Skype, questions directed through the Chair, etc.) , the parties should
request them from the Chair at least two business days prior to the hearing.
Once the procedures are explained and the participants are introd uced, the investigator will
present the report of the investigation first, and be subject to questioning by the parties and
the hearing panel. The investigator(s) will be present during the entire hearing process, but
will only be present during deliberations at the request of the Chair. The tindings of the
investigation are not binding on the panel , though any undisp uted conclusions of the
investigation report will not be revi sited, except as necessary to determine
sanctions/res pon sive actions. Once the investigato r{s) is/are questioned , the hearing panel
will permit questioning of and by the parties, and of any pre sent witness. Questions may be
directed thro ugh the panel at the discretion of the Chair.
Formal rules of evidence will not apply. Any evidence that the panel believes is relevant and
credible may be considered, including history and pattern evidence. Toe Chair will address
any evidentiary concerns prior to and/or during the hearing , may exclude irrelevant or
immaterial evidence and may ask the panel to disregard evidence lacking in credibility. The
Chair will determjne all questions of procedure and evidence. Anyone appearing at the
hearing to provide information will respond to questions on his/her own behalf
Unless the Chair determines it is appropriate 1 no one will present information or raise

19

 questions concerning: ( 1) incid ents not directly related to the possible viola1ion, unless they
show a pattern, or (2) the sexua l history of or the characte r of the vict im/party bringing a
grievance.
There will be no observers in the hearing . The Chair may allow witnesses who have
relevant information to appear at a portion of the hearing in order to respond to specific
questions from the panel or the parties inv.olved. The panel does. not hear from character
witnesses , but will accept up to two letters supporting the characte r of the inctividuals
involved.

Jn hearings involving more than one accused inclividual or in which two parties bringing an
investigation have accused the same individual of substantially similar conduct, the standa rd
procedure wil l be to hear the investigations jointly; however, the Title IX Advocate Team
may permit the hearing pertinent to each responding party to be conducted separately. In
joint hearings, separate determinations ofresponsib ility will be made for each responding
party.
Proceedings are private. All persons present at any time during the hearing are expected to
maintai n the privacy of the proceedings, subject to Wesley College consequences for failw-e
to do so. While the contents of the hearing are private , the parties have cliscretion to share
their own experiences if they so choose , and shoul d discuss doing so with their advisors .
Hearings are recorded for purposes of rev iew in the event of an appeal. Hearing panel
members, the parties and/or the persons who initiated the action , and appropriate
administrative officers of Wesley College will be allowed to listen to the recording in a
location determined by the Title IX Advocate Team or designee. No person will be given or
be allowed to make a copy of the recording without permiss ion of the Title [X
Coordinator /Gatekeeper . Per sons given access to the recordin g will be required to sign an
agreement confin ning that they will protect the privacy of the information containe d in the
recor ding . All recordings will be deleted 10 days after the conclus ion of the hearing or the
appeal process.
d . Decisions
The Hearing Pan el will deliberate in closed session to determine whether the responding
party is responsi ble or not responsible for the violation(s) in quest ion. The panel will base
its determination on a preponderance of the evide nce (i.e., whether i1 is more likely than not
that the accused individual commit1ed each alleged violation). If an individual responding
party or organizalion is found responsible by a majority of the pane!, the panel will
recommend appropriate sanctions to the Titl e IX Coordinator /Gatekeeper.
20

 The Panel Chair will prepare a written deliberation report and de liver it to the case
administrator, detailing the findings, how each member voted, the information cited by the
panel in support of its recommendation and any information the hearing panel excluded from
its consideration and why. The report should conclude with any recommended sanctions.
This report should not exceed two pages i:nlength and must be submitted to the Tit le IX
Coordinator /Gatekeeper within two (2) days of the end of deliberations.
The case administrator will inform the accused individual and the patty bringing an
investigation of the final determination within 2-3 business days of the hearing, without
significant time delay between notifications. Notification will be made in writing and may
be delivered by one or more of the following methods: in person ; mailed to the local or
permanent address of the parties as indicated in official Wesley College records ; or emailed
to the parties ' College-issued email account. Once mailed, emailed and(or received inperson , notice will be presumptively delivered.

e. Sanctions
Sanctions or responsive actions will be determined by the Hearing Panel. Factors cons idered
when determining a sanction /responsive action may include:
• The nature , severity of, and circumstances surrounding the violation

•
•
•
•
•

..

An individual's disciplinary history
Previous grievances or allegations involving similar conduct
Any other information deemed relevant by the Hearing Panel
The need for sanctions/responsive actions to bring an end to the discrimination ,
harassment and/or retaliation
The need for sanctions/responsive actions to prevent the future recurrence of
discrimination , harassment and/or retaliation
The need to remedy the effects of the discrimination , harassment and/or retaliation
on the victim and the community

I. Student Sanctions
The following are the usual sanctions that may be imposed upon stude nts or
organizations sing ly or in combination:
o

o

Verbal or Written Warning: A formal statement that the behavior was
unacceptable and a warning that further infracti ons of any Wesley College policy ,
procedure or directive will result in more severe sanctions /responsive actions.
Denied Access- Denial of the student 's right to be in specific areas of the campus
21

 o

o

o

o

o

o
o

or a specified perio d of time (i.e. exclusio n from a res idence ·hall , game room).
Terminat ion of the Hou sing Contract is not a ce nsure of denied access under this
prov1s1on.
Probation: A written repriman d for vio lation of the Code of Student Conduct.
providing for more severe disciplinary sanct ions in the even t that the.student or
organizatio n is found in violation of any Wesley Co llege policy, procedure or
directive within a specifie d period of time. Terms of the probation will be
specified and may incl ude denial of specified soc ial privileges, exclusio n from
co-cWTicular activities, non-contact orde rs and/or othe r measures deemed
appropriate.
Suspension: Termination of stude nt status for a definite period of time not to
exceed two years, and/ or until spec ific criteria are met. Students who return from
suspension are automa tically placed on probation thr ough the remainder pf their
tenure at College. This sanctio n will be noted as a Con duct Susp ension on t~e student 's offiGial tran script.
Expulsion : Permanent termination of stud ent status, revocation of rjghts to be on
campu s for any reaso n or attend College-spo nsored eve nts. This sanction will b e
noted as a Conduct Expu lsion on the stud ent 's official transcrip t.
Withholding Diploma. Th e Wesley Col.lege may with.hold a stu dent's diploma for
a specified period of time and/o r deny a studen t's parti cipa tion in commencemen t
activities if the studen t has a grievan ce pending, or as a sanction if the stu dent is
found responsible for a n alleged v iol ation _
Revocation of Degree. The Wesley Coll ege reserves the right to revoke a degree
awar ded from the Wesley College for fraud, mi srepresentation or other violation
of Wesley Co llege policies, proc edur es or directives in obtai nin g the degree , or
for othe r serious vio lations comm itt ed by a stu dent pri or to graduat ion.
Organ izational Sanctions. Deactivati on, de-recognition , loss of all privileges
(includin g registration), for a sp ecifi ed period ohime .
Other Actions: lo addition to or in place of the above sanctions, the Wes ley
College may assign a ny other sanctions as deemed appropriate.

ii. Employee Sanctions
Responsive actions for an employee who has engaged in harassment , djscrim ination
and/or retaliation include warning, requ ired counsehng , demotion , suspen sion with pay,
suspe nsion without pay and termination .

22

 f. Withdrawal or Resignatjon While Charges Pendin g
Students: The College doe s pennit a stude nt to withdraw if that student hasan investigation
pendin g for vio lation of the policy on Equal Opportunity , Hara ssment and
Nondiscriminat ion, or for charges under the Code of Student Cond uct. Should a student
decide to leave and not partic ipat e in the investigation and/or bearing, the process will
nonetheless proceed in the student's abse nce to a reaso nable resolution and that student will
not be perm itted to return to Wesley College unle ss all sanctions have been satisfied .
Employee s: Should an employee resign while charges are pending , tbe records of the Ti tle
IX Coordinator /Gatekeeper will reflect that status. The Ti tle IX Advocacy Team will act to
promptly and effec tiv ely remedy the effects of the conduct upon the victim and the
community.
g. Appeals

AU requests for appeal consideratio ns must be submitted in writing to the case
admi nistrator within three b11Sinessdays oftbe de livery of the w1itten findin g of the
Hearing Panel.

A three-member pan el lead by the Title IX Coordina tor/Gate keeper who was not
Invol ved in the investigation previously will consider all appea l requests. Any party n,ay
appeal, but appeals are limited to the foJlowing:
•

•

•

A procedural erro r or omission occurred that significan tly impacted the outcome
of the hearing (e.g. sub stantia ted bias, material deviation from estab lished
procedures, etc.) .
To consider new evidence , unknownor unavailable during the original hearing or
investigation, that could substantia lly impact the original finding or sanct ion. A
summary of this new evidence and its potential impact must be included.
The sanctions imposed are substantially disproportionate to the severity of the
violation [or better: The sanctions fall outside the range of sanctions the College bas
designated for this offense].

The case administrator will review the appeal request(s). The original finding and
sanction/ responsive actio ns will stand if the appeal is not timely or is not based on the
grounds listed above , and such a dec ision is fina l. When any party requests an appeal ,
the other party (parties) wi ll be notified and joined jn the appeal. The party requesting
appeal must show that the grounds for an appeal request have been me t, and the other
party or parties may show the gro unds have not been met , or that additi ona l grounds are
met. The origjna l finding and sanction are presumed to have been decided reasonably
and appropria tely.
23

 Where the case adm inistrator finds that at least one of the grounds is met , and proceeds,
additional principles governing the hearing of appeats include the following:
•

•

•

•

•
•

Appeal decisions by the panel are to be deferential to the original deci sion, making
changes to the finding only where there is clear error and to the sanction/responsive action only
i.fthere is a compelling justification to do so.
Appeals are not intended to be a full rehearing of the investigation. In most cases,
appeals are confined to a review of the written documentation or record of the original
hearing, and pertinent documentation regarding the grounds for appeal. Appeals granted
based on new evidence should nonnally be remanded to the original hearing panel for
reconsideration. Other appeals may be remanded at the discretion of the Title IX
Coordinator /Gatekeeper or heard by the three-member panel.
Sanctions imposed are implemented immediately unless the Title CXCoordinator /Gatekeeper
or designee stays their implementation in extraordinary crrcumstances, pending the outcome of
the appeal.
The Title IX Coordin ator/Gatekeeper will normally , after conferring with the appeals
panel, render a written decision on the appeal to all parties within 2-3 business days from
hearing of the appeal.
AU parties should be informed of whether the grounds for an appeal are accepted and the
results of the appeal decision .
Once an appeal is decided , the outcome is final: further appeals ate not permitted .

h. Failure to CompJete Sanctions/Comply with Responsive Actions

All responding parties are expected to comply with conduct sanctions /responsive /corrective
actions within the time frame specified by the Title IX Coordinator /Gatekeeper. Failure to
follow through on conduct sanctions/responsive /corrective actions by the date specifie d,
whether by refusal, neglect or any other reason, may result in additional
sanctions /responsive /corrective actions and/or suspension , expulsion and/or tennination
from the College and may be noted on a studen t' s officia l transcript. A suspension will only
be lifted when compliance is achieved to the satisfaction of the Title IX
Coordinator/Gatekeeper.
i. Records

In implementing thjs policy, records of alJ investigations , resolutions , ll!ld hearing s will be
kept by in the Student Affairs ' Office.

j. Statement of the Rights of a Party Bringing an Investigation
•

To be treated with respect by Wesley College officials .
24

 •

•
•
•
•
•
•
•

•
•
•
•

To take advantage of campus support resources (such as Counse ling & Psycholo gical
Services, the Office of the Chaplains, and Wesl ey Co llege Health Services for
stu dent s).
To experie nce a safe living , educa tional and work environm ent.
To hav e an advisor during this process.
To refuse to have an allegation resolved through co nflict resol ution pro cedures.
To re ceive amnesty for min or student miscon duct (such as alcohol or drug
violations) that is ancillary to the incident.
To be free from retaliation.
To have investiga tions heard in substantial accordance with these pro cedures .
To full partic ipation of the injured party in any bearin g process whether the injured
party is serving as the party bringing an inves tigatio n or the College is serving as
party bringing an inves tigation.
To be informed in writing of the outcom e/resolution of the investigation, sanction s
where permiss ible and the rati onale for the outcome where permissible.
Refer to law enfo rcement and have assistance.
Housing and livin g acco mmodations.
No contacts.

k. State ment of the Rights of tbe Re sponding Party
•
•

•
•
•
•

To be treated with respect by Wesley Co llege officia ls.
To take advanta ge of campu s support resources (suoh as Counseling & Psycho logical
Serv ices, the Office of the Chaplains, and Wesl ey College Health Serv ices for
stude nts).
To have an advisor during this proces s.
To r efuse to have an allegation resolve d through conflict resolution pro cedure s.
To have an investigation heard in substant ial accordanc e with these procedures.
To be informed of the outcome/reso lution of the grievance and the rat ionale for the
outcome, in writing.

8. Revision
These policies and procedures will be rev iewed and updated annually by the Title IX
Coor dinati on Team. The Title IX Advocate Team may make minor modifications to
procedure that do not materially jeopardize the fairness owed to any party . However, the
Title IX Advocate Team may also vary procedures materially with notice (on the
institut ional web site, with appropriate date of effect identifi ed) up on determining that
changes to law or regulatio n require policy or procedural alterations not reflected in this
policy and procedure. Procedures in effect at the time of its implementation w ill apply.
25

 Policy in effect at the time of the offense will apply even if the policy is changed
subsequently , unless the parties consent to be bound by the current policy.

This policy and procedure was implemented in June 2016.

"

26

  

 

 

Wesley College
Title IX Policy

Updated: February 20 

 

 

 

 

 

 

(

)

POLICY AND PROC EDURES: Equal Oppor tunity, Harassment
and Nondisc riminat ion
Wesley College affinns its commitment to promote the goals of fairness and equity in all
aspects of the educational enterprise. AII po licies below are subject to resolution using the
Wesle y College's Equity Process . The Equity Process is applicable regard less of the statu s
o f the parties invo lved, who may be members or non-members of the campus community ,
student s, studen t organizations , facu lty , administrators and/or staff The Collcgl'. rest..-r
,·e~
tilt: right to net n n inc ident s occurrin g un-campus or off.c ampu s, when th e off-camp us
conduct could have an nn-c.impus impact nr impnct o n the eclucatinnal rnissi,in n f the
C'ul lcgc .

Dean Wanda Anderson serves as the Coordinator / Gatekeeper and oversees implementati on
of the College 's policy on equal opportunity , harassmen t and nondiscrimination. Reports of
di scriminat ion, harassment and/or retalia tion should be made to the Title IX Coordination
Team promptly , but there is no time limitation on the tili ng of a complaint , as long as the
accused individual remains subject to the Co llege's jurisdiction. All repo rts are acted upon
promptly wh ile every effort is made by the College to preserve the privacy of report s.
Reporting is addressed more specifically on p . 11, Secti on 7. Reports of discrimination by a
member of the Title IX Coordination Team should be reported to the College President.
Robert Clark I.I at (302) 736-250 8.
Thi s policy applies to behaviors ttiat take place on the campus, at co llege-sponsored events
and may also apply off-campus and to actions online when the Title IX Coordinat ion Team
determines that the off-campus conduct affects a substantial Wesley College intere st. A
substantial Wesley Co llege interest is defined to include:
a) Any action that constitu tes criminal offense as defined by federa l or the State .of
De laware law. This includes, but is not limited to , single or repeat violat ions of
any local, state or federal Jaw committed in the municipa lity where the College is
located ;
b) Any situation where it appears that the accused individ ual may present a danger
or threat to the health or safety of self or others ;
c) Any situation that significantly imp inges upon the rights , property or
achievements of self or others or significantly breaches the peace and/or causes
social disorder ; and/or
d) Any situation that is detr imental to the ed ucational inte rests of the College.
1

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Any onli ne postings or other electron ic commu nication by students, including cybe rbullying, cyber-stalk ing, cyber-harassment, etc. occurring complete ly outside of the
University /College ' s contro l (e.g. not on Wesley College networks, websites or between
Wesley College email accounts) will only be subj ect to this policy when those online
behaviors can be shown to cause a substanti al on-campus disruption. Otherwise, such
communications are considered speech protected by the Ist Amendment.
Off-campus discriminatory or harassing speech by employees may be regulated by the
College only when such speech is made in an employee's officia l or work-related capacity .
Inquiries about this policy and procedure may be made internally to Title IX Coordination
Team:
Dean Wanda Anderson
Coordinator /Gatekeeper
(302) 736- 2443
Email: Wanda .Anderson @wesley.edu

Melissa Elliott
Centra l Coordinator for Student Conduct and
Sexual Assault
(302) 736- 2586
Ema il: Melissa.Elliott @wesley.edu

Dr . Karen Panunto

Renee McGlothlin
Title IX Educator/ Investigator
(302) 736-2585
Emai l: Renee.McGlothlin @wesley.edu

Central Coo rdinator for Anti-Harassment
(302) 736-251 l
Email: Karen.Panu nto@wesley.e du
Brian Belcher
Central Coordinator for Disab ility Support
(302) 736-2739
Email: Brian.Belcher @wesley.edu

v · Tracey

Short
Cen tral Coordinator for Athletic Compliance
(30 2) 736-2535
Email: Tracey.Short @wesley.edu

Walt Beaupre
Investigator
(302) 736-2436
Email: Walt.Beaupre @wesley.edu

Edward Frank lin
Alcohol Education and Programm ing
(302) 736-2342
Email: Edward.Franklin @wesley.edu

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Inquiries may be made externally to:
Office for Civil Rights (OCR)
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-1100?
Customer Service Hotline # : (800) 42 1-3481
Fal:simile: (202) 453-6012
TDD #: (877) 521-2172
Email: ()("R te/ ed .!..!.1n
·
Web: hrtp: \·VV,\Y.cd .!! 1) v ,oc r

Equal Employment Opportunity Commission (EEOC)
Contact: http: 1rwww.ceoc.gov /contact/

I. Wesley College Policy on Nondiscrimination

Wesley College adheres to all federal and state civil rights laws banning discrimination in
private instltut ions of higher education. Wesley College has a zero toleran ce for
discrimination against any ·employee ~ applicant for employment , student or applicant for
admission on the basi s of race, religion , hearing status , personal appearance, color, sex,
pregnancy, political affiliation , source of income , place of business , residence, religion ,
creed, ethnicity, national origin (including ancestry) , citizenship status, physical or mental
disability, age, marital statu s, family responsibilities, sexual orientation, gender, gender
identity , veteran or military status (including spec ial disabled veteran, Vietnam-era veteran,
or recently separated veteran), predisposing genetic characteristics , domestic vio lence victim
status or any other protected category under applicable local, state or federal law , including
protections for those opposing discrimination or participating in any investigation process
on campus or within the Equal Employment Opportunity Commission or other human rights
agencies.
This policy covers nondiscrimination in employment and in access to educa tional
opportuni ties . Therefore, any member of the campus community, guest or visitor who acts
to deny , deprive or limit the educationa l, employme nt , residential and/or soc ial access ,
benefi ts and/or opportun ities of any member of the campus commun ity on the basis of their
actual or perceived membership in the protected cl'asses listed above is in violat ion of the
College policy on nondiscrimination. When brought to the attention of the College, any

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s uch discrimination
pro cedures below.

will be appropriately remedied by the College acco rding to the

2. Wesley Co llege Policy on Acco mmodation of Disab iliti es
Wesley Co lle ge is committed to full compliance with the Americans with Disabilities
Act of 1990 (ADA) and Section 504 of the Rehabilitation Act of 1973, which prohibit
discrimination against qualified persons wit h disabilities , as well as other federal and
sta te laws pertaining to individuals with disabilities. Unde r the ADA and its
ame ndm ents, a person has a disability if he or she has a physical or mental impairment
that substantially limits a major life activity. The ADA also protects individuals who
have a recor d of a substantially limiting impairment or who are regarded as di sabled by
the institution whethe r qualified or not. A substantial impairment is one that
significa ntl y limits orr-estricts a major life activity such as hearing , see ing , speaking.
breathing, performing manual tasks , wa lking or caring for onese lf.
The Director of Hum an Reso urces has been designated as the ADN504 Coordinator
responsible for coo rdinat ing efforts to comp ly with these disability law s, including
investiga tion of any allegations of noncompliance.

a. Stude nts with Disab iliti es
We sley Co1Iege is committed to providing qualified students with disabilities with
reasonable accommoda tion s and suppo rt needed to ensure equa l acce ss to the academic
program s and activities of the College.
All accommodat ions are made on a case-by-case basis. A student reque sting any
accommodation should first co ntact the Disabilities Support Services Coo rdin ator who
coo rdinates services for students with disabilities. The coo rdinator reviews
documentation provided by the stu dent and , in cons ult ation with the student , determine s
which accommoda tions are appro priat e to the student's particular needs and academic
progr ams .

b. Empl oyees with Disa biliti es
Pursuant to the ADA , Wesley College will provide reasonabl .e accommodation( s) to all
qualified employees with known disabilities, where their disability affects the perfonnance
of their essential job functions, except where doing so wou ld be unduly disruptive or would
res ult in undue hard ship.
An employee wi th a disability is respons ible for requesting an accommodat ion in wriling to
Bum an Reso urces and provide appropriate documentation . Hum an Resources will work
4

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with the employee's supervisor to identify which essential functions of the position are
affected by the employee's disab ility and what reasonable accommodations could enable the
employee to perfotm those duties.
3. Wesley CoUege PoJicy on Disc.rimina tory Harassment

Students, staff, administrators, and faculty are entitled to a working environment and
educational environment free of discriminatory harassment. Wesley College's harassment
policy is not meant to inhibit or prohibit educational content or discus sions inside or outside
of the classroom that include ge11nane,but controversial or sensitive subject matters
protected by academic freedom. The sections below describe the specific forms of legally
prohibited harassment that are also prohibited under the College's policy.
a. Discrim inatory and Bias-Related Harassment

Harassmen t constitutes a fonn of discrimination that is prohibited by law. Wesley College
will remedy all forms of harassment when reported, whether or not the harassmen t rises to
the level of creating a hostile environment. When harassment rises to the I.eve!of creating a
hostile environment, the College may also impose sanctions on the harasser . Wesley
College's harassment policy explicitly prohib its any fonn of harassment , defined as
unwelcome conduct on the basis of actua l or perceived membership in a protected class, by
any member or group of the community .
A hostile environment may be created by oral, written , graphic , or physica l conduct that is
sufficiently severe, persistent/pervasive and objec tively offensive that it interferes with ,
limits or denies the ability of an individua l to pai1icipate in or benefit from educational
programs or activities or employment access, benefits or opportunities.
Offensive conduct and/or harassment that does not rise to the level of discrimination or that
is of a generic nature not on the basis of a protecte d status may not result in the imposition of
discipline under the College's policy , but will be addressed through civil confrontation,
remedial actions, and education and/or effective conflict resolution mechanisms. For
assistance with confl ict resolution techniques, employees should contact the Director of
Human Resources and students should contact the Dean of Students.
The College condemns and will not tolerate discriminatory harassment against any
employee, student, visitor or guest on the basis of any status protected by college policy or
law.
b. Sexua l Harass ment

Both the Equal Employment Opportun ity Commi ssion and the State of Delaware regard
sexual harassment as a form of sex/gender discrimination and, therefore , as an unlawful
discriminatory practice. Wesley College has adopted the following definition of sexual
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haras sment, in order to address the special env ironm ent of an academi c communit y, which
consists not only of employer and employees, but of student s as well.
Sex ual harassment is:
•

Unwelc ome, sex ual or gender-ba sed verbal, written, onJine and/or phys ical conduct.

Anyone experiencing sexual harassment in any Co llege program is encouraged to rep ort it
immediately to the Co llege's Title IX Coordina tion Tea m.
Sexua l harassment create s a hostile environme nt, and may be discip lined when it is:
•

suffici ently severe, persistent/perva sive and objectively off ensive that it,
o has the effect of unreasonably interfering with , denying or limiting
employment opportuniti es or the ability to parti cipate in or benefit from the
university's educational, soc ial and/or res identi al progr am , and is
o Based on power differentials (quid pro quo), the creation of a ho stile
env ironment or retaliati on.

POLICY EX PECTAT IONS WITH RESP ECT TO CONS ENSUAL RELATION S HIPS
The re are inherent risks in any romantic or sexual relationship between individuals in
unequal positions (such as faculty and student , supervi sor and employee). These
relationships may be less consensual than perceived by the individual whose position
confers power. The relationship also may be viewed in different ways by each of the pani es.
particularly in retrospect. Furthermor e, circum stance s may change , and condu ct that was
pre viously we lcome may become unwelcome. Even when both parties have co nsented at the
outset to a romantic or se xua l invo lveme nt, this past consent may not remove grounds for a
later charge of a violatio n of applic ab le sec tion s of this polic y. Wesley Co llege does not
wi sh to interfere with private choices regard ing personal relationshjp s when these
relation ships do not interfere with the go als and policies of the College. For the persona l
protection of members of this communit y, relationships in which powe r differentials arc
inherent (facu lty-student, staff- student , administra tor-s tudent) are genera lly disco uraged.
Consens ual romantic or sex ual relat ions hips in which one part y maintain s a direct
superviso ry or evaluative role over the other party are unethica l. Therefore. perso ns with
direct superv isory or eva luative responsibilitie s who are involved in such rel atio nships must
bring those relationships to the timely attention of their supervi sor, and wi ll likely result in
th e necessity to rem ove the emp loyee from the supervi sory or eva luativ e responsi bilitie s. or
shift a part y out of being supervised or evaluated by someone with whom they have
established a conse nsual relationsh ip. This includes RAs and stude nts ove r whom they have
6

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direct responsibility. While no relationships are prohibited by this pol icy, failure to selfreport such relationships to a superv isor as required can result in discip linary action for an
employee.

c. Sexual Misconduct
State law _pefi!les various violent and/or no n-consensual sexual acts as crimes. Additionally ,
Wesley College has defined categories of sexual misconduct , as stated below , for which
action under this policy may be imposed. Gene rally speaking, Wesley College considers
Non-Consensual Sexual Intercourse vio lations to be the most serious, and therefore typically
imposes the most severe sanctions, including suspension or expulsion for students and
tennination for employees. However , Wesley College reserves the right to impose any level
of sa nction, ranging from a reprimand up to and including suspension or
expuls ion/termination, for any act of sexual misconduct or other gender-based offenses,
including intima te partner or relationship (dating and/or domes tic) violence, non-consensual
sexua l contact and stalking based on the facts and circumstances of the partrcular
invest igation. Acts of sex ual misco nduct may be committed by any person upon any other
perso n , regardless of the sex, gende r. sexual orientation and/or gender identity of those
involved. Violations include:

i.
ii.

Sex ual Harassment (as defined in section b above)
Non-Consensual Sexual Intercourse
Defined as:
•
•
•

any sexual penetration or intercourse (anal 1 oral or v:aginal)
however slight
with any object

•

by a person upon another person

•

that is without consent and/or by force

Sexual penetration includes vagina l or anal penetration by a pen is, tongue, finger or
object, or oral copulation by mouth to genital contact or genita l to mouth contact.

iii.

Non-Consensual Sexual Contact
Defined as:
•
•

any intentional sexua l touchi ng
however slight

•

with any object
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•
•

by a person upon another person
that is without consent and/or by force

Sexua l touchi ng includes any bodily contact with the breasts , groin, genitals , mout h
or other bodily orifice of another individual , or any other bodily contact in a sexual
manner.

,
iv.

Sexua l Exploitation
Sex ual Exploitation refers to a situation in which a person takes non -consensua l or
i.ibusive sexual advantage of another, and situations in w hich the conduct doe s not
fall within the definition s of Sexual Harassment, Non-Consens ual Sexual Intercourse
or Non-Consensual Sexual Contact. Examples of sexual exploitation include , but are
not limited to: ~
•
•

•
•

v.

Sexual voy eurism (such as watching a person undressing, using the bathroom or
engaged in sexual acts without the consent of the person observed)
Taking pictures or video or audio recording another in a sexua l act, or in any
other private activity without the consent of all involved in the activity, or
exceeding the boundaries of consen t (such as allow ing another person to hide in a
closet and observe sexual activ ity, or disseminating sexual pictures without the
photographed person's consen t)
Prostitution
Sexual exploitation also includes engaging in sexual activity with another person
while knowingly infected with human immunodeficiency virus (HIV) or other
sexually transmitted disease (STD) and without informing the other person of the
infection , and further includes adm inistering alcohol or drugs (such as "da te
rape" drugs) to another person without his or her knowledge or consent

Consent'
Consent is knowing , voluntary and clear pennission by word or action, to engage in
mutually agreed upon se xual activity. Since individuals may experience the same
interaction in different ways , it is the responsibility of each party to make certain that

The state definition of consent is a minor (meamng a person under the age of Ib yearsJ cannot consent 10 sexual act1v11y.This
means that sexual contact by an adult with a person younger than 16 ye-~rsold is a cnme , as well as a violation of this policy, even
if the minor wanted to engage in the act. Any pc:rsonafter said age, wi1hlegal capacity, not under force or duress. may give legal
consent to sexual contact. (Del. Code Ann. tit 11 ~ 761) Which is applicable to criminal prosecutions for sex offenses ,n Delaware.
used on campus to address policy violations.
bu( may differ from the definiti<i>n

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the other has consented before engagi ng in the activity. For consent to be valid. there
must be a clear ex pression in words or actions that the other ind ividua l consented to
that specific sexual conduct .

A person cannot consent if he or she is una ble to understand what is happening or is
disoriented , helpless , asleep or unconscious for any reason, including due to alco hol
or other drugs. An indivi<4tal ~ ho,.engages in sexual act ivi ty w hen the individ ual
knows, or should know, that the other person is physica lly or me ntally incapacitated
has violated this policy.

It is not an excuse that the individual resp onding party of sex ual mi sco nduct was
intox icated and, ther efo re , did not realize the incapac ity of the other.
Incapa ci tation is defined as a state where someone cannot make rationa l, reasonable
decisions beca use they lack the capacity to give knowing consent (e.g., to understand
the '·who, what. wh en, where, why or how " of their sex ual interaction) . This po licy
also cove r s a person who se incapaci ty resul ts from men tal disability , involuntary
physica l restraint and/ or from the taking of incapacitat ing drugs.
Co nsent to some sexua l co ntact (such as kissing or fond ling) can not be presumed to
be consent for ot her sexua l activity (suc h as intercou rse). A curren t or previous
dating relationship is not sufficient to cons titute conse nt. The ex istence of consent is
based on the totality of the circumstances, inc ludi ng the con text in which the alleged
incident occurred and any sim ilar previo u s patterns that may be evidenced . Silence or
the absence of res istance alone is not consent. A person can withdraw consent at any
time during sex ual activtty by expressing in words or actions that he or she no longer
want s the act to continue, and, if that happens , th e othe r person m ust stop
immediately.
ln Delaware State, a m ino r (meaning a person under the age of 16 yea rs) cannot
co nsent to sex ual act ivity. This means that sexual contact by an adult with a person
yo unger than 16 yea rs old is a crime, as well as a violation of th is policy , even if the
minor wanted to engage in the act.

4. Other Civil lli ghts Offenses, When the Act is Based upon the Status of a Protected
Class
•

Threatening or causing physical harm , extreme verbaJ abuse or ot her conduct which
threatens or endange rs the hea lth or safety of any person on the bas is of the ir actua l or
perceived member s hip in a protected class
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(

)

•

Discrimination, defined as act ions that deprive other members of the community of
educati onal or emp loyment access, benefits or opportu nities on the basis of their actual
or perceived member ship in a protected class

•

intim idatio n, defined as implied threats or acts that cause an unrea sona ble fear of harm
in another on the basis of actual o_rperceived membership in a protected class
Hazing, defin ed as acts likely to cause physicaJ or psychological h arm or soc ial
ostracism to any person within U1eWesfoy College_com munity , when related to the
admission. initiation , pledging , joining , or any other group-affi liation activity (as defined
further in the hazing policy) on the basis of actual or perceived membership in a
protected class; hazing is also illegal under the State of Delaware law and prohibited by
Wesley College.

•

•

Bullying, defined as repeated and/or severe aggressive behavior likely to intimida te or
intentionally hurt , contro l or diminish another p erson, physically or menta lly on the basis
of actual or pe rceived membership in a protec ted class

•

Violence between those in an intim ate relationship to each other on the basis of actua l or
perceived membership in a protected class {this includes rom ant ic relationshi ps, dati ng,
2
domestic and/o r relatio nship violence/

•

Sta lkin g4,defined as a course of conduct directed at a specific person on the basis of
actual or perceived membership in a protected class that is unw elcome and would cause
a reasonable person to feel feal

2

The stale definftion of domestic violence is violence can be physkaL sexual, emotional, economic, or psycholog ical actions o r

threats of actio ns that influence another person. Domestic violence lncl udes, but Is not limited to, act ual or potential physical
injury or harm, se xual abuse or threats of physical infury or harm, or sexual abuse against a person with a past or present
int1mate relationship such as marriage, dating, family, friends or cohabitatio n. Del. Code Ann . tlt 11 § l312(a)
Which is applicable to criminal prosecutions for domes tic viole.nce in DE, but may differ from the definition used on campus to
address po licy violations.
3

•
•
4

Emp loyee A has been in an intimate relationship wirh Employee B forover a year; Employee A punches Employee B in the
face during an argument (Datin,g Violence).
Stud.:nt A has been in an intimate relationship wirh Student B for over a yea r; Students A & B live together. Du-nng an
argument. Sntdent A shoves Student Bro the gro und (Domestic Violence) .
fhe state defin ition of stalking 1s a person is guilty of stalking when the person knowin gly engages in a course of conduct

directed at a specific person. Which is applicable to criminal prosecurions for sta lking in DE. but may differ from thedefinirion
used on CHmpus to address policy viola_tions.
5

•

•

Employee A recently ended an inti mate relauonsh1p with Employee B. For the past three wee ks, B has been sendin g A 100
text messages per day and waits by A ·sca r ar the end of each day to beg and plead with her ro take him back. When she
refuses , he loses control. makes threatening gestures , and rells her she will regret this. Emp loyee A indicates she is fearful of
what B might do to her (Sta lking).
Mark ts a stude nt on campus who has a lways been fascinated by women who dye their hair. One day, he notices Marylou .
whose hair is dyed a very bright purple. He follows her home to see where she lives, and begins lo track her history , actions
and movements online . His fascination inc reases to rhe point where he follows her frequently on campus , takes pictures of
her without her permission, and spies through her window at night wirh a long-ra nge camera lens. He wanrs ro have her
beautiful purple hair for his own, so that he can stroke it whene ver he wanrs.

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•

Any othe r Wesley College rules, when a violation is motivated by the actual or perceived
membership of the victim [on the basis of sex or gende r or in a prot ected class], may be
pursued using this polic y and process.

Sanctions for the above -listed "Other Civi l Rights Behaviors" behaviors range !Tom
reprimand up through and includ ing expulsion (students) or tennination of employment.
S. Retaliation
Retaliation is defined as any adve rse action taken again st a perso n participatin g in a
protecte d activity because of their partic ipation in that protected activity. Retaliation against
an individual for allegj ng harassment , supporting a party bringing an invest igation or for
assis ting in providing inform ation relevant to a c_Iaimof harassment is a serious violation of
Wesley College policy and will be treated as anot her possible instance of harassment or
discrimi natio n. Acts of alleged retaliatio n should be reported immediat ely to the Titl e IX
Coord ination Team and will be promptl y investigated. Wesley College is prepared to take
appro priat e steps to protect individu als who fear that they may be subjected to retaliation.
6. Remedia l Action
Wesley College wi ll implem ent initia l remedial and responsive and/or protectiv e actions
upon notice of alleged harass ment , retaliat ion and/o r discrimin ation. Such actions cou ld
include but are not limited to: no contact orders, providing counse ling and/or medial
services. academ ic support , living arrangemen t adju stments , providin g a campus escort ,
academic or work schedule and assign ment acco mmodations, safety planning, referral to
cam pus and communit y supp ort resources.
Wesley College will take additiona l prompt remedial and/or disciplina ry action with respect
to any member of the commu nity, guest or visitor wh o has been found to engage in
harass ing or discriminatory behavior or retaliation. Procedures for handling reported
inciden ts are fully described below. Deliberately false and/or malici ous accusation s of
harassment , as oppo sed to an investigation which. even if erroneous, are made in good faith,
are j ust as serious an offense as harassment and will be subject to appropriate disci plinar y
action.
7. Confid entiality and Report ing of Offenses under This Policy
Wesley College of ficials, dependin g on their roles at the College, have vary ing reporting
respons ibilities and abilitie s to maint ain confidentiali ty. In order to make informed choice s,
one should be awar e of confidentialit y and mandatory reportin g requireme nts when
cons ulting cam pus resources. On cam pus, some resources may maintain confiden tiality.
offering options and advice without any obligation to infonn an outside agency or individual
unless you have reque sted infonnati on to be shared . Other resources exist for you to repo rt
11

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crimes and policy violatio ns and these resources will take action when you report
victimizatio n to them. Most resources on campus fall in the middle of these two extremes;
neither the College, nor the law, requires them to divulge private informatio n that is shared
with them, except in rare circumstances. The foJlowing describes the two reporting options
at College: ·

a. Confidential Reporting
lf a reporting party would Tike the details of an inc ident to be kept confidential, the reporting
party may speak with off-campu s local rape crisis counselors. domestic violence resources ,
local or state assistance agencies, [or on or off-campus members of the clergy /chapla ins]
who will maintain confidentiality except in extreme cases of immediacy of threat or danger
or abuse of a minor. Campus counselo rs [and/or the Employee Assistance Program] are
ava ilable to help free of charge and can be seen on an emergency basis during normal
business hours. These employees wilt submit anonymous statist ical information for Clery
Act purposes unless they believe it wou ld be hannful to their client, patient or parishioner.

b. Formal Reporting Options
Alleging party bringing an inve stigat ion forward are encouraged to speak to Wesley College
Title lX Coordinat ion Team to make formal reports of incidents of sexua l misconduct. The
alleging party bringing an investigation forward has the right , and can expect, to have the
incident taken serious ly by the Co llege whe n formally reported, and to have tho se incidents
investigated and properly resolved through these procedures . Formal reporting sti ll affor ds
privacy to the reporter. and only a stna ll group of officials who need to know will be told.
Information will be shared as necessary with investigators , witnesses and the responding
party. The circle of people with this knowledge will be kept as tight as possible to preserve
the individual' s right s and privacy.

8. Federal Timely Warning ObLigations
Victims of sex ual misco nduct should be aware that Wesley College administrators must
issue timely warnings for incidents reported to them tha t pose a substan tial threat of bodi ly
hann or danger to members of the campus community. The College will make every effort
to en sure that a victim's name and other identifying information is not disclosed, while still
providing enough information for community members to make safety decisions in light of
the potential danger.

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EQUITY PROCESS FOR RESOLVING INVESTIGATIONS
OF HARASSMENT ~SEXUAL MISCONDUCT AND OTHER
FORMS OF DISCRIMINATION
Wesley C\11lege will ad on uny fonnal or infonnnl invcstig:ition or notice t)fv iolation of the
polity <in Equal Opportunit y. Harassment and No11discrimi11atinn.that i~ received by Title
IX Coordination Team.
The procedures described below wHI apply to all investigations involvi ng students, sta ff or
faculty members. Redress and requests for respon sive actions for inves tigations brought
involving non-members of the community are also covered by these procedure s.
1. Title IX Coordinntion Te am

Mcmhtrs of t he C()Ordination Team are announced in an annual distiibution of this' pol icy

t()

campus stuff cum.mt students and faculty members. The list of members and a d1.:
sc1iptio n
of ihc. p;rnel c;in be founJ at www.wesley.edu. Mcmbi::rs of the Coordination Team an.:
trained in all aspect s of the investigation process. anc.lcan se rve in o f th~ following roles. .it
the direction of the Title IX Coordinator/Gatekeeper:
• To provide sensitive intake and initial counseling of investigat ions

• fo serve in c1 mediation role in conflict resolution
• To investigate t'rn111al
and informal reports
• To uct as advisors to those involved in investigation
• To serve on hearing panels for investigations
• fo serve on appeal panels tc)r investigat ions
Coordination Team members also recommend proactive po licies, and serve in an edu cati, ·e
role for the community. The Title IX Coord inator/Gatekeeper appoints the panel. The pand
t:onsists of faculty and non-foculty employees. Coordination Team members receive annual
training organized by t he Title IX Coordinator/Gatekeeper, including a review of Wesley
College policie s and procedure s, so that they are able to provide accurate infonnati on to
members of the community. All Coordination members' are required to attend this annual
trainjng.
Hearing member s arc usually appointed to three-year terms. Appointments to lhc I Icaring
Panel shoutd be made with attention to representation of groups protected by the haras::;ment
und non-discrimination polit:y. Individual s who arc interested in serving on the Hearing
Panel arc encouraged to contact the Title lX Coordinator/Gatekeeper.

13

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l )

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2. Filing an in vcstigation

Any member of the community. guest or visitor who believes that the policy on Equal
Opportunity, Harassment and Nondiscrimination has been violated shou ld contact a mcrnbcr
nf the Title IX Coordination Team. It is also possible for employees Lo notify a supervisor.
t)r for students to notify an administrative advisor or faculty member, or nny member of the
c;nmmunity mny contact Campus Police/Public Satety. These individuals will in turn notify
Lhc Title IX C'nnrdinntion Team.
:\II c1nployees receiving reports of J potential violation of Wesley C'olkg,c pnlicy :1rc
1.:xpet:tcdto promptl y contact the Title IX Coordinator /Gatekeep er. within 24 hours or
becoming aware of a report or incident. All initial contacts will he treateJ with the
maximum pos:;ible privacy: specific inl<..m11ationon any inve:-tigation recei ved by uny pa11y
will be reported to the Title IX Coordinator /Gatekeepe r, but, su bject to the Colkgc ·s
oh ligation t{) redress violations. every effbrt will be made to maintain the priva{:y of those
initiating n report of an investigation. ln all cuses. Wesley College will give consideration
to the purty bringing an investigation with respect lo how the invest igation is pursm:d, but
reserves the right. when necessat-y to protect the community , to investigate and pursue a
reso lution when an alleged victim chooses not to initiate or partidpate in u forma l
i nvestigaticm.
3. ln\ es tigation Intak e
Follmvi ng receipt of notice or an investigation. the Title IX Coordinator / Gatek eeper will,
promptly ns$ign a Title IX Coord .ination Team member to work as advisor to the perso n whn
reported the ,incident. Normally, within two business days. an initial determination is made
whether a pl>licy violation may have occu1Te<land/or whether conflict res1.1lutionmight he
appropriate . l f the incident does not appear to allege a policy violatio n or if conflict
n..:s
olution is desired by the alleging party and appears appropriate given tht: nature of the
alleged hchaYior, then the investiga tion docs not proceed.

A full investigation will necessari ly be pursued if there is evidence of a pattern of
mi~conJuct or a perceived threat of further ham, to the community or any of its mumh1:rs .
The College aims to comple te all investigations within a 60 business day time period, which ·
can be extended as necessary for appropriate cause by the Title 'IX Coordinalion T 1.:amwith
notice to the parties.

4. lnvc s-tigution

1f a party bringing an investigation wishes

t1)

pursue a formal investigation or if rhc C\1llcgc.
14

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)

hascd on the ulle gcd policy viola tion, wishes to pursue a ti..
mna1 in ve~tigalion. then the Title
IX Coo rdinat or/Gatekee per appoint!) a T itle IX Ce ntral Coordinato r to conduct the
in ves tigatio n. usually within t wo bus iness days of dctennining that an invc:stigatii.Jn
grievance should proceed. lnvcs tigations of incident s brought dir ectly b y those alleging
harm sho uld be completed exped itio usly, nonna lly wit hin IO busine ss days of not ice to the
Tit le IX Coordinator /Gatek eeper. Inve stigation ma y take longer whc:n initial inter v iews fail
t<1pro, ide tlin.:ct tirst-h ancl infnnnatinn. The Co llege may undt:rtak e a sho rt dela y (.i-1 O
days, tn ullnw ev idence collei..:tinn) when crim inal chnrge s on the basis of the sa me
beha, i0rs that invnke thfs proc ess are being investigated. Wesley Colleg e action will not he
altered or predu ded nn the grounds that civil or crimina l ~hargc s involving the same
incident ha, ·e bt:cn tiled or tha t d1ar gcs have he en di smissed or reduced. All investiga tions
will he thoroug h. reliable and imp:.11iiaLand will en tail intt!rv icw s wit h nil relevam parties
and w itne sses . ob tainin g avai lab le ev idence and identi( ving sourc es of expert info rm ation . if
necessa ry.

5. Interim Remedies

Ir. in the ju dgm ent of tbe Title IX Coordinator /Gateke eper , the safe ty or well-being of uny
membcr(s ) of the i..:ampuscom munit y may be jeopardi ze d by the pr esence on- campus o f the

acl:used individual or the ongoi ng activity of a stud ent organiza .t ion whose beha vior is in
qu est io n, the Title IX Coo rdinator /Ga tekeeper (or de sig nee) ma y pro v ide interim remedie s
intended to address the sho rt-tenn effects of hara ss ment , discriminati on and /or retali atio n ,
i.e., to redr ess harm to the alleged victim and th e community and to preve nt further
violations. The se remed ies may include referral to counse ling and health services or to
ed ucation to the community, altering the hou sing situati on of an accused student or resid ent
emp loyee (or the alleged vict im , if des-ired) , altering work arrangem en ts for employees,
provid in g campu s esco rts , implementing contact limitation s between th e parties , offering
adjustments to academic deadline s, course schedules, etc.
The College may interim suspend a student , emp loyee or orga nization pe nding the
~ompletion nfTitle IX Cen tra l Coo rdin ato rs inves tigatio n and pro<.:edures. In all cases in
which an interim suspension is imp osed, the student , 0mp loyee or stmlent orgunizatio n will
be g ive n the opportunity to mee t with the Tit le IX Coordinator /Gateke eper pri or to such
suspe nsion being impo sed, or as st1nn there af ter as reasonably po ss ible, to s how why tl1e
suspensio n s ho uld not be impl emented. The appropriate admini str ative office r or T itle l.
Coordinator /Gatekeeper has di si.;reti on to impl ement or stay an interim suspen sion under the
poli<.:y on Equa l Opportunit y, Hara ssment and Nondiscrimination , and to de tem1ine its
cn nditi0 n~ and duration. Violatio n of an interim s uspensio n und er this polic y will he
grnu mls for cxp ulsi(m or terminati o n.

15

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During an interim suspension or administrative leave, a student or emp loyee may be denied
access to Wesley Col1ege housing and/or the College campus/facilities/eve nts. As
detennined by the appropriate administrat ive officer or Tit le lX Coordinat ion Team this
restriction includes classes and/or all other College activitjes or privileges for which the
student might otherwise be eligible. At the discretion of the appropria te administrative
officer or Title l X Coordination Team , alterna tive coursework.options may be pursued to
ensure as minimal an impact as possible on the accu~ed student.

o.

Inves tiga tion Reso lu tio n

During or upon the C()mpldio n of invcstigutinn, the investigators will meet with the Title IX
Coordimrt1on Team. Bn~cd on thnt meeting. the Title IX CtJordinatinn Team w.ilr mak<.:u
<l~1.:i:,it)l1
,m whether there is ret1sonabl e cause to proceed with the inve:;tigation. IJ thc Tit'lc
IX Coordinatitm Team decide s that no policy violation has occumxl or that the
preponderance of evidence (i.e., whether it is more lik ely than not that the accuood
individual committed ea~h allege d violation) does not support a finding of a policy
vi olation , then the prm:ess will end unless the party bringing on investigation reqL1csts that
thl! Tit le lX Coordination Team make an extraordinary dctcm1inatiun to re-open the
investigation or to forward the matter for a heari ng. This decision lies in the solt: discretion
of the Title IX Coordination Team . If there is reasonable cause, the Title IX Coqrdination
Tcom will direct the investigation to continue , or ifth cre is a preponderance of evidcm:e nr
a vit>lation, then the Title IX Coordina tion Team may recommend mediation, a resolutio n
without a hearing or a fo rmal hearing , based on the below criteria.
a. Me dia tion

Mediation is often used for less serious, yet inappropriate, behaviMs and is encnuraged as an
alternative to the formal hearing process to resolve conflicts. The Title IX Coon.linatton
fcum will detennine if mediation is appropriate. based on the willingness of the parties, the
nature of the cond uct at iss ue and the susceptibilit y of the conduct to mediation. ln a
mcdiatilm meeting , a Title IX Centrnl Coordinator will facilitate a dialogue with the pa11ie~
It) an cftix:tivc reso luti on. if possible . Sanctions are not possib le as the result nf a c.ontlict
n.:~olution process, though the parties may agree to appropriate remedies. The Tjtlc IX
Coordinator /Gatekeeper will keep records of any resolution that is reached. and failure to
abide by the accord can result in a ppropriate responsive actions.
Mediatio n will not be the primary resolution mechanism used to ad<lress grievances of
sex ual misc.onduct or violent behavior o f any kind or in other cases o f serious v1\llations or
policy. though it may be malle-avaihbl e after the fi.,nnal process is completed should the
parties and the T itle IX Coordinato r/Galekee per believe that it could he beneficial. It is not
neccs~ary to pursue mediation first in order to make a fom1al investigation . and anytme
16

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purtit:ipt1tingin mcdiatiL)nresolution can stop that process ut any time and rt!qucst a fimnul
hearing.
b. Resolution without a Hearing

Resolution without a hearing can be pursued for any behavior that falls within the po licy on
Equal Opportunity , Harassment and Nondiscrimination, at any time during the proce ss. The
Title (X Coordinator /Gatekeeper will provide written notification of an investigation to any
member of the College community who is accused of an offense of harassment.
discrimination, or retaliation. The Title IX Coordinator/Gatekeeper will meet with the
, the
responding individual to explain the finding(s) of the investigat ion. Once infot111ed
responding pa1iy may choose to admit responsibility for all or part of the alleged policy
violation s at any point in the process. Jf so, the Title IX Coordinator/Gatekeeper will render
a finding that the individual is in violation of College policy for the admitted conduct, and
al hearing on any remaining disputed violations.
will normally proceed to convene a fot111
For admitted violations, Title IX Coordinatio n Team will recommend an appropriate
sanction or responsive action. If the sanction/responsive action is accepted by both the party
bringing an investigat ion and responding party , the Dean of Students, Vice President of
Academic Affairs/ Provost or Human Resources will implement it , and act promptly and
eftectively to remedy the effects of .theadmitted conduc t upon the victim and the
community. If either party rejects the sanction/responsive action, the hearing will be 11eld
on the sanction/respon sive action only, according to the hearing procedures below, except in
the case of at-will employees for whom findings and responsive actions will be detern,ined
hy Human Resources .
c. Formal Hearing

For any grievances that are not approp1iatc for cont1ict resolution and which an: nor
rcsolwd without a hearing. the Title IX Coordinator/Gatekeeper will initiate a fonna l
hearing or f'i)r employees for whom no hearing.process is uvailablc, will refer his/her
lindings tn Human Resources for implementotion.

7. Formal Hearing Procedure
a. Hearing

The.:Tit It: IX Coordinator /Gatekeeper will appoint n non-voting panel case udministrat1)r and
three members of the hearing panel. Hearing panels may include both faculty .ind nonst one faculty employee selected in an investigation involving a
foculty emp loyees, with l<!il
faculty member. No member of the panel may be a practicing attorney. The panel will meet
at times detern,ined by the Chair.
17

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h. ~otification of Charge s

At least ti,rty eight hours prior to the hearing. or as far in adv:rncc as is reasonably possible if
an accdcratcd hearing is sc.:hc<l
ulcd with the consent ()f the parties. the Heuring Panel case
administrator will send a letter to the p8rties '"'ith the following infonm1tion. Once mailed ,
emailed and/or received in-person, notice will be presumptively delivered. The 1.etter ~i ll
contain:
• ·\ descriptio n of the alkgcd violatinn(s), and n tksc1iptin11of the upplicahk
pnJci;clun.:s.
• fhc rime. elate and locution of the hcuring and a reminder that attendance 1s
nrnndatory. superse ding all other campus acti, ·ities. ILiny p;;trty does not uppcur at
the scheduled hearing. the hearing will be held in thcir abscncc. Fm cnmpd ling
reasons. the Chair may reschedule the hearing.
• The pmtics may have rhe assistance of a hearing panel member , or other advisor nt
the hearing.. Typically. advisors are members of the campus communi ty. hut the
Titk IX Coord inator/Gatekeeper may grant pcnnissio n for an outside advisor upon
request. The pnrties to the hearing are expected to osk and respond to questions on
their own behalf. witho ut representation by their advisor. The advisor may 1..:on
·ult
with the advisee quietl y or in writing, or outside the heuring dur ing breaks, but may
11llt spcnk on hchal f of the advisee to the panel.
• l·km ings for possible violations that occ.:urnear or after the end of an acatkrnic term
will he hdd immediately after the end o f the tcnn or dur ing the summer. as needed.
to meet the re. olution timeline followed by 1hc College and remain \-\ithin the 60-dny
goal fnr resolu tion.

c. Hearing Procedures

Hearings will be convened, usually within one to two weeks of the completion of the
investigation, and will be conducted in private. The hearing panel has the authority to hear
all collateral misconduct , meaning that it hears all allegation s of discrimination, harassment
and reta liation, but also may hear any additional alleged policy violations that have occurred
in concert with the discrimination , harassment or retaliation, even though those collateral
allegations may not specifica lly fall within bearing panel jurisdict ion. Accordingly,
investigation s should be conducted with as wide a scope as necessary.
Participants will include the non-voting case administra tor, the three members of the panel,
the investigator(s) who conducted the investigation on the grievance, the party bringing an
investigation and responding party (is) (or three organizationa l representative s in a case
where an orga nization is charged) , adv isors to the parties and any called witnesses. The case
administrator will exchange the names of witnesses the College intends to call, all pertinent
18

 documentary evi dence and any written findings from the inve stigators between the parties at
least two business days prior to the hearing. In addition, the parties will be given a list of the
names of each of the hearing panel members at least two business days in advance of the
hearing. Should either (any) party object to any panelist , he/ she must raise all objections, in
writing , to the case administrator immediately . Panel members will only be unseated if the
case administrator concludes that their bias precludes an impartia l hearing of the grievance .
Additionally, any pane list or case administrator who feels he/she cannot make an objective
determination must recuse himself or herself from the proceedings when notified of the
iuentity of the parties and all witnesses in advance of the hearing ..
The case administrator, in consultation with the parties and investigators, may decide in
advance of the hearing that certain witnesses do not need to be phy sically present if their
testimony can be adequately summarized by the investigator(s) during the hearing. All
testimonies summarized by the investigator if the witness is not presenf must be documented
and signe d by the said witness. All parties will have ample opportunity to present facts and
argwnents in full and question all present witnesses during the hearing , though formal crossexamination is not used between the parties. If alternative questioning mechanisms are
desired (screens, Skype, questions directed through the Chair, etc.) , the parties should
request them from the Chair at least two business days prior to the hearing.
Once the procedures are explained and the participants are introduced , the investigator will
present the report of the investigation first, and be subject to questioning by the parties and
the hearing panel. The investigator(s) will be present during the entire hearing proces s, but
will on ly be present during deliberations at the request of the Chair. The findings of the
investigation are not binding on the panel, though any undisputed co nclusions of the
investigation report will not be revisited, except as necessary to determine
sanctions /responsive actions . Once the investigator(s) is/are questioned, the hearing panel
will permit que stioning of and by the parties, and of any present w itness. Questions may be
directed through the panel at the discretion of the Chair.
Formal rules of evidence will not apply. Any evidence that the pane] believes is relevant and
credible may be considered, including history and pattern evidence. The Chair will address
any evidentiary concerns prior to and /or during the hearing, may exclude irrelevant or
immaterial evidence and may ask the panel to disregard evidence lacking in credibility. The
Chair will determine all questions of procedure and evidence. Anyone app earin g at the
hearing to provide information wi ll respond to questions on his/her ovvn behalf.

Unless the Chair <letermines it is appropriate. no one will present information or rai se
question .; cnm:crning: (I) incidt.mts not directly related to the po ss ible violation. unless they
show a pattern. or (2) the sexual history of or the charac ter of tht! victimtpnrty hrin ging a
19

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)

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There will be no observers in the hearing. The Chair may allow witnesses who have
relevant info,mation to appear at a portion of the hearing in order to respond to specific
questions from the pane] or the parties involved. The panel does not hear from character
witnesses, but will accept up to two letters supporting the character of the individuals
involved.
In hearings involving more than one accused individual or in which

two parties bringing an

investigation have accused the same individual of substantially similar conduct, the standard
procedure will be to hear the investigations jointly; however, the Title IX Coordination
Team may pennit the hearing pertinent to each responding party to be conducted separate ly.
In joint hearings, separate determinations of responsibility will be made for each responding
party.
Proceedings ar e p1ivatc. All per so ns present at any rime during the hearing nrc expected to
maintain the privacy of thc proceedings , subject to Wesley College ctm scquencc:s t<
)r failure
I() do s0. While the contents of the hearing are piivarc. the parties have discretion to share
their ow n ex perienc es if they so choose. and should discuss doing s0 with their advisors.
Heuri11gs:ire recorded for purposes of review in the event of nn appeal. Hearing panel
m~mbers. the parties and/or the persons who initiated the action. and appropriate
administrative o fficer s of Wesley Co llege will be allowed to li sten to the recordin g in u
lncat illf1determined by the Title IX Coordination Team or de signee . No perstm will be
gjven or be allowed to make a copy of the recording witl1l)Utpenni ss ion of the Title IX
Coordinator /Gatekeeper. Persons given access to the recording will be required to sig n an
agreement con tinning that they will protect the privacy of the infonnation contained in the
recording. A ll recordings will be deleted IO days atter the conclusion of the hearing or the
appeal process .

d. Decis ions
T he Hearing Panel will deliberate in closed session to detcnrnn e whether the re spond mg
part y is responsible or not responsible for the violation(s) in question. The pnncl will bnse
it~ determination nn a preponderance of the evidence (i.e., whether it is mor e lik ely than not
tha1 the acc use d individual committed each alleged vio lat ion). rf an individual respondin g
pa11y() I' orga nization is foun d re!:iponsiblc by a maj ority of the panel, the panel will
recommend apprnp1iatc sa ne,tions to the Title IX Coordinator /Gatekeeper .

The Panel Chair will prepare a written deliberation report and deliver it to the case
administrator, detailing the findings, how each member voted, the infonnation cited by the
panel in support of its recommendation and any infonnation the hearing panel excluded from
20

 )
ils consideration and why. The report should conclude with any recommended sanctions.
This report should not exceed two pages in length and must be submit ted to the Title IX
Coordinator /Gatekee per within two (2) days of the end of deliberations.
The case admin istrat or will inform ihe accused individua l and the party bringing an
investigation of the fina l determination wi thin 2-3 business days of the hearing , without
significant time delay between notifications. Notification will be made in writing and may
be delivered by one or more of the following methods; in person; mailed to the local or
permanent address of the pa1iies as indi cated in otlicia l Wesley Co llege records; or emailed
to the parties' College-issued email account. Once mailed, emailed and/or received inperson, notice will be pre s umptively delivered.

c. Sanctions
Sanc tio ns or respon sive actions will be detem1incd by the Hearing Pan el. Factors co nside red
when <ldcn11ining a sa ncticm/respon sivc action may include:
•

The natur e. severity of. and circumstnnces surro unding the violation

•
•

An individual' s disciplinary his tory
Previous grievances or allegations involving s imilar conduct
Any other informat ion deemed relevant by the Hearing Panel

•
•

The need for sanctions/responsive
harassment and /or retaliation

actions to bring an end to the discrimination.

•

The need for sanctions/responsive actions to prevent t he future recurrence of
discrimination , harassment and/or retaliation

•

The need to remedy the effects of the discrimination, harassment and /or retaliation
on the victim and the community

I. Stude nt Sanction s
The li) llowing are the usua l snnctions thar may be imposed upon stude nts or
orga nizat ion s singly or in combination:
o

1·crbaf or Wri!fen JtVami11g; A fonnal statement that the behavior was

unacc.eptablt and a warning that further infractions of any We sley College polic.y,
procedure or directive will result in more seve re sa nctions /responsive ac tions.
o

Dcnic •d Access - Denial of the student 's tight to be in specific areas 0f the campus

or a specifie d period of time (i .e. exclusion from a residence hall , game room).
Termination o f the H0using Contract is nL)t a ce ns ure of denied ucccss under thi :prov1s1011.
21

 )
o

)

Proho1io11: A written rcprimund for violati on ofrhc (\)d e of Student Conduct.

providing for more s1.:vcre disciplinary sanction s in the event that the student or
mganization is found in violation of any Wesley Co llege policy. procedure or
directive within a specified period of time. Tcnn s of the prnhati on will be
::;pccitied and may include denial of speci fictl soc:ial privileges, exclusion from
co-cuo-iculnr ucrivities, non-contact orders and/01"other measures deemed
appropriate.,
Or S11
spe11sirm:Tc1111ination<)f student status for a detinitc periou pft fmc not to
cxccct.l twn years. nnd/or until specific criteria arc met. Students vvho return from
suspension are automatically placed on probation through the remaind er (,f their
tenure at College. This sanction will be noted as :.l Conduct Suspensit)n on the
..;1udcnt's (rfficial 1rnns1.:ript.
o l.'xp11/
sion: Permanent ten11ination l)f student statu s, revocation of rights to be on
c,1mpus for any reason or attend College-sponsored t:vl!nts. This sanction will be
noted a~ a Conduct Expulsion on the student 's official transc.:tipt.
() /VirlJ/10/di11g
Diploma. The Wesley College ma y withhold a student's diplom a for
a specified peiiod of time and/or deny a student' s participati on in commencement
activities if the student has a grievance pending, or as a sanction if the student is
found responsibl e for an alleged v iol ation.
o l<r!voc ati011 <dDegr ee. The Wesley College reserves the right to revoke a degree
awarded from the Wesley College for fraud, misrepresentation or other violation
of Weslt.:y Co llege policies , procedures or directive s in obtaining the degree. or
for other serious violations committed by a student prior to graduation.
<)
o, ,gani:zatio11alSancrio11s. Deactivation, de-recogni tion, loss of all privileges
(including registration), for a spec ified period of time.
o Otl,er A erions: In addition to or in place of the above sam.:tions. the Wesl ey
College may assign any other sanction s as de emed appropriate.

ii. Employee Sanctions

Responsive actions for an employee who has engaged in harassme nt, discrimination
and/or retaliation include warning, required counseling, demotion , suspension with pay.
suspensjon without pay and termination.

f. Withdrawal o r Resignation WhiJe Cha rges Pending

Stude nts: The College docs pe1111ita student to withdraw if that student has an inv~stig:.ition
pending for vit,latiL)nof the policy on Equal Opportunity , Harassment and
22

 ()
Nondiscrimination, or for charges under the Code of Student Conduct. Should a student
decide to leave and not participate in the investigation and/or hearing, the proces s will
nonetheless proceed in the student's absence to a reasonable resolution and that student will
not be permitted to return to Wesley College unle ss all sanct ions have been satisfied.
Emp loyees: Shou ld an employee resign while chnrges are pending, the records of the Title

..

IX Coordinator /Gatekeeper will reflect that status. The Title IX Coordination Team will act
to promptly and effect ivel y remedy the effects of the conduct upon the victim and the
community.
g. Appea ls

All rc4ul::-.t
s for appeal con s1der.mons mu$t he submitted 111wntmg to the case
..1dmini~trut0r \ ithi n three business <lays of the dt:I ivery of the written finding of the
Hearing Panel.

A three-member panel lead by the Title IX Coordinator /Gatekeeper wh<)was mH
involve<.!in the investigation previou sly will consider all appeal reque sts. Any part y may
uppeal. but appea ls are limited to the following:
•

•

•

A procedural error or omission occurred that significantly impacted the outcome
of the hearing (e.g. substa ntiated bias , material deviation from established
procedures , etc.).
To consider new evidence, unknown or unavailable during the original hearing or
investigation, that could substantially impact the original finding or sanction. A
summary of this new evidence and its potential impact must be included.
The sanctions imposed are substantially disproportionate to the severity of the
violation [or better: The sanctions fall outside the range of sanctions the College has
designated for this offonse}.

The case administrator will review the appeal request(s) . The original finding and
sanctio n/ respon sive actions will stand if the appea l is not timely or is not based on the
grounds listed above, and such a decision is final. When any party requests an appeal ,
the other party (parties) will be notified and joined in the appeal. The party requestin g
appeal must show that the grounds for an appeal request have been met, and the othe r
party or parties may show the gro unds have not been met , or that add itiona l grounds are
met. The original finding and sanction are presumed to have been decided reasonabl y
and appropriately.
Where the case administrator finds that at least one of the grounds is met , and proceeds,
additiona l principles governing the hearing of appeals include the following:
•

Appeal decisions by the panel are to be deferential to the origina l decision, making

23

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)

()

changes to the finding only where there is clear error and to the sanction/responsive action onJy
if there is a compellingjustification to do so.
•

Appeals are not intended to be a full rehearing of the investigation. In most case s,
appeals are co nfin ed to a re view of the written documentation or record of the origina l
hearing, and pertine nt documentation regarding the grounds for appeal. Appeals granted
ba sed on new evidence shou ld normall y be remanded to the original hearing panel for
reconsideration. Other appeals may be remanded at the discretion of the Title IX
Coordinator /Gateke~per or heard by the three-member panel.

•

Sanction s imposed are implemented immediately unless the Title DCCoordinator /Gatek eeper
or designee stays their implementation in extraordinary circumstances, pending the outcome of
tl1eappeal .

•

The Title IX Coordi nator /Gatekeeper will normally, after conferring with the appeal s
panel , render a written decision on the appeal to all parties within 2-3 business day s from
hearing of the appeal.

•

All parties should be informed of whether the grou nd s for an appeal are accepted and the
results of the appeal decision.

•

Once an appeal is decided, the outcome is final: further appea ls are not pennitted .

h. Failure to Complete Sanctions/Comply with Responsive Actions
All responding parties are expected to comp ly with conduct sanctions /re sponsive /corrective
actions within the time frame specified by the Title IX Coordinator /Gatekeeper. Failure to
foJlow through on conduc t sanc tions /respons ive/corrective actions by the date specified ,
whe th er by refusal , neglect or any other reason , may result in addit ional
sanctions /respo nsive /corrective actions and/or suspension, ex pul sion and/or termination
from the College and may be noted on a student ' s official transcript. A suspension will only
be Jit1ed when comp lianc e is achieved to the satisfaction of the Title IX
Coordinator / Gatekeeper.
i. Records
In imp h.:mcnting this polic:.:
y. records of all in vestiga tions. resolution s, and h<::
anng s w ill he

kl.:p t by in th~ Student Affair s' Office.
j. Statement of the Rights of a Party Bringing an lnvestigatiol1

•

To be treated with respect by Wesley College officials .

•

To take advantage of camp us support resources (such as Counseling & Psycliological
Services. the Office of the Chaplains , and Wesley College Health Serv ices for
students).

•

To experience a sate living , educational and work environment.
24

 •

To have an advisor during this process.

•
•
•

To refuse to have an allegation resolved through conflict resolut ion procedures.
To receive amnesty for minor student misconduct (such as alcohol or drug
violatio ns) that is ancillary to the incident.
To be free from retaliation.

•

To have investigations heard in substant ial accordance with these procedure s.

•

To full parti cipation of the injured party in.tiny hearing process whether the injured
party is serving as the party bringing an investigation or the College is serving as
party bringing an investigation.

•

To be infonned in writing of the outcome /reso lution of the investigation , sanctions
wher e perm_issib lc and the rationale for the outcome where penn issib le.
Refer to law enforcement and have assistance .
.
Housing and living accommodations.
No contacts.

•
•
•

k. Stateme nt of the Rights of the Responding Party

•

To be treated with respec t by Wesley College offici als.

•

To take advantage of campus support resources (such as Counseling & Psychological
Service s, the Office of the Chaplai ns, and Wes ley College Health Services for
stude nts).

•

To have an adviso r during this process.

•
•
•

To refuse to have an allega tion resolved through conflict resolu tion procedure s.
To have an investigatio n heard in substantial accordance with these procedures.
To be infonne d of the outcome/resolution of the grieva nce and the rationale for the
outcome, in writing .

8. Revision

These policies and procedures will be reviewed and updated annually by the Title IX
Coordinat ion Team. The Tifle lX Coordination Team may make minor modifications to
procedure that do not materially jeopardize the fairness owed to any party. However , the
Title IX Coordina tion Team may also vary procedu res materially with notice (on the
institutional web site, with appropriate date of effect identified) upon detennining that
changes to law or regulation require policy or proced ural alteratio ns not reflected in this
policy and procedure. Procedures in effect at the time of its implementation will apply.
Policy in effect at the time of the offense will apply even if the policy is changed
subsequent ly, unless the parties consent to be bound by the current policy.

25

 26

(

)

Wesley College

Declining Student Conduct
Action Form

--

,

This ·form is to confirm that l
do not want to make a formal
complaint , and am unwilling to participate further in any investigation or
discip linary proceeding against the student l hav e accused.

I under stand that it is Wesley College's (hereinafter "the College") obli gatio n to
investigate all report s of sexual misconduct and/o r haras sment as required by law
and that the Co llege will investigate to the extent of the information availab le to
it.

l f the Co llege obtains independent corroborating informatio n of the misconduct I
reported, the College may determine it is nece ssary to go forward with the st udent
condu ct proce ss w ithout my involveme nt, or implement other appropri ate remedie s.

Although I stated that r do not wish to participate in the student conduct pro cess,
I under stand that I will be not ified if such an action occurs.

I also understand that the College is required to docume nt thi s report for gene ral
Clery Act stat istics , though there will be no personally ide ntifiable information
about me shared for this repor t.
Student Signature
Date :

Advisor Signatu re

Date: ______

_

 Investigative Report Template
Wesley College
Office of Dean of Students
Renee McGlothlin
120 N. State Street
Dover, DE 19901
lnvestigator(s):
Date

The report is the product of an investiga t io n conducted by investigators John Smith and Jane Doe of
Wesley College into the allegations of sexual misconduct in violation of the Student Code of Conduct,
specifically , Wesley College's Sexual Mi sconduct Policy Governing Students . The purpo se of this report
is to advise the Title IX Coordinators of the findings of the neutral and impartia l investigation into the
complaint made by Sally Rodgers (complainant) against Joe Student (respondent), specifically , to
determine if it is more likely than not that Joe Student violated Wesley College's Sexual M isconduct
Policy Governing Students.
Reported Violation:

Non- Consensual Sexual Intercourse, policy #15.0, Student Code of Conduct, Sexual Mis conduct Policy
Governing Students, which reads: Non-consensual sexual interco urse is any penetration of the vagina or
anus, no matter how slight , with any object w ithout the consent of another , by attempting to or by
using any amount of force , or through the complainant's temporary or permanent mental or physical
condi t ion that rendered them incapab le of giving consent, or due t o the complainant's age.
Parties Int erviewed :
Complainant: Jane Smith
Respondent: Joe Student
Witnesses : A, B, C
Other sources of information: CCTV,card swipe access system
Background and Investig ative Findings:

On Monday , April 1, 2016, Sally Rodgers reported to campus police that sne was raped by fellow student
Joe Student on October 12, 2015 in her residence hall room. Rodgers did not wish to pursue law
enforcement action of any kind and campus police, per Wesley College policy, shared the initial report
with the Title IX Coordinator, Renee McGlothlin on April 2, 2016 . Ms. McGloth lin met with Rodgers in
her office on April 3, 2016, the first available time that Rodgers could meet to discuss the complaint and
subsequently placed in terim measures of no contact between the parties . No academic or housing
accommodation was made by Rodgers.
Rodgers asserts that on October 12, 2015, she and Joe Student attended the same off camp us social
held by her sorority. CONTINUEBACKGROUNDAND INVESTIGATIONOF ALLEGATIONHERE, TO
INCLUDEENTIRECASESYNOPSIS,FACTS,PARTIESINTERVIEWED
, ETC

 Wesley College, Office of the
Dean of Students

()

Confirmation of Report-Rights and Support Letter

Dear Student,
It is important that yo u are aware of yo ur right s and opportunities for support and
ass istance. The following are resources available both on campus and in the campu s
community:
Confidential Resources: Reporting to any of the following sources will be completely
confidential. Your persona l information will not be shared by any of the follow ing
re so urces . The only 100% confidential source is our on line anonymou s form which
can be acce sse d 'at http ://wcsley.edu /ca mpu s-servil.:e . /studt:ntaffo irs/ akrts / anonymous-inddent-form

Student Health Center
Wellness Center
Carpenter Hall
(302)736- 252 1
8:30am -4:30pm ; M-F ;

Student Counseling & Psychological
Serv ices
Wellness Cente r
Carpe nter Hall
(302)736-2445
Office Hours: 8 :30am-4 :30pm ; M-F

In addition, you are enco ura ged to file a report with the We sley College Camp us Poli ce
Department. They are located in the College Center Building; their phone number is
(30 2)73 6-24 36 or 9-1-1 from any campus telephone. The campus police ma y con duct an
investigation based on potential crimi nal activity related to the situation yo u reported .
Although at this time you choose no t to pur sue or pa1iicipate in an in vestiga tion or
di sc iplinary proceeding, it's important that you know that you may request further conduct
action at any future time, consistent with the institution's po licy. Of course, the longer the
period of time elapsed from the time of the incident you reported , the mo re difficult it will
be to obtain information as individual s graduate or leave schoo l or phy sical evidence is no
longer obtainable. However , this does not mean that a fair hearing is impo ss ible . If yo u
choose not to share all the information you hav e about the inciden t it will limit our
in ves tigation. You are encouraged to meet wit h our o ffice at any time to disc uss opti ons.
and yo u ma y, of cou rse, be accompanied by an advi ser or advocate of your choice who is a
We sley College facu lty , staff or studen t and not lega lly trained.

 '

( )

We would also like to make you aware that the W es ley Co llege's lega l o bligati o n is to
inv es tigate a ll re po rts of se xual misconduct and /o r ha rass m en t and that the Co llege
will invest igate to the extent of the inform ati on ava ilabl e to it .

If you need additiona l support during this time in the form of counse ling support , alternative
housing options, or academic accommodations, please contact our office so that we can
work with you in a timely way to prov ide assistance.
Our Sexual Misconduct Policy and a descriptio n of the discipline process can be located on
line at http ://wes ley.edu/about/ t it le-ix-informa ti on.
If you have any que stions, or wish to seek any type of support, please don't hesitate
to contact my office imm ed iately .

Wanda Anderson
Dean of Students
Wesley College Title IX Gatekeeper

 (

~

raw~L~\~y
GreatThings Await

Dean of Students Office
Wesley College
Student Life Office CC 125
(302) 736-2506

Educational Confer ence Ac knowledgem ent
L.___________________
______________________

(pnnt name), am acknowk·dging th:u I met wirh
(name and title) on --------

(date ) to discuss che conduct case that occurred on _______

(da te).

l have the right to bring any person who witnessed the incident to g ive a witness statement to rbc
board. 1 must provide the names of all witnesses at least 14 hours before th e hearing. ff wimesses
are srudents, Student ~\ffair s will prm·ide notices to professors.

I.1st of wirncs ses:

I may also brin g o ne person w ith me as an Advisor. , \dvisors are prcsenr at conducr hearing to
.mpport and advise students . .r\ ll r\d visors may only speak to directly co the student rhcy arc
sup p orting in quiet manner. T hey ma y not participate in rhe hearin g o r speak m ot h er stu dent s m
Board members. Plea se note: if. chis expectation is violated the advisor ma y be asked to lc11vc.
Please Lisrnam e. of atkisor below:

13ycompleting and sigrung rhis form, I am acknowledging char T was given rhc op pommity co ,·icw
the report about the inciden t:

Sn,Jcnt' s Signatur e and Dare

.\Jvi sor/ Ad,·ocarc Signature and Date
I:ducanon;1IConfen:nce.\cknowlec.lgcmc11r.Joc11/ I:i

Co llege Staff t\lembcr Signarurc and Dare

 )

TITL E IX

TITLE IX
Title IX Coordinators
tr1cident Report Form
FAQ'sAbout Title IX
Filing a Complaint and Reporting Process
Consultation Options
Title IX is a federal law under the Department of Educatipn's 1972 amendment (amending the
Higher Education Act of 1965) that protects all individuals from discrimination based on sex in
educational programs or activities. These include but, are not limited to sex-based
discrimination in sports , against pregnant and parenting students, or women in STEM programs
(science, technology, engineering and math). It also addresses sexual harassment, genderbased discrimination and sexual violence. Sexual violence covers attempted or completed rape
or sexual assault, as well as sexual harassment, intimate partner violence, stalking,
exhfbitionism, verbal or physical sexuality-based threats or abuse, and voyeurism .
In compliance wi th Title IX, Wes ley College do es not deny or limit any s tud ent or em plo yee the ability
to participa te in or be nefit f rom any p rogram offere d by the insti tut ion on the basis of sex or ge nder.

Title IXlaw requires Colleges and Universities to investigate and adjudicate reports of sex
discrim ination , sexual assaults, and harassment in a prompt, thorough, and impartial manner .
It also requires institutions to establish proactive measures ensure a campus culture free of sex
discrim ination . These would include established procedures for educating and training
students, training of Title IXinvestigators, an organized st udent conduct process, and systems
in place to prevent retaliation . For additional information on your rights under Title IX, visit
www .wesley.edu/titl eix
Any faculty member, staff or student with questions or concerns about the College's policies or
who believes that he or she has been the victim of sex discrimination, sexual harassment, or
sexual violence is encouraged to contact the College's Title IXCoordinator :

Wanda M. Anderson
Dean of Students & Title IX Site Coordinator
120 North State Street
Dover, DE 19901
(302)736-2443

11

 )

}

TITLE IX
Title IX Coordinators at Wesley College
Campu s Site Coordinator
Wanda M . Anderson, Dean of Stude nts
Office of Studen t Affairs
125 College Center
302- 736-2506
wanda .anderson@wesley .edu
Title IX Coordinator for Student Cond uct & Sexual Assau lt
Melissa Elliott, Assistant Dean of Students & Director of Residence Life
Office of Student Affairs and Residence Life
121 College Center
302-736-2586
mell ssa.elliott@weslev.edu
Title IX Coord inator for Student Conduct & Sexual Assault
Renee McGlothlin, Reservation and Conference Coordinator
Office of Student Affairs
123 College Center
302-736-2593
renee.mc g/oth /,n@wesley.edu
Title IX Coordinator for Anti-Ha rassment
Dr. Karen Panunto, Associate Professor of Nursing & BSN Program Director
215 Health Sciences Building
302-736-2511
karen.ponunto@wesley.edu

Title IX Coordinator for Athletic Compliance
Tracey Short , Associate Athletics Director , SWA and Head Field Hockey Coach
2 Wesley West
302-736-25 41
tracey .short@wesley.edu
Title IX Coordinator of Disability Support
Brian Belcher, Coordinator of Disabili ty Support
l 12B Parker Library
302-736-2739
brian .belcher@wes/ey 1edu

Title IX Coordinator for Hostile Environments
Dana Huber, Human Resour ce Manag er
321 College Center
302-736-2333
hr@wesley .edu

21

 )

)

TITLE IX
WESLEY COLLEGE
TITLE IX INC IDENT REPORT"'

This form should be compl eted and s ubmitt ed as soo 11as possible after /earni11gof an inciden t that may violate
the Title IX poli cy. Please type. Boxes ca11exp and to accommodate text.
Name and Title of Person Co mpl eting the Form (please include your contact infonnati on):

Date of Incident :

Date Rc1>ort cd lo Yo u :

Complainant:

Against Whom:

Na me of Perso n \V ho Re ported th e I ncid enl to Yo u tdtl,ffenml from th e wmplt1ina 11t\:

Location of Incident (£.ramp/es : 011-campus, vjf-n1mp11s. res11lenc"/rail, Ouver, 0111-QJ
:.Stare. etc .):

Descriptio n of the I ncidcnt (i11c/11tle
ftrcts slrar..cJhi' tire camplalrrant. 11aml'-<
a[w,me,ses 1/a varlable}:

Case Sia IUS //raw did 1•m1 /paw tlrmgs wrtlr //re c.nmp(a111an
r!):

Of liccs In volve d (I/as

co111plm11nr11
report<:d tire i11dde111
lo tire polict!. /ras ro mplcw1g11/[Tied an /11tl!rm,I et111w/111111
~ 1-/pve yn11slwrl'd //11s

111/ilrmatimt111//
/r nm • ot/ror n fiice.1·~):

lf as th e checklist bee n reviewed with Co mpl ai nant '!

D Yes

D

Has the Complaina nt reque sted co nfidentialit y?

0

Y es

0

Is the inci dent Clery Act reportable?

D

Yes

D

No
No
No

Email completed form to a Title lX Coo rdinator or to:
Wanda M . Anderso n. Dean of Students and Title IX Site Coordinato r, 125 College Center , Dover, DE

19901, \\:mcla.and~rso n(,r \\ eslcv.l' du , 302-736-2443.
/\ddi uonn l reso ur ces can be found on: v.ww .w~sley.1:1h1/t11\eix

· www.udel.edu/oe1/knowledge-awareness/lXlncidentform

31

 )

T ITLE IX

FAQ's About Titl e IX

•

What is sexual misconduct?
a. Discrimination based on sex, gende r, or sexual orientation
b. Sexual Violence
c. Sexual Assault
d . Sexual Harassment
e. Stalking (physically or via cyber space)
f. Dating Violence

.,
•

What is the Role of a Title IX Coordinator?
a. Oversees the College's respo~se to Title IX complain ts and reports.
b. Counsel and support complaint
c. Identify and docume nt patterns or system problems revealed by reports and
complaints.

•

What is Sexual Assault?
a. Sexual Assault occurs when a person is physically forced, intimidated or
coerced into a sexual act.
b. When a person is physically or mentally unable to give consent.
c. Any unwan ted tou ching, fondling, kissing or any unwanted contact with
one's body

•

What is Sexual Harassment?
Sexual Harassment includes sexual assault and any unwelcome sexual
advances, req uests for sexual favors, and othe r verbal or physical contact of
a sexual nature.
Such As:
a. Demanding sexual favors accompanied by implied threats to one's
employment, academic status and promises of preferential treatment
(quid pro quo ).
b. Unreasonable behavior that interferes with or creates an
intimidating, hostile, or offensive working or academic environment
(hostil e environment )
c. Persistent, unwelcome flirtation
d. Requests for dates
e. Advances or propositions of a sexual nature
f . Unwanted touching
g. Degrading or insulting comments
h. Displays of sexually suggestive objects or pictures

41

 )

)

TITLE IX
FAQ's About Title IX continued

•

What practices are in place to supp ort those who have or wish to file a complaint ?

a. Confidential resources
1. Counseling services- Wesley College; {302)736 -2445
2. Dover Rape Crisis Centers; (800)26 2-9800
3. Human Resources- Wesley Col lege; (302)736 -2333
4. Wesley College Campus Security ; (302)736-2436
b. College monitoring and accountability for possible acts of retaliation by the accused
c. Emotion al and psychological support from Title IX Coordinators

•

Why is Reporting Important?
a. Reporting allows victi ms to receive emotional and psychological support, even if an
inv esti gation is not conduct ed.
b. Reporting incidents allows the College to monitor and establish patterns of incidents
that may put members of the community at risk.
c. The College is unable to charge someo ne who has participated in an act of sexual
misconduct or harassment without an actual victim coming forward .

s I•

I

 TITLE LX

What Reporting Options Exist for Victims?

Reporting
Options

Get help and
care, but do not
wish to report

Report to police
for criminal
charges

Tell police for
their information
but no charges

Report to Wesley
Collegefor
charges

Have spoken
with a Title IX

Coordinator

Communication And Disclosures of Instances of Sexual Misconduct
Anyone who has experienced sexual misconduct, sexual harassment, gender discrimination or
sexual violence should consult the following resources:
· Wesley Security Office-

302- 736-2436

, Dover Police Department-

302 -736-7111

· County Sexual Assault Hotline; Contact Lifeline, Inc.- Kent & Sussex County Hotline : (800) 262-9800
· Residence Life-

302-736-2506

. Counseling-

302-736-2445

. Health Service-

302 -736-2 521

· Disability Support Services- 302-736-2739

6

I.

 l )

\

)

TITLE IX

Essential Title IX Compliance Elements *

*www .atixa.org/invest igato rtra ining,dover ,DE,pg.8

7

I 1'

1

 )

(

)

T ITLE IX

Help & Concern s Form
Students with issues or concerns are urged to contact the appropriate college personne l in order to receive
assistance. It is the desire of Wesley College to resolve any such issues in a prompt and courteous manner .

•• As a first step, discu ss or atteropt to resolve with the student or staff/faculty member involved. n
Your Name:---

Student Number :-

- - - - - - - ------

Email:-------------Phone Number :------------

Major: ______

---

-------

_

Term: __

_

Best Time To Call:--------

WHAT IS YOUR CONCERN OR ISSU E? {Describe situation in clear, simple terms.)

(Please add another sheet, if necessary).
BACKGROUN D:
When did this occur? Date and time .

Where did this occur? Location i.e. Room, building, city

Who was involved? Staff? Faculty? Students? Police? Security?

Witness? Did anyone else see/hear what may have happened? Provide names and phone numbers if possible.

Resolution Process:

Have you discussed this issue with anyone? Staff? Faculty? Students? Other outside of the College?

Resolution Suggested:

81

 TITLE IX
Please provide options for consider at ion .

Other information and/or evidence:

Yes

0

No

D

Please add additiona l imp ortan t information not covered by oth er parts of this form on a separate sheet.

Where to take your concern or issue:
If you did not reach a resolutio n at t he informal stage, direct you r co ncern or issue as fo llows:
Classroom or course related
First Step:
1. Talk to professor invo lved if issue Is more
general.
If no re solution :
2. Department Chair
Harassment and/or Discrimi nat ion

Dr . Karen Panunto Ext. 2511; Classroom based, (Title IX Coordinator)

Housing/S tudent Right s & Responsibilities

Nate Biondi, Ext. 2458; Asst. Director for Hous ing; Student Aff airs

Campus Activities/Program

Elana Baukman Ext. 256 7; Director of Campus Life

Related

Student Conduct- including Sexual
Assault/Sexual Harassment

Melissa Elliott Ext. 2586 ; Asst. Dean of Student s. (Title IX Coordinator)

Health Concerns

Jill Ma ser Ext. 2521; Director of Wel lness

Hostile Work Environment

Dana Huber Ext. 2333 ; Human Resource Manager ,
(Titl e IX Coordinator)

Medical Colle ge Withdrawal

Br ian Belch er Ext. 2739 ; Coordinator of Disabilit y Support ,
(Title IX Coordinator)

Other or General issues

As a starting point contact Student Affair s. CC 12S Ext. 2506

By signing below, I ackno wledge that the statements made herein have been truthful and to the best
of my knowledge.
Your signature

Date

Resolution :

Administrato r - Print and sign name

Date

91

 )
Title IX Investigation Check List
Review PreliminaryInvestigation if you did not respondto the scene
Establish a preliminary t imeline for t he investigation , using a reasonable time frame, and communicate that timeline to
the appropriate part ies. Update this timeline as you progress and changes are needed

Call and email reporting and responding parties tl;ieir rights which includes having an advisor present throughout the
entire process
Conduct an educationalconference
Issue " No Contact" directlve to reporting and responding parties

Review rights to both part ies
Review timeline for case
Sign consent form to reveal complaint to responding party
Sign educatio nal conference letter
Not ify Residence Life and Academic Affairs on Interim measures
Interview the victim w it h Advocate present
Interview the w itnesses for reporting party
Identify potent ial w itnesses who left the scene
Invest igate respond ing party w ith Advocate present
Interview the witnesses for responding party
Interv iew responding party
Gather additional evidence from other locations, social media, access cards, other
Share info rm ation w ith both part ies, reporting and responding, 24 hours befo re hear ing
Complete report , including investigative narrative

\

 \..

n

n..
"

0

QJW~
L~\~y
Great Things Await

Dean of Students

Office

Student Code
of Conduct
2015-2016

. r

 ~

0

('

r'

Wesley College believes in a zero tolerance policy for sexual misconduct . Members of the Coll'ege

S.

comm1mily, guests and visitors have the right to be free from sexual violence. When an allegat ion of

lnhibllions and may make you vulnerable to someone. who views a drunk or high person as a sexual

sexual misconduct is brought to the admlnistratioo, and a respondent is found lo have violated this
policy, serio\1S sanctions will be used to eosure that such actions are never repeated . All members of the
community are expected to conduct themselves

lo a manner that does not infringe upon the rights of

,.

Be res ponsib le for you r alcohol intake/dt11g use and realize that alcoho l/ drugs lower your sexual

opportunily .

6.
Watch out for your friends and a_sk t hat (hey watch out for you. A real friend w111get in your face
If you are about to make a mistake . Respect them if they do.

others . The College Sexual Misco nduci Polley has been developed l'o reaffirm these princip les and to
provide recourse for those individuals whose rights have been Vlol.ated. This policy has dual pUrposes . II

If you find yourself in the position of being the initiator of sexual llehavlor, you owe seicual respect 10

serves as a measure for l1Sto deternline, after the fact, 1f behaviors trespass on community. values . It

your potential partner. These suggestions may help you to reduce you rrfs k for being accused of se-xual

also should serve as a guide for you on the expectatfons .we have, preventatlvely, for sexual

misconduct:

communication,

sexual responslb illty and ~eicual respeci .

OVERVIEWOF POllCY EXPECTATIONS WllH RESPECTTO PHYSICAL
SEXUALMISCONOUCT
While ttle polfcy below is quite detailed and specifk, the expectations of this co mmunity can be

OON'TMAKf ASSUMPTIONS, About consent About someo11e's sexual availability. About
1.
whether they are attracted to you. About how far you can go. About whether they are physically and
mentally able to consent to you.

summar1,ed In this simple paragraph , In order for Individuals to engage in sexual actJvity of any typ~

2.

wfth each other, there must be clear conseni . Con sen t is sexua l permission. Consent can be given by
word or action, but nonverbal consent is less clear than talking about wh,1i you want and what you

relate the1r lntendons to you.

-, don't. . Conser11 to some form of sexual activity cannot be automatically taken as consent to any other
sexual actiVlty. Silence Without ac:,lons demonst~ting

permission cannot be assumed i-o show consent

There Is a difference between seductio n and coerc ion . Coercing someone Into sexual actlVlty violates
th is policy just as much as physically forcing someone into

sex.Coercion

happens when someone

unreasonably pressures someone else for sex . Wnen alcohol or other drugs are being used, .someone
will be consi dered unab le to givevalid consent if they cannot appreciate the who, what, when, Where.

3.

Clearly communicate your intentions to your sexua l partner and give them a chance to c-le.arly

Mlxed messages from your partner shou ld be a clear Indication that you should step back,

defuse the sexual tension, and communlcate better . Perhaps you are misread ing them. Perhaps they
haven't figuN!d out how far they warit to go with vou yet You need to respect the timellne with wh ich
they are comfortab le .
4.

Don't take advantage of someone's drunkenness or dr.ugged state, even if they did it to

themselves.

why , or how of a sexual interaction . lndlviduals who consent to sex mus! be able lo understand what
they are doing. You will do we ll to keep in mind that under !his policy, "No" always means "No," and
;ilways mean •ves.'"
"Ve~

s.

•Please Note : Se.val Misconduct violat ions are Title IX cases, Title IXcases are processed dlfferently

6,
Understand tl>at consent to some forms of sexual behavior, does not necessarily imply consent
to other forms of sexual behavior.

than other student condu~t violations per federal guidelines. Please see the Title
handbook and/or on our webs ite (visit www .wesley.edu/tltlelx)

IXpolicy if\ this

flealfze that your potential partner could be Intimidated by you. or fearful. You may have a
power advantage simply because of your gender or size. Don't abuse that power ,

for an explanatlon .of how tnese cases
7,

On this campus, silence and passivll'y cannot be rnterpre.ted by you as an indicat ,on r,f torisent,

Read your potentfal partner carefully , paying attention to verbal and non•verbal communication and
RISKREOUCT
ION TIPS

body lang uage .

If you find yourself in an uncomfortable sex.ual situation , these sugge.s1lons may help you to reduce your

Although in campus heanngs legal ideas like guilt and innocence are not applicable, re;t-assured

risk:

the College will never assume a student is in vlol~tion of university policy. In fact , campus hearings are

l.

If you have limits, make them known before things go too far ,

i.

Tell a5exual aggressor"NO"

3.

Trv to extricate -yourself from the physkal presence of a sexua l aggressor

4.

Grab someone nearby and ask for help ,

clearly and lo1,dly1 likeyo1, mean It.

that

conducted to take into account the tota lity of all evidence avallable, from all relevant sou«es. Wesley
College reserves the right to take whatever measures It deems necessary in response to an allegation of
s exual miscondu ct irtorder to protec t students' right s and personal safety. Such measures include, but
are not limited to, rnodlfication of living arrangements,

interim suspension from campus pending a

hearing, and repo rting to the local police . Not all forms of sexual misconduct will be deemed to he
eqµaily serious pttense s, and the College reserves the right to impose differing )anc:tions, ranging from

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, Any materlals posted on campus that violate the posting policy or are out of assigned posting a1eas

oral warning lo expulslon, depending on t~eseverlty of the offense. The College will consider the
concerns ar,o rights o f both the tomplainarlt and the pers1m accused Qf se~val mlscor11:luct
.

wlll be removed
~

SEXUALMISCONDUCTOFFENSESINCLUDE,BUTARE.NOT LIMITEDTO,

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.

• Only registered Wes1ey·eo1lege organizations and students selling Individual goods (i,e . Books,
furniture , etc .) r;naypost on campus

l.

Sexual Harassment

2.

Non-Consensual Sexual Intercourse (or attempts to commit same)

3.

Non-Consensual Sexual Contact (or attempts 10commit same)

Q.

Sexual Explortalion

• Due to Irm ired spa ce, posting Is not petmitted for any 01gal]izatioll not affiliated with
Wesley College unless approved by the President's Office
, Posted material presented may not be of an offensive nature {sexist, racist, obscene, libelous,
.slanderous , e tc.)
, Posted material rnust have Wesley College, the name of tl]e sporrsoli ng persorJ, organization, or
l..

department, and the date on the poster

SEXUALHARASSMENT

Gender ·based verbal or physical conduct ·rhat unreasonably Interferes with or deprives someone of
educational access, benefits or opportunities .
Three Types of Sexual Harassment

'

A
Hostlle Environment includes any situation in which there Is harassing conduct that is s\Jfficiently
severe, . pervasive/persistent and patently/objectively offensive that it alters the conditions of education
or em ploymerit, from both a subjective (the alleged victim's) and an objective {reasonable person 's )
viewpoinl.
6.

Quid pro quo sexual harassment exists when the re are:

• Materials may NOTbe placed on painted surfaces

or any glass windows/doors

(including wood and/or

plastel finishes)
• No duct tape , masking tape, or .strapping tape may be used to adhere posting materials 111any area un
campus
• Flyers, posters, banners, etc . may be oos~ed for no more than two weeks and must be removed the
day after the event
• Posting is not perm itted on trees, benches, trash cans, rocks, telephones, banisters,

1ir

campus

exteriors
• Thumb tacks and staples are to be used only where appropriate

unwelcome . sexual advances, requests for sexual favors or othe r verbal or physical conduct of a
1)
sexual nature; and

• A drawing of sidewallcchalking must be approved by the Oiredor of Student Aciivities prior to chalki11g

21

• Chalking must be 10 feet from the entrance to a building and may·not be done on step5

submission to or rejection of such condUc'l results in adverse educa tlona l or employment action .

C.
Retaliatory harassment is any adverse employment or educational action taken against a person
because of the person 's part lcipatlon in a complaint or investlgailon of discrimination or sexual

, Chalking may only he posted for a maximum of five days

misconduct .

• Chalkirigmust be removed by tt,e day after the event date pasted
• Banners, sheets, etc . must also be approved for pos itioning by the Director ol Student

2.

NON-CONSE
NSUAl SEXUALINTERCOURSE:

Non-Consensual Se~ual Intercours e is

Activities and wlll be approved only for campus-wide events and in specific areas
• Failure to follow these slandards will resu lt Irrthe following sanctions : 1st Offense-Written warning
from Student Activities Office; 2nd Offense - postrng probationary period ; 3rd Offense - Revocation of

<1nysexual intercourse (anal, oral, or vaginal),

posting privileges for the semester

however slight,

15.0 - SfXUAl MISCiONDUCT
POLICY•

with any object,

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Creating a network disruption, which provides or takes al\ unfair portion of network re sources
to or from others , may also result in 11etwor~access being revoked.

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by a man or woman upon a man or a woman,
without consent* .

Using electronic or ot!,er devrces to make an audio or video record or any person while on
Colleg11premises without his/tier knowledge, or without h•s/her effettive consent when such a
recording is likely to cause Injury or dist ress. This includes, hut is not limited to, surreptitiously taking
picture.s of another person In a gym, locker room , or restroom
12,0 - POSSESSION
OF WEAPONS

3.

NON-CONSENSUALSEXUALCONTACT:

Non-Consensual Se11ualContact Is
any inten t ioriat sexual touching ,

Using or possessing ammunition, firearms or items that resemble Firearms (Including palntball guns),
Illegal knives (knives wltli blades longer tt,an five and one·llalf inches. hand Instruments designed lo cut
or stab another by belng th rown, stilettos, poniards. Bowie knives, swords, and/or spear$}. or other
Illegal weapons on College pro,perty . Violations Include but are no\ timlted to ;

however sliglit,
with any object ,

Paintball Guns

by a man or a woman upon a man or a woman,

88 Guns

without consent" .

Pellet Guns
Potato Guns

*CONSENT
DEFINED

Pocket Knives

Consent is informed , knowing and voluntary. Consent is active., nor passive . Silence, In and of Itself.
cannot be lnterprete .d as consent. Consent can be given by word s or actions, as long as those words or
attio!ls create mutua lly unders tandable permission regarding the condit ions of sexual activity. Consent
to one form of sexual actfVitycannot imply consent to other forms of sexual activity.

Medieval/Collec10, Swords/Kntves
13.0 -GENERALLAWS

Students or student organizatloris irwolve.din Violations oranv federal , state , or local laws may be
subject to disciplinary action. Disciplinary action imposed b\' toe College mav precede and/or be In
addition to any pena lty imposed by an off-campus authorl1y.
14.0- POSTINGAND ADVERTISINGPOLICY

Wesley College l)rohibits posting and adve rt1semenls that are not .sponso(ed hyan office, organl1ation ,
or employee of the College community. All postings and advertisements not sponsored by lhe College,
or not Identifying the sponsoring party , wtlt be removed and discarded . Posted materials may not v(otare
the Mission of the College. We_sleyCollege prohlbits the distribution, pub lication, postlng, .or
announcement of advertisements on its campus which promote the sate or consumption of beverage
alcohol or which promote businesses whose principle enterprise ls the 5ale of beverage a lcohol (i.e.,
liquor stores , cocktail lou,,ges, bars, nig.htclubs, an d taverns] .
Some ·student organtzatlons wilt be given the privilege ol havirig and using an orga nizational bullet in
board depending on available ~pace. vtolat ions Include but are not limited to:

Previous relationships or consent can not imply consent to futu re sexual acts . Consent cannot be
procured by use. of physlcal force, compelling threats, intimidating behav ior. or coerc_ion. Coercion is
unreasonable press ure for sext,al activfty. Coercfve behavior differs from seductive behav1or based on
the type o r pressure someo ne uses to get consent from another . When someone makes clear to you
tha I they do not wa'nt se.K,thatthey want lo stop. or that they do not wan1 to go past a certa111poinl o{
sexual interaction, continued pressure beyond that point can be (:oerc1ve.
In order to give effective consent, one rnust be of legal age . tfy ou have sexual activity with someone yov
know to be.- or should know to be - mentally or physically lncapac.itate\l (by alcohol or other drug use ,
unconsciousness Of blackout), you are in violation of thls policy. lncapac (tation is a state where one
cannot make a ra.tlonal, reasonable decis ion because thev lac.k the ability to understand the who, what ,
when. where , why or how o f their sewal interact1on.
This policy also covers someone whose Incapacity resu lts from mental d,sabllity, sleep,
Involuntary physical restraint, or from the taking of a so-called "da te •rape '' drug . Possession , use and/o r
distriburion of any of these substances , including Rohypno l, Ketomlne, GHB,Burundanga, etc. Is
prohibited, and admlnisterlng one of these drugs to anot her student for the purpose of indue'ing

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incapacJty ir, a violation of tll1s policy . More information on these drugs can be found at

0

Modifying system fac,lities or attempting lo disrupt Wesley College computing syslems

hrtp :// www .91lrape .org/
Using informatio n systems for any Illegal or unauthorized pu rpose
Use of alcohol or other drugs WIiinever function to eKcusebehavior that vio lates this po licy.
Using network resources to send or publish abusive , obscene, or harassing communications
Sexual activity Includes:
Mak ing. acquir ing. or using unauthorized copies o f computer software
Intentional cont act w rth the breasts, buttock, groin, or genita ls, or touching another with any o f
Denying or Interf ering w it h computi ng service to ott,er users In any way, w hich may Include

these body parts , or making another tou ch you or themselves with or on any of these body parts ; any
Intentional bodily contact in a seltual manner , though not involv ing contact with/of/by

breasts, buttoc~s.

groin , genitals, mouth or other orifice .

propagating chain lerters, spamming (spreading e-mail or postings widely and without good reasor,s). or
bombing (nooding

group , or system With numerous or large e-mail messages)

Using the College comput er system in a way that suggests Wesley's endorsement of any polrt lcal

Intercourse however slight, meaning vaginal penetration by a penis, object, tongue or finger,
an~I penetration by a pe nis, object , t ongue , or finger , and oral copulation (mou th to genital cont act or

an individual,

candidate or ballot initiative

gen11,1 to mouth cor,tact) .
Playing sounds or messages which could create an atmosphere of discomfort or harassmen t of
others

4.

Sending forgl!d e-mail. using re-mail ers or any shielded Identity programs

SEXUALEXPLOITATION

Using electronic communkatlons to fabr icate re searc h data

Occurs wh en a studen t takes non,consensu~I or abusive. sexual advantage of another for his/her own
advan tage or benefit, or to benefi t

or advantage anyone other t han tl:le one being eKploited, and that

Creating, launching, distributing , or maint ain ing compu t er viru ses, worm s, desvuctlve or other

beha',/lor does not otherwise consti tute one of othe r seJCualmlscondutl offenses . Examp les o f sexual

rogue programs, Including the unintended part icipation in such actMtv by not providing an Aotlvlrus

exploitation include , but are not limited to :

progr am which can be updated daily (a requirement for netw ork access).
prostf t uting anot her stude nt ;
Reading oth er users' informat ion or files w itho ut permi ssion
non-c.onsensual video or audio -taping of sexual act ivity;
going beyond the boundar ies of consP.rit {such as letting your friends hide in the closet to watch

Using electronic communications to steal another person's worlts, or otherwise misrepresent
one's own work

you having consensual se•):
Engaging in academic dishonesty as denn ed in the College's Academic Plagrarlsrn and Dishonesty
Policy

engaging In Peeplng Tom,r,ery ;
knowingly transmitting an STI or HIV to another student The requirements of this policy are
blind to the sexual orienlalion

or preferi?nce of

individuals engaging in sexual ac:tivity .

Crackin_gor guessing and applying the 10 or password of another user
Downloading or posting illegal, proprietary , or d~maging material to a College compu ter
Removing or modifying any College-owned or administered computer equipment or data

SANCTION
STATEMENT
Using systems ln violavon of crimi nal or civil law at the federal. state. or local levels (examples
Any stu de nt found responsi ble for viola ring the policy on Non-Consensual Se~ual Contact (where
no intercourse has occurred} wlll likelv receive a sanction rang'"g from warning to ellpuls1on, depending

include receiving, transmitting, possessing child pornography; making bomb thr eats; pro moting a
pyramid scheme; distributing illegal obr.cenity; infringing copyr1&hts, ar>dso on)

on the seventy of t he incid ent, and taking into account any prev,ous campus conduct code violations .•
P2P down loading or sharing programs are not permitted on campus. This lndu des the use o f
Any st udent found responsible f orviolatlng the pol icy 011 Non-Consensual Sexual Intercourse
w,11likely face a recommended sanction of suspension or eKpulslon .•

LimeWlre, Are s, Torrents , etc . Use of any P2P programs in any manner, may result in network access
being revoked wti kh will reouire. the equipment b~ brought to the lnformahon svnems Department .
The use of iTunes and ot her legal websites 1sperm,tted.

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Unlawfully removing items from the college dining facilltfes, convenlence stores, bookstore ,
kiosk, or vending operation
Assisting or being a n accessory to a theJt or attempted theft
Having knowledge of, or observing a theft occur ancl not report ing it; ar Withholding information
relevant to an irwesligation
Attempting to sell back textbooks to the boo~store t'1at do not belong to the seller

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Any student roond responsible for violatlng the policy on sexual exploitation or sexual
harassment will llketv receive a. recommended sa·nction ranging from warning to expulsion, depending
on tlie.s,:verity of the incident, and taking into account any prev ious campus · conduct code violations .•
·The cond1.1ctbody reserves the right to broaden or lessen any range of recommended sanctions In the
comp laint of serious mitigating circumstances Or egregious ly offensive be havior . Neither the initial
hearing officers no r any appeals body or officer will deviate from the range of recommended sanctio ns
unless compe lling justification exists to do so.

10.0 - FAILURETO COMPLY/ WILLFULOBSTRUCTION

fai lure to comp ly With the direction of a College offidal (Residence life staff included ) or Law
fnforcement Offlcer; harassing the aforementioned persons acting In the performance or his/her duties;
failure to iden tify oneself to College staff; o r failure to heed an official summons to the office of a
College official within t~e des ignated time ·. Violations lnclt,de b,11ate not lomhed to :
Failure to provide a valid Wesley ID card , or othe r valid ,d entiflcatfo n upon the request of any
Wesley College official, emp loyee, or !tudent life student staff member
Failure to rep o rt lrnrnedia tely any serious health or safety risk to the Oover Police, Wesley
Security, the Dean of Students Office, or other appropriate college personnel
Failure to make. a reasonable, positive effort to rernove themselves from the environment
where these stMda rds are befng violated
Giving false testimony or o ther evidence at a carnpus d isdptioary or other adminfstratlveproceed ing
Failure lo appear for a scheduled judlcial conference , actmi11is1raiiveHearing or Judicial iloard
Hearing
11.0 - COMPUTERANO NETWORI{ USE POLICY

Violating College's po licies governing comput ing resources as outf1ned In the College's Computer and
Network Use Polley a nd its Electro nfc Information Publication Policy, av.ailable at the College web site
(http ://www .wes ley.edu) . Violations of these policies mav be grountis ford isclplinary aclion and/or
prosecution as permlued under local, state and fedlc'.rallaws . Misuse of College Information sys.terns is
prohibited . Violations include but a re not limited 10:
Using a computer account that belongs to another indMdual
Modifying, copying, or deleting programs or data wittiout proper authorizatfon
Using College'.resources for commercial p\Upose~ and/or for per sor,al profit

CONFIDENTIALITYAND REPORTINGPOLICY

Wesley College officlals. de pending on thei r roles a t the College, have varying reporting respo(lslbilities
and abllltles to malnta,n confiden tlality. In order to make informed chokes , one should be aware of
co nfide ntiality and mandatory rep orting requtr ements when consu lting campus resources. On camp us,
some resources may maintain confidenti ality, offering op tions a nd advice wil11outany obligatio n to
inform an ou tside agency or indfvidual unless you nave requested Information to be shared . Oth er
resourcesexist for you to report crimes and policy violations and these resources wtll take action when
you report vlcliml1atloo t o them . Most resources on campus fall in the middle of these two extre mes;
neithe r the College, nor the law, requi res them to diVulge private information that ls share d with them,
except in rare circumstance s. The following describes the reportin g optioris at College:
Confidential Reporting
If a reporting party wou ld like the details of an incident to be kept confidential , the reporting part y may
speak with off-cam pus local rape crisis counse lors, domest ic v(olence resou rces, local or state assis tance
age ncie s, [or on or off•campus members of the clergy/chaplains) who will maintain confidentia lity
except jn extreme cases or immediacy or threat or danger or abus.e or a minor. Campus counse lors are
available to help free of charge and canbe seen on an emergency basis dur ing norma l business hou rs.
These en1ployees will subm it ano nymous statistical informa tfon for Clery Act purposes unless they
believe it wou ld be halmful to th.err client, patient or parfshioner.
Formal Report ing Options
Alleging parties bringing an investigation forward are eJlcouraged to speak to Wesley College Title IX
Coordf11ationTeam to ma~e formal repo·m of incidents of sexual misco nduct. The alleging pany bringing
an invest igatton folW'afd has the right, and can e.>1pe.ct,
to have the inclderJl ta~en seriously by the
College when formally reported, and to have t hose incidents Investigated and properly resolved through
these procedures . Formal reporting still affords privacy to the reporter , and only a small group or
officials who need to know Willbe to ld. Information will be shared as necessary with inveWgators,
witJ'esses and the respondlng party . Tbe circle of pe!lple with t/lis ~nowledge will be kept as tight as
possible to preserve the 1ndividual's rlghts and privacy.

Circunwenting logon -or other securi ty rr1easuies
ADDITIONAL POLICIES:

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0

16. Unauthorized possenlon, ignition, or detonalton of any explosive devlGe, lireworks , liquld, or objecl

educat ional respo,,siblllty of the College community or the College' s soclal/ educaUonal activitle& are

that is flammable or which could cause damage by fire or e~plos,on to persons or property on College
pro perty .

proh ibited . Violations Include but are not limited to :
Ush1gabusive, Indecent, profan e. or vulgar language

17. forg,ng, altering , or misusing College documents , rorms , records, or identifi cation cards, or lssuance
of a check to the College or l ts contractor s without sufficient funds

Oisorderty classroom conduct that obUruru , interferes With, inhlblU and/or disrupts leaching
and/or classr'OOmactivities

18. Gambling o r playing card.s for money stakes.

Partici pating in an on -campus or off -camp us demonstration or act ivity that dlsru pts t he norma l
operation of the College or infringes on the rights of other members-of the College commun ity: leading

19 . Lit tering

or inciting others to disrupt scheduled and/or normal actMtles within any campus building or area

20. llesldence Hall Violations include, but are not limited to , qu iet hours v,olatlons, guest policy
Obstructing the free flow of pedestrian or vehicular t raffic on College premises or at College

violations, proh ibited items, fallure to exit during a fire alarm , and exrting through emergency exits
when no evacua ti on emergency exists.

sponsored or supervised events

21. Smoking and/or the use of any t obacco products are not allowed in any campus bulldlng . Smoking is

8.0 - VAIIIOAUSMANO/ OR ABUSE/ M ISUSE OF PROPERTY

allowed only outside or the faolilies Where concrete smok ing receptacln are •va ilable.

Wesley students respect the property of others , and the property, faclfitles, and resources of the

22. Violating the off campus travel po licy for groups t raveling away fTomthe campus-,on a Colleee

College. Wesley College expects that Its students w ill treat the property of Wesley College and the

sponsored trip . The policy arid guideli ne5 are provided in the Studen t Organllatlo nal Man ual. ror ms fo r

property of ot hers with the same respect that

off campus spansored travel are available in the Student Activ ities Office, Student Life Office, and the

but are not lim lted t o·

lliey.would ask ot hers to show

to t he(TI. Violations Include

Safety and Security Office
Destroy ing, ddacing, damaging, or m isusing of pr ivate or College property (including misuse of
fire or life-safety equipment or property) or property belonging to another

23. Public Urinat ion or lewd or indecenr conduct.

Ma king' false alarms or reports where the person knowingly Initiates, communicates, or

24 . Entering or using College buildings, facilities, eq uipment. or resources, or possession or use of
College keys tor unauthorired purposes .

ctrculates a report of present. past, or fotu1e bombing, fire , offense, or other eme rgency thats/he

2S. Loiter ing. Oue t o fire safety concerns and for the persona l safety of students. loitering is not

organized to deal with emergencies ; or prevent or interrupt the occupation of a building, room or

permitted Ir, front of any residence hall . Any studt!nl who stands. and/or sits Idle in a group on the steps,

aircraft , automobile. or o ther mode of conveyance

knows Is false or baseless and that would ord inarily cause act ion by an official or volunteer agency

sidewa lk, or st ands or cor1gregat es w ith others in front of a reside11cehall will be consfdere d loiterin g.
Any student who violates this policy and/or refuses to move when reQUested hy Wesley College Security
or Residence Life staff (ACs; R.As)will

be assessed financ ially for 1110.0-

Failure to Comply .

9.0 - THEFT
Stealing property from Wesley College, another st udent(s), or any member or guest of the Wesley
College community is strictly prohibited . V1olations include, but are not limlted t o:

GOOD SAMARllAIIIPOLICY
The health and sa!ety of our students ls of the highest priont y At t imes studt'nts may F1eedImmediate

Stealing, or unlawfully taking possession of someone else's personal property wit hout prior
permission or consent

medical or other professional assistance. However , students m;;iy be relucta'lt to get help because of

An empted theft of another individual's personal belongings or property , or that of the college

concerns that their own behavior may be~ v11Jlationof the Student Code of Conduct. To mlnm11zeany
hesitation students or student organizations may have in obta ining help due to t hese concerns Wesley
College has enacted the following "Good Samaritan" provlsion
Alth o ugh pol lcy v iolations cannot be overloo ked, Wesley College w ill consider the positive Impact of
reporting an incident when determ ining th , a.ppropr,ate respo nse ror policy violations . 111
such cases,

any possible negative consequences for the reporter(s) of the prob lem should be evaluated against the

Unlaw f ullv enterfng another n uclent:'s residence hall room , wi t h 1heintent to burglarize the

room
Enter ing a college fac,lity or area, and removi ng property !"at belongs to the coll ege or an
,ndlv,dual without their prior knowledge or co nsent

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stuuents or student org.anizations from pa-r1icipatingin acts of hazing. "Hazing"ls dellried as: any action
or situatio n which recklessly Qrintentionally endangers the mental or physical health of safety of a
stode,11, or which willfullydestr<lYSor removes public or prfvafe property for the purpose oflnitiation or
admission Into an affiliation witl1, or as a concHliorifor conti11uedmembershli>in, any organizatfon
operating under the sanction of, or recognized as an organization by a11institution of higher learning
(for more information about the Anti-Hating Polley,please see the Student Organization Manual).
S.0- HARASSMENT
/COMMITMENTTO CIVILITY

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possible negative consequences for the student(s) who needed assistance. At a minim urn, studen ts or
stude nt organizations should make an anonymous report that would put the student in need io touch
with emergency care providers (Police, EMS, etc.). Exampleswhere this policy would a pply 1nclude but
are not limited to:
1.
A student is reluctant to call an arnl;,ulancewhen a friend becomes unconsclo-Usfollowing
excessive consumption of alcohol because the reporting student ls under the age of 2.1and was also
consumirig alcohol.

Wesley stude,1ts respect the bealth, safety, welfare and rights of all persons . Wesley College expects
tha t all students will act in a civil manner that reOects maturity, social responsibility, and respect
towards othe rs and the Wesley Community. Violations Include but are not limited to e

2.
A student is reluctant to report that he/she has been sexuallyassaulted because he/she had
been corisumihg alcohol and Is under the age of 21.

Acts of J11tolerance/lntimida1ion-verba1 , physical, written, ore.lectronic acu of intimidation
and/or harassment aimed towards any person or group on the ba~isof race, sexual orientation, religion,
ois;,biUty,national origin, or gender Is prohibited

PROCEDURES
FORSTUDENT
CONDUCT
ADMINISTRATION

Threats made- in perso)'I,by telephone , electronically, it\ writing or by other means, against any
person

The Dean of Stutlents shall have primary authority and responsibility for the adminlstra.tlon of student
discipline at Wesley Collegeand for inve.stigatingallegations that ·a .student has Violated College rufes
and regulations, or specific orders and Instructions Issued by an administrative official of the College.

The use of social networking websites to harass. stalk. threaten, or in any way intimidate
another student

Any member of the College community may file a cornplair,t against a student for violations of the
St udent Code of Conduct. The report shall be prepared in wrfting and submitted to the Director of Safety
and Security. An'( complaint should be submitted as soon as possible after the Incident takes place,
prefe rably within two business days.

6 .0 - HARMTO PERSONS

Process Overview

l\ctions which result in physical ham,, have the potentia l for physicaltyharming another person, which
crea te tor1ditionsthat pose a risk.or physical harm to another, oc which cause reasonable apprehension
ol physical harm are prohibited. Conduct wl\ir.hthreatens 10 cause harm to perso~s, or (areates
hazardous conditions for persons, such as dropping, throwlng, or causing objects or subsrances to fall
from windows, doors, ledges, balconies or roofs-is also pro-hlbited. Violations lnclude but are not limrted
to:

Any violatio11sof the Wesley College Student Code or Co11d
uct most be reported through an rncident
report. The report may come !ram a campus Safety & Security Officer,a Residence life staff member,
LawEnforcement Officer,Wesley College student, or any other member or the Wesley College or local
community.

Making racial orethn lc sturs; making slurs against another's sexual orientatic,n or rellgTon

fighting
Inciting fights, assaults, acts of sexual violence. abuse, or threats
Language that is designed, or has the imoact of lncitlng others ta violate this policy
Endangering the health or safety of other pe.rsons, including, QYway of example, unauthori1ed
throwing of any objects in or from College facilities
7,0- DISllUPTIVE.ACTI
VITY
Disruptive activities or disorderly conduct at a campus ae1ivityor on College-owned or controlled
property or at a College-sponsored or supervised function whit h inhibits or interferes wit), the

Standard of Proof
Ttie Conduct proc_essat Wesley College, like many colleges and universities,operates based on a
"preponderan ce of evidence" as the "standard of proof." A preponderance of evidence is rlescrlbed as
enough evidence to rna~e 1tmore lfkelvthan not that the accused student has violated the Student Code
of Conduct.
Educational Conference
Once an Incident or vioJalionof the Student Code of Conduct has Ileen reported, the nrst step wlll be an
EducationalConference. Educational Conferences are heicfby trained Conduct Hearing Officers, wllfoh
rnaybe an Area Coordinator, Student Ufe staff member, administrator, or faculty mern ber. The O.irettot
of l\esidence Lifeor Dean of Students willassign each accused student a ConduceOfficer for the ir
EducationalConference. Parerits are not perm!tteU to attend Educational Conferences with students .

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Duri ng the Educatiorial Confefence , the accused student(s) and the conduct officer will meet to
info rma lly discuss the incident, and the student(s) will be given tl)e opportunity to explain his/her
version of l've11ts. 111the e11entthat the conduct office r determines that a policy has NOT been violated,
t!'len the case and any related conduct ct>a.fgesmay be dismissed . !f the conduct offic .er mai nta ins that a

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Possessing 01 use of alcoholfc beverages in proh lbited ar eas of the College except In a residence
hall room occupied by residents and guests legally permitted to consume such beverages, w ith t he door
closed. Every Ind ividual rn the room or apartment must be of legal age
UNDEF\AGEuse. poss=ion , or consll mpll on of alcoholic beverages

policy tias been violated , the accused stod ellt(s) will be given two opt ions : The first option is to accept
responsibility for vio1ating t~e policy; thus, waivlng the right to a formal Co,idUCt Board Hearing, and
having tt>e conduc t otficeris .sue the student(s) hfs/her sai,ct ions (outcome). When this occurs, the case
is conside red RESOLVEDat t he conclus ion of the Educational Conference.
Students may NOT appeal the outcome of an Educatlonal Conference, since the student Is essentia lly
ta~ing responsibility for violating the Code ot Cond uct, and they ~re waivfng tllelr rlght to ii. formal
conduct hearing . Additionally, at an Educational Conference. the student is either info rmed of fhe exact
disciplinary san,tions bet"g imposed , or at a mif\lmum, they Wiil be given a range of possibJe sanctions
being considered, before the student is required to accept responsibility or request a formal .conduct

Providing or serving alcohol to minors (less than 21) is prohibi ted lncludlng being iri the same
room as a minor with alcohol present
The

use of atcol\ol

by any pelson residing in the room if a resident is underthe age.of 21.

A students who ls legally permitted to consume alcoholic beverages, having more than six (6)
individua ls, also of legal age, present in their room or apartment when alcohol is beirig consumed
Possessing kegs-of beer, or other large volume contairiers, that enable coosumptiori of excessive
amounts of alcohol, and related paraphernalia , that are prohibited

hearing .
Students of legal age are permitted to bring alcohol into the. residence halls In reasonable
Students who do not feel as though they have vlolated CheStudent Code of Conduct, have a second

quantities for t heir own use. "Reasonable quantities • is defined as not to exceed one 8 oz.. bottle of

option , which is to request a formal Condud Board Hearing . All stud ents have a right to a fair and

liquor per person, Iix cans/bottles of beer, or wine coolers per person of legal age not to exceed 24

objective Conduct Board Hearing.

bottles totaf o r two bottles of liq uor In the room

Conduct Board Hearings

Presence in al) area wh ere alcoho l/,; beverages are present

A Conduct Board Heating will occur when the a~c,used stude.nt(s) does not fee l he/she is responsible for

Possession or consumption of alcohol at arw College !unction or activity

violating 1heSt udent Code of Condu ct
Misconduc t of a1Jyform as a result of intoxi cation on campus or at College sponsored activitie s
Conduct Boa,ds

while under the influenc e of any amount of atcol)ol or Illegal drug

Conduct Soard Heari11gOfficers are thorough ly trained facutw membefs , staff members, and students .•
Students who wish to serve o"

the conduct

Public io101tlcation

board , may apply through the St udent Affairs Office . In

order for a st11dent to be selected , they must have a dean student conduct record , and ,nay not be on
any disciplinary probation status . Students must also be in good academi c stand ing, w ltfi a minimum
2..50 cumulative Grade Point Average . fliglble students will be interv iewed by the Director of Residence
Life, or a deslgnee, and members of the Stud ent Affa irs sta ff , The re w ill be a poo l of tratned faculty ,

Possessfon of open containers of alcohol
OrMng Under th.e tnfluence of Alcohol/Driving Wh ile 1ntoxicatecl

3.0- DRUGS AND/OR DRUG PARAPHE.RNALIA

st aff , and student conduci board members .
lflegal possession, use, sale, or distribution of any quant ity , whethe r usable or not , of ,my drug, narcoti c,
Each Conduct Board fo, Individual incidents or cases Will consist of th ree (3) Conduct Board Hearing

or controlled substance and/or paraphernalia. h prohibited . Students found present wt,ere drugs are

Officers . A Conduct Board may consist of t'1e fo llow i ng composit ions:

being used Illegally, whether part icipat ing or not , may also be i11violation of this policy .

One faculty member, one staff member , and one student membe r
Two faculty members, and one student member
Two Staff members , and one student member
Three 'faculty/Staff members (no stud ent membe r)

4 ,0 - HAZING POLICY

Engaging In hazfng or Voluntarily submitting to hazing. Including an initi ation by an organitation tt>at
Involves any dangerous , harmful , or degrading act to a student is prohibited . Violation of this policy
renders the studenc(s) involved and the organization subject to discipline. The Wesley College A11l1·
Hazfng Policy is in direc t compliance with the State o r Delaware Anti -hazing Law, and forbids individua l

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reasonab le effo r\5 to comply with such a directive will be consfdered a violat,on in itself, both by the
officers , leaders or organization, and by the group or organization itself.
Purpose

While members of this community co,,tribute a diverse mlx of Ideas and ·backgrounds, we hold in
common those Codes of Co11ductthat exemplify personal integrity and ethkal behavior and which
advance the mission of the College, Its traditions and values , The Student Code of Co,,duct represents
both the rights and r~sponslbilfties o f individual members of the Wesley community and the. good of the
commtini1y, and makes it possible for a diverse student body to live, interact and learn together .
Pur pose o{ Wesley 's Student Code of Conduct.:
l,
Tile Student Code of Conduct helps to motivate good behav ior, enhance respect for individual
differences and emphasize a comml tm entto the overall positive welfare of the community .
2.
The Stu dent Code of Conduct represents limlts and describes e~amp les of behaviors that are
unacceptable conduct of students at Wesley College and their guestS .

3.
The Student Code of Conduct ass ists students in learning how to .assume public responsibilit ies
beyond the cam pus and 1n socie ty.
Students may be charged with violations of the StutfentCode of Conduct by any faculty or staff member,
incl uding Resident Assistants, Resident Directors or Safety and Security Officers. Specific examples of
misconduct for which students mav be subjeci to disciplinary action include, but are nor limited to, the
following:

("

Students war,ting a Conduct Board Hearing will need to com plete a ''Request for a Conduct Board
Hearing form." On the form, the accused student(s) (or the victim in sexual misconduc! hear ings) mav
Indicate thei r preferred board composition , among the aforem~ntionecf optio ns. While efforts will be
made to co~vene the requested board composition, due to indiv idual schedu les Wesley cannot
guarantee tt,at the prefer red composition willbe availijble, .o.11
of this will b.e tt>oroughlYe~plained
during the accused student's Educationa l Conference .
The student may also indicate lf they wish ro have a "Full Conduct Board Hearing,• or a "Sanctlon Only"
the case of full Conduct Board Hearfngs, the board will determine if t he
Conduct Board lolea rlng. 111
accused student has violated any policy .or policies. If the board finds the accused stude nt responsible
for violating one or more policy, they will also delerm ine the appropr iate disciplinary sanctioning
(outcome) . A student mav opt for a •sanction Only" Conduct Board Hearing, when their responsi bility
for the violation has a lready been acknowledged (for example, they have already accepted responsibil ity
for the Violation); however, they do not wish to accept the sanct'ions being offered at the Educationa l
Coofe1ence. 111
these cases . it is the Conduct Board's task to dete rmine the appropriare disciplinary
sa nc.tloning.
Every effort Willbe made to ens,1re that each accused student is given a fair and objective Conduct
Hearing. Part of thi, will be making sure that thece are no conflict~ of interest between a board member
and an accused student (i.e. the accused student's academic advisor being on the board, accuse d
student in a board member's academic discipline, accused student having a personal friendshi p with any
board member, including the student member, etc .). Board members are tra1ned to excuse themselve~
if the re Is a signlflcantconnict of interest. Should the. accused stu d ent feel a conflict of inrerest may
exist, they should Immediately b1ingthis to the atrention of the Oirecto, of Residence llfe or Dean of
Sl!Jdents, upon receipt of the !,earing not,ce .

J..0 -ACADEMIC HONESTY
Appeal Procedures
Wesley students obse,ve the highest princlples of academic Integ rity and support a campus
environment conducive ro scholarship . Wes ley College expects tliat a ll students will act In a manner
that reflects personal and Intellec tual honesty. See the Undergraduate Catalog for specific policies and
procedures .

l.O -ALCOHOL VIOLATIONS
Possession or consumption of any alcoholic beverage by persons underthe age of21 ls prohibited ,
Students and student organiiations must comply with the published regu lations, and any and all
applicable law,s, concerning lhe rranspon, disp lay, p1ovlsion, possesslon , and col\s umpt lon of beer,
wine, and other aicoholic beverages . Other examples of violations of this J)olicyinclude but are not
limited to:

Studen .ts who wish to dispute the outcome of :aConduct Board Hearing. mav appeal their case to an
Appellate Panel, Which is chaired by the Dean of Students and consists of two additional college official~
appointed by the President of'the College.
To initiate the appeal process, the stUdent must complete an Appellate. form and submit it to the
Director of Residence life, or a designee, wlth1n ten (10) College Business days from the • txit Date"
noted at the bottom of the Sanction Assessment Form rhar the stude1Jt received following their co·nducr
Hear ing. An appeal must cortta111complete justificat ion and detai ls about Why the student feels an
appeal shou ld be granted. An appeal is not a rehearing of the original case . 111
order for an appea l to be
reviewed by the Appellate Panel, the following criteria must be met:
1.

A subs tant ive procedural error ·occurred that.significantly offected the outcome of the !>earing.

Possessing and/o r using, wlthout aulhOliza tlon according to Colh:>gepolicy, alcoho lic beverages

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New evidence that was not available at the time of the hearing , Which, if Introduced, woufd
s1gniflcantly affect the outcome of the hearing .

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The Saoction is sign,ficanlly inconsistent with institutlonal guidelines and/or past orawces ,

I,.il is det ermined

that there Is just cause for an appeal by meeiing one or more of the criteria listed

STUDENTCODE Of CONDUCT
Th.eW esley College community S1rivesto realize a holistic campus environment of common purpose,

above , the Director of Residence Life, or a design.ee, will forward the entire case file to the Dean o r

caring, to lerance , lnclu~iveness, responsibility , and service th at is the heart of the community, The

Students , Chair or the Appellate Panel. The Appellate Panel will review all or the documer1ts related to

Student Code of Conduct outllned in this Handbook provides a framework for student behavior and

the case, hearing. and sanction assessment, and will take one of the following two aetions:

responsibility . Once a studen t Is accepted to Wesley College through the Admi.ss1onsprocess. they are
considered a "st udent : and are subject to the Student Code of Conduct and all Wei;ley Policies and

r.

Afnrm the decision of the original hearing body

Ii.

Remand the case back lo the Conduct Board, with Inst ructions.

All decisions made by the Appellate Panel are flNAL.

Procedures . This includes all stuJJents on the main campus, as well as students enrolle d at Wei;ley
College New Castle (WCNCI and Dover Air Force Base (DAfB) ,
All the policies in the Student Handbook are subject to change and students should consult the website
for the latest policies . These regulations are designed to gllft' students gener.al notice or prohibited

PROCEDURES

conduct and shou ld be read and inte rpr eted broadlV, as they are not designed to define the misconduct

The following procedures will be followed In any case. which results in a hearing before the Conduct

in exhaustive terni s, Each student is expected to be fully aw are of the Stud ent Code of'Conduct and all
published policles , rules, and regulations

Hearing Board ("Board")

College Disciplinary Hearings are not legal proceedings.

All students are expected and required to obey the law, to comply w ith the pohcies of Weslf'y College

1.

The accused student will be given written notice of the following :

a.

The alleged vlolation(s)

Students are responsible for complying with the Swdenl Code of Conduct and for representing the

b

The date and place of the Hearing

advf'rse effect on the College or on tl>e educational process. The Student Code of Conduct shall apply to

l,

The student is entitled to appear In person before the Board to defend against the charges. If

and w ith directives issued by an administrative official in the course of his or her authorized duties .
College in a positive manner. This expectation Includes off campus conduct that is likely to have an

the stu dent elects not to appear, the Board will reach Its decision on the basis of ln formar lon available
lo it at the Hearing.
3.

The student or the College rnay request that witnesses competent to givetestimony relevant to

the specific charges preferred, be called to testify before the Board. Written or tape recorded
statem ents, rat her than personal testimony

by witnesses before the Board, may be permitted at the

Board 's discrethm wh en extenuating circumsiances prevent the appearance of a witness . failure of a
witneu to be present at the time of the Hearing, except in e>ttenualing circumsta nces, will not be
grounds to delay the proctedongs.
4,

The Conduct Hearing Board may accommod ate concerns fo r the personal safety, well -being,

a student's conduct even if the S1udentw ithdr.aws fr om school while a disciplinary matter is pend ing .
The Wesley College campus is located with in the ju risdiction of the Dovf'r City Police Department and
the Delawa,.e State Police. SIIJdents are encouraged to ut ilize police services when necessary. The
College will c-0opef8te w ith law enforcement agencies in th e conduct of their jobs and will not in any
way interfere or o·npede their efforts. Furthermore. it is a violation or the Student Code of Conduct if a
student fails to report immediately any serious health or safety risk to the Dover Police. Wesley Security,
th e Dean of Stud ents Office, or other appropriate college personnel.
students rnav be held accountabl e to local, state, or federal authorities and lo the College lor acts that
constitute violations of federal, state, and/or local laws and College policy . If a student is charged by
federal, state or local authori ties With a viola tion of law, the College w ill not request' or agree to speci al
consideration for the Individual because of his or her status as a student , Disciplinary proceedings may

and/or fears of confrontation of the Complainant , Accused Student. and/or o ther wit nesses during the

be Instituted against a stude nt charged with conduct that potentially vlolate 5 both the criminal law and

hearing by providing .separate facili ties. by using a visual screen, and/or by permitting part lc,pation by

the Student Code of Conduct without regard lo pending cl\lil or criminal lttigation In court or criminal
arrest and prosecution

telephone, videophone, closed circuit telev1slon, videoconferencing, videotape, audiotape, written
statement, or other means, where arid as determined ,n the Judgment of the Dean of Stud ents and/or
Conduct Hearing Board to be appropriate .
S-

The College's case will be presented by the Dean of Students, Director of Safety & Security, or

designee, who may as~ quesltons of any wi tness

Students. as individuals, and collectively, as members of student groups or organj1atio11s,are
responsible ror complying wi th the established Swdenl Code of Conduct. The officers or leaders of a
stud ent group or organization may be directed to take appropriate action designed to p_reventor end
Violations bV lhe group or organization, or by any persons associated with the group or organization,
wt,o can reasonably be said to be acting on bt!half o f the group or organization. fatture to make

6-

The student may fnvite an Individual of his/her choosing to a~sist ir, answering the charge(s) and

to be present throughout the Hearing, as an advisor , The advisor's role in the hearing Is limited. He or

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she mav write notes or whisper to the student. The advisor is not permitted to directly address the
members of the hearing board or anv witnesses . The advisor may not offer any te stimony to the
Conduct Board.
7.

The Complainant, Accused Student and his or her advisors, if any, ~hall be allowed to attend ih e

entire portJon of the D,sdplinary Hearing at which informat ton t~ received except deliberations (except
when the board feels this presents safety concerns I.
8,

The student may detllhe to aiu;wer questions askedby members of the Board. However, in such

a situation. the BQard shall make its decision on tl,e basis of informatfon available at the Hearlng .
9.

The Board shall not be bou11dby the rules of evidence used in the conduc t of tria ls and courts of

law. Hearings shall be open only to members of the Conduct Hearing Board, the charged student,
advisors and witnesses . Witnesses shall be present only durin8 the time they lire present ing testimony .
10. The Board s~all make an appropr iate record ofthe proceedings and this record shall be available to
the accused upon his/her request; however, it ni~v not leave the Dean of Students Offlce or Office of
Student Affair s, Board Hearings shall be t.)pe recorded ir1 ttielr entirety . Follow ing the Hearing and
during the appeal period, the stUdent and/or advisor present throughout the Hearing

may listen to the

tape in the Dean or .Student's office . Recordings of Board Hearings will be deleted after the appeal
window or appea ls process has ended .
The 2015· 16 We sley College Student Handbook is availil Qle onl lne on the Offic e of Student Affairs
website at :

11 . At the conclusion of a Hearing, the Board members shall meet in closed session to determine its
decision . Tt,e advisor may not be present during deliberations. If the student is found responsible of
violating the Community Standards, the Board shall consult with the Dean of Students or Director of
Residence L1feprior to determ ining a sanct ion or censure..

http:/ / wwwwesiey .edu/?id ~122

U . Tne student shall be promptly informed of the decisfon by t~e Chair of the Board. W ritten not ic~ of
the decision shall be sent to the student by a representat ive of the Conduct Board within three (3)
working days.
13. Students suspended for community st andards violations may not withdraw from the college in lieu
of suspension .
14. The student may elecl 10 waiVe any and all of the above rights . Such waivers shall be put in wrlt ing
and made a part of the reco(d of the oroceedfng .

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HISTORYOF WESLEYCOLLEGE
Founded in 1873 as a preparatory s.:hool. Wesley Collegi: has a covenant relationship
with the United Methodist Church. The College offers J() bachelors, four as5ociatcs. and
master·s degrees in nursing. i:ducation, business administration and environmental science in a mullidenominational. multi-cultural campus si.:tting.
Wesley Colleg.eand its athletic facilities arc located on 50 acres in historic Dover, Dela,,are . Dnwr is the capital of the nmion·s first stall.:am.Ihns 35.000 residi:nts. The campus
is ~iluatt!din Dovcr s major residential communit) 11 ith stores an<lbanks in e~y walking
Jistance and malls a short commute. In addition to being. the site- of many
prc-Rcvnlutionary War buildings and sites. Dover il>also the home of Dover Air Force
ll11seand Dover Downs lntcrnational Spccdwa). \\hich hosts two annual NASCAR rnccs
Mo-;1of the.:( 'ollcge·, 2.300 srudents ( 1.400 traditional and 900 adult full-time! come
from th.: Middle 1\tlantk region. fhc majnrity of lllll time studems enroll direct!) from
high school. hut the College docs provide programs for nontraditional students. Wesley
allmcts students in1erestedin a personal approach to learning. with a 17: I $1Udentto facult) ratio.
WESLEYCOLLEGEMISSION
Wesh.')' College i.f tr United Metlw,list imtituti o11of Mgh er education that seek.'>to be
11111
tmg the .fint!st student-centered learning com,,wniti es in the liberal arts tradition.
Consistent 1<
•ith our Methodi ,( I heritage, Ille Cn/lege affirms meanin g am/ purpo se i11
life througl, j ustice. compas sion, inclusion mu/ social relpon sibility that enha nce
cummuni~v life and re.fpect fo r the 1.m11
ironm e11t. Wesley College exists to liberme and
emp ower its stutli!nts with the k11nwledge. skills, ethical attilurle.5 and capacity f or criti1:11
/ thinking needed to acllie11
e personal t111d profess ional g0<1ls and to contribute to tlle
local and global society.
WESLEY COLLEGESTUDENT LIFE MISSION
J'he missfon or the Student Life Division is to provide all students with a challenging and
supportive College community that cncouragcs responsible choices. fosters intellectual
growth. and enhances personal development at Wt:sley and in the world,
The purpose or a college experience is 10 help students grow and develop as whole per.sons: academically. imcllectually. emotionally. personally. socially and spiritually. Wesky hclieves that student development can be enhanced by ~timulating individual growth
rather than hy controlling individual behavior: b) encouraging creativity rather tha.n stilling initiative: by supporting personal responsibility rather than din:cting individual ded$ions. To this end. the College offers the skills. knowledge. :md expertise of faculty and
staffw help students make mature and rcsponsiblc decisions about their lives. Within this
proce~s. the College has the respon...,ibilityto challenge those decisions it believes are not
in the best interest of the student or the community,
'I he College seeks to create a sense of genuine community timong faculty. administration.
stull: and studcnts. Communit) can exist only ,\here each pcrson respects the rights.
knu1vlcdge.and opinions of others: communicates openly and hone...,tly:and shares a
commitment to work together for the common good. The College:
L Encourageslearningand ~elf-direction
2. Stimulatcs the quest lbr knowledge
3. Providesthe orderly$lructure ncces~r)' for harmonious campusfunctioning
4 Protccts the rights. privileges. und individuality or each person
5. Endorses tht! highest principles of moral and ethical hchavior

 STUDENT PROGRAMS AND SERVICES
ACADEMIC SUPPORT

Wc:Sll!)College is proud of its tradition of individual aucntion and academic support for
each student. lhe Department of Academic Support seeks to assist all students in their
4ucs1 li>racademic C?(Ccllcnceby providing comprehensive services and individual support. Programs and services ure designed 10 help ~tuuents respond effectiwly 10 specilic
,1c1.11kmic
challenges and rellect 1hc Weslc) College mission of imparting s1uden1
s with a
desire for litclong lcarni~~fhc Dl'p:lrtm<.'ntof J\cadcmic Support. located in Parker Librat) I07. provides :>.broad
range of academic s11pnontor all Wesley students thruughout their entire college expericnce. l hc~e programs include a first-year mentoring program. ( FASTrack.) Seminars for
Acatlemic Success. Supplcml!ntalInstruction. peer tutoring in suhjcct areas and in writing
across 1hc curriculum. Disability Support is offered for all students with documented
disabilities providing cquul accl!Ssto all areas nf compus lifo.
fhc: Ocpartmcnr of Academic uppon assists studcn1son their path to academic success
with the following resources. programs und individual support:
Full time protessinnal ~1aff
Dedicated ~tudy area with wireless Internet access
Peer tutoring for subjects across the curriculum
Seminar Series for college learning strategics
Writing Center with 20 computer stations
,\cadcmic accommodations through Disability Support Services
Career Scrvicl!counseling
Supplemental Instruction for specific difficult courses
BOOKSTORE

fhc College Bookstore. located on the ground noor of the College Center. contains a
complete line of required textbooks and colkge supplies. Additionally. there are items
such as clothing. sweatshirts. class rings. and greeting cards for sale. Normal hours are
9:00 a.m. through 4:00 p.m.. Monday through Friday. Special hours are established at the
hcginning of euch semester 10 accommodate students purchasing Le"<tbooks.The
Aookstore , hould be contacted for special orders and hours and to order books on line.
CAREER SERVICES

Career Services provides coun~eling and resources 10 help students select a major. explore careers. and search for graduate school and employment opportunities. lndividuul
nppointments and group workshops are available on topics such as resume and cover
letter\\ riting. networking. and career planning on the Internet.
CHAPEL

E:.cumenica
l Cl1apel Services arc held on a regular basis 1n the College Chapel on
Wednesdays during the academic year. Students. faculty. and staff from a broad cross
section of faith traditions participate in Chapel in a variety of ways. Chapel services arc
in1cndctlIO supplement. not replace. panicipation in a local church or religious group.
Ihe Chuplain should be contadcd for informationabout local congregations.
CHURCH RELATEDNESS AND RELIGIOUS LIFE

Wesley College is related by covenant to The United Methodist Church. Although
non-sectarian in admissions and hiring. Wesle) ·s connection to the Church i~ apparent in
its ,alue-based student life. active College chaplaincy. and participation in national
Methodist programs. such as
Llnitcd Me1hodis1Loans and Scholarships Programs. United Methodist Senate. Education

 '\
Covenant Partnership and the 8usinC$SEducation Initiative. Wesley College is connected
10 the Peninsula-Delaware Annual Conference through the Conference's annual meeting
where it siL~as the Corporate Session for the Colkgc . The Contcrence is represented on
the Board of Trustees by ~everolclergy and lai1yof the Conference.
COMPUTER USE

In support of its mission or teaching. rc~ean:h. and puhlic research. Wesley College pro' idc,; computing. netw<1rking.and inlonnation resources 10 thc Collcge community and
,,orks to create an intellectual em ironmcnt in \\hich users may feel free 10 create and to
collahorotc "ith colleagues both at Wesk> College and at other institutions. Access to
the Culkg,c·:- cc1mpu1ingfacilities is u pri\'ilcgc granLCdby the College. fhc College re~avc s the right to limit. restrict. or extend computing privileges and access 10 iL~information resource~. All member,; of the College community ,,ho use the College·~ computing and infonnation resources must act responsibl) to maintain the integrity of these
resources. ,\ccepting any account and/or using the Wesley College infonnation systems
~hall constitute an agreement bet\\cen the user and the College to abide by the provisions
in these Guidelines and all or the Collegc·s policies governing computing resources.
lncse policies include the College's Computer and Cl\\ Ork lJ.e Polic) and its Electronic Information Puhlication Policy. available at the College web sile
(http ://\\" w." esle) .edu).
COUNSELING SERVICES
Recognizing thac lhc college years arc a time of transition and developmc_n
t. counseling

:-crvices arc available at Wesley College to help students navigate the difficult transitions
and changes at this time in their lives.
Individual counseling often includes assisting students in overcoming their current pcr~<lnalond educational concerns. II can also provide a preventative function by hdping
students anticipate situations that may hinder thdr gro,q h and by planning constructive
interventions. Students in need or ps) chiatric services are referred off-campus to prot'essionals in the Dover community.
STUDENT FINANCIAL PLANNING (FINANCIAL AID)
The education )OU receive at Wesk) College is a major investment of both time and
monc). The 011icc of Student Financial Planning is available to assist )OU in obtaining

lcdcral. state. and institutional anJ alternative funding for your studies through the dissemination of available infonnaLion. Wesle) participates in the follo1\ ing financial aid
programs:
fede ral Programs
Pell Cirant
Supplemental Educational Opportunity Gr.tnts (SEOG) (limited funding)
Academic Compl!lithe Grants
SuhJ;it.li1.ed
Stafford Loan
Un:-ubsidi1.ed• lalford Loan
P\!rkins Loan (limited funding)
Federal Work-study (FWS) (limited funding)
l'urcnl Loan for Undergradua1cStudents (PLUS)
tate Progra ms
Delaware State Grants•
l'cnnsylvania State Grants•
*Residents must meet indi, idual state's F/\FSA filing deadline. Sec the appropriato:year
F/\FSA IC\rs1a,e·s specific filing deadline.

\

 Institutional Programs
Renewable Scholarships (Administered by the Admission Office to ne,~ly admitted
s1u1.k
n1s only)

Wcsky Grant (a need based grant awarded to eligible students)
Cmlowed Scholarships (must do scholar~hip application onnually. The average award
is $500/ yr.)
Wmk-:,hip(n student work program with limited tundrngJ
Alternative (Private) Loan Progr:ims
Set! the Otlicc of Student Pinoncial Planning for information.
roapply for financial aid you must...
AnnualI) follo" the ,teps listed helo\\ 10 facilitate the 1imel) processing of all aid th:n
)u u are cligibk for. Federal and institutional aid is awarded on a first come. first se rve
hasb 10 eligible applicants.
tep 1- Complete ytiur F'AFSA online (www.fafsacd.gov) or Free Appl ication for
Federal Student Aid (PAPSA) pap er form for the appr opri ate year . Be sure
to list Wesley College federal code 0014 33 . as an institution to receive your dalll
elcctronitall). Note: Completing the PJ\FSA ,~ill allow the Federal Processor to
assess your eligibility for Pell Grant and the College to determine your eligibility
for other rypcs of aid.
Step 2- Complete the Wesley College Financial Aid DATA SHEET and return it to the
Student Financial Planning Office.
Step 3- Submit )Our: Federal and/or Alternative Loan Application(s) 10 the Financial
Aid Office expeditiously. Note: Federal Loans consist of the f ederul Stafford
Loan (for undergraduate and graduate students) and the Federal PLUS (a loan
for which parents ordependent students may apply for on behalf of enrolled
dependents). Some Alternative Loan information is available in the Pinancial
/\id Otlice. You may also consult your bank for alternative loan infom1atio n.
S tep-' - For Students who plan to borrow a Federal Stafford Loan for the firs t time at
Wesley - Complete a Loan Entrance Interview on-line at
hup://mapping-yourfuture. org/entrance counseling/?act=intro
The priority tiling deadline for all financial aid forms is February I of each academic yeur.
FOOD SERVICE

All resident students arc r.:quired to purchase a College Board Plan. Upper class students
have a choic.: bctween the traditional meal plan pro, iding up to 19 meals per week (3 meals
pcr day. Monday through Friday. and two mcals per day on Saturday and Sunllay: brunch
and supper) or a modified meal plan providing up to 14 meals per week. Residents of Zimmerman I lall and the Bcllmcycr I lonors I-louse have the option of choosing a special meal
plan de!'-ig.nedfor them. Freshmen are required to have the 19 meals per ,~eek Board plan.
Non-rcsidcnt stullents desiring to utilize the dining hall services may purchase n.:xiblc
eommurcr meal plans at the Business Otlicc or purchase individual meals at the lJining
llull.
Inc lbod service not only operates the Dining Hall. but the aflcrhours Club Simpson curt:, the
Wolverine Stop convenience store and a Java City cofTeecan which all accept meal plan
points provided on each plan. Overall. the food service provides a plea~ant dining atmosphere. nutritious..balanced meals. and a menu ,,hich appeals to various students· interests.
Swdents r<!quiringspecial dietary needs or alternate meal schedule considerations due to work
nr d ,L~S schedule should make arrangements dircctly with the food S\!rviceoflice at extension
2452. Students arc encour.,gcdto take suggestionsand 1.'-0nccms
to the Food Committee which

 )

meets momhly.

WESLEYCOLLEGEHEALTHCENTER/ HEALTHSERVICES
The College Health Center provides ambulatory and urgent health care to all full-time
students. The center is open from 7:30 am - 4:30 pm. Monday- Thursday and 7:30 am 12:00 pm on Friday, throughout the academic year. The services of the College phys ieiJ_n.Nur~c l'rnctitioncr, and the part-time Registered urse arc provided to full-rime
students without d1arge. The Center is located in Carpenter Ilall with thc entrance located
hchind Carpenter I lall.
In order to receive trcotment from the Wellness Center you must present a valid student
l D. It'~ou do not have your , tudem ID with you at the time of your appointment you will
bo::rescheduled for a later time. Please contact the Wellncs$ Center if you have any questi11n
s.
I he College physician has scheduled hours each week and appointments are arranged in
advance by the Colle_gcnurse. Throat cultures and other limited laboratory tests are done
in the Center. Students who require allergy injections will be referred to a local Allcrgi~1.
Limited 4uantitics of over-the-counter medication are provided in the Health Center.
Prescriptions. as ordc.:redb) the College physician. can be obtained at local pharmacies al
the student's ~pe nse. Referrals will be made 10 local physicians. clinics and dentists
when necessary. Students will be responsible for payment of these visits. All full-time
students must submit a completed tudent Health History and documentation of specific
immunizations prior to admission to the College.
n,e Director of the Wellness Center. stall and the contract physician may advise studcnL~to seek further medical treatmenr from a specialist or a PCP. Students with medical
conditions beyond the scope of practice of the Wesley College Wellness Center will always be referred to a specialist when appropriate. If 1he student's insurance requires -an
authorization to a specialist: it will be the student·s responsibility to obtain a referral from
their PCP.
The Meningococcal (meningitis) Vaccine is required for all incoming residential stud.:nts.
All r eq uired he alth forms mu st be submitted by August I. If yo ur for ms are not on
file in th e Wellne ss Ce nt er you will not be permitted to attend classes or r eside in the
residential halls. The required forms are the student physical form, health history
form, immunization form, and the meningitis form.
The following forms ure required by Wesley College Health Center and the State of
Delaware. These forms MU T be in the Health Center by August I" for fall admission
and December I" for spring admission. If your form s are not in the Health Center by
the deadlines, you will not be permitted to attend class or reside on campus.
Physical Exam

IMMUNIZATION FORM· signed by a physician. If you arc unable to provide the
dutes of your immunizations. you must provide documentation ofa titer/immunity.

I lcalth History Form
Copy of insurance card
PLEASc MAKE COPlES OF ALL FORMS THAT YOU MAIL INTO THE
I lEALTl-I CENTER
TRANSFERRING PRESCRIPTIONS'!
Ba)ard Pharmacy (302) 724-4497
Wal-Mart (302) 647-496 1
Walg.reens(302) 734-9303
rargct (302) 741 -0466

 )

Rite Aid !302) 678 -210 1
,\ cm!.' (302) 674-8392

T'heIlcalth Center does require a physical exam for all incoming s1udents.
Ph)sical examinations are required for participaiion on athletic teams. Athleh:s must have
ph)i;kals prior to reporting for camp. Inc I lcal1h Center lloes 001 provide physical cxi1mina1ions.
s with "class excuses for illnes.S''.Student~
111cC:nllege HealthCenter docs oot provides1udc111
rnust assumeresponsibilityfor tallJng directly 10 their instructors regardingclass absences due
to illn..:~s.
When the llealth Center is closed (ev.:nings .:ind\~t>ekcnds)und serious illness or injury
,H:cor
s. students arc seen ut the emergency ,.kpartment of Ba} health Hospital (less than
one mile from campus). Students using this facility \"ill be billed for services rendered.
1he I lealth Center doc5 not provide inpatient care. Prolonged recovery from illness or
injul) is not pem1ittcdin the residence halls.
Al~students are required to submit proof of health insurance by August I for fall admis~ion and December I for spring admission.
Th.: ,taff of the I lealth Ccnl<:rrccogniles students as adults and encourages the development or infomicd decision-making conc..-crni
ng health issues. Confidentiality is maintained.
If a student is eva luated in the Health Ce nter and advise d to see k further e merge ncy
med ical atte ntion they mu st be eval uate d by physicia n and cleared by the ph ysicia n
before they are allowed to come back into the residential hall. The Co llege Physician
on staff will not clear a stude nt in the event of an emergency .

Policy· Student Transportalion
Emt."rgcncytransfer of a student from the Wesley College Health Center will take place
via ambulanc<::
. The clinician/health care provider will l"UII9 11 for ambulance transfer
t 9-91 I ff using an on campus phone) and give the Wesley College I lealth Center address:
120 Fulton Street. Carpenter Hall. Cases will arise when non-emergency transportation is

indicated c11herto a physician·s office or to the hospital. The staff will make every effort
to .1ssistin appropriate transportation as follO\\S:

Via private auto with family. friends or followstudent.
Via Cit)' Cab (302- 734-5968)
Transport of students to thl! Hc:althCenter is primarily the responsibility of the student.
The Wc..~leyCollege Hc:althCen1er is not an emergency facility and does not accept patients transferred by ambulance. A student living on campus may call the Wesley College
I leahh Center stating that he/she is too ill for self-transport. The staff in the Wesley
College I lcalth Center will call the Security office to have EMS evaluate the student.
Students with an immediate/urgent meuical issue that live off campus and are unable to
get 10 the Wesley College Health C.:ntcr mus1call 91 I.
WESLEY COLLEGEPROTOCOLFOR EMERGENCY RESPONSE
If anyone on the Wesley Cullegt>Campus is having a :,eizurc. is unreswnsive . huving
difficulty hrcnthing. experiencing shonness of breath. or bleeding profusely call 9 11 immediately. Folio\~the BASIC lirSt aid procedures mainly to keep the individual safe.
I . CALL 9 11 immed iately
2. Call Wesley College Security :it 736-2436.The Securi ty Office will notify the Health
Center.
3. Stay Ca lm
4. C heck for medica l ale r t br acelet or necklare to help medic s asse ss sit uation .

 )

S. Prevent injury during a seizure; yo u can exercise yo ur common sense by in sur ing that there is nothing within rea ch that could harm the individual . Rem o, •e all
rhair s, tabl es or object s that may harm the individual.
6. If an indi vid ual is ha v ing a seizure, do NOT re strain the person; ens ure that th e
head is s upported. Remember to consider yo ur safety as well.

7. Do NOT place anyt hin g in a per son 's mouth if t hey are havi ng a seizure or if t he
per so n is unr espon sive.
8. If you find a per son unre sponsive and the y are vomiting. turn the per son on their
side.
9 . Do not give the per so n water , pill s or food until evaluated by med ical per so nn el.

10. Be sens itive and s upportive. and ask other s to do the same.
I his protocol is in place to ensure the safety nf :ill individuals that are on the Wcsle)
College Campus. Pleusc c.J
o not hesitate to ca ll 9 11 in an emergency situation .
If )O u should have any questions. pl..:asc call the Wesley Co llege Health O.:mer at
736-252 1 or 736-2412
Thank you.
Jill Maser . NP-C
Director of Heall h Services
Wesley College

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INTERNATIONAL PROGRAMS & STUDY ABROAD

Wcslq College looks to support the international students who have selected Wesley to
continue their academic career and 10 provide guidance and opportunities for all our srudcnts "ho wish 10 study abroad at some time during their collegiate career. Study abroad
pwvides a wonderful option for those who wish to experience another cuhure. further
develop their resume and challenge themselves overseas. The Intema1ional Programs
Office.:assists in the coordination of the study abroad program. in areas including applicati1ln. housing. aid and visa support.
The college is partnered ,~ith several institution throughout the world is a member of
al Student Exchange Program opening the door 10 almost 40 counISEP the ln1cmatio11
tries for our students and as an exchange program we also welcome international students

 lO

the USA.

LIBRARY
I he Parker Library houses materials common 10 all academic libraries: books, pcriodicols. microfortns, reserve readings. electronic databases. etc. Library staff members \\Ork
with the Fnculty 10 provide classroom instruction in Library use. Students receive assistnn1:c in locating information on an individual or group basis. In addition to in-house
material. 11cmsma) be borrowed from other librar.ic:
s in l)elaw.trc and libraries in the
Tri-State College Lihrary Cooperative. fhrnugh an international cooperative au1omatcd
intt:rlibrary loan s~stem. studems have access to materials worldwide.
fhe Parkt:r Lihra1: building also houses 'tudcnl Suppon Services. the Writing Center.
Counseling Services. tht' Ccunputc:r Center. pct:r tutoring. and the ..Mac Lab.""Each or
these operations is independent of the l.ihrat} "ith its O\\ n staff and schedule.

MAILROOM
ll .S. Postal Service mail is received daily (except Saturday & Sunday) at the cumpus
mailroom located on the ground lloor of the college center. All residentiai students are
assigned a comhination mailbo>..Mail to students should be addre$SCdas follows:
Studcnt"s Nume
Box_ _ _ _ _ (student"s box number)
Weslc) College
120 N. tatc St.
Dover. DE 19901
00 NOT use P.O. as pan of your address. This will slow down the process of your mail
with our local post ollice. Students are encouraged to check their campus mailboxes routinely.
RESIDENCE LIFE

Wesley College believes that residence life 1s an integral part of the total educational
experience. In addition to providing students with a place to live. 1he residence hall pro·
vidcs stud<!ntswith a working modt:I of a community in which lifestyles can bt: challenged. tested. and developed. Some or the advantages of residence hall community
living include: formation or lifelong friendships, participation in various social and athletic activities. involvement in the opera1ionof the community governance system, exposure to the atlitudes and values of others. acceptance of different values and behaviors.
enhancement of academic skills hy exposure to other students· study habits. and integration of the academic and residential life of the campus.
A large pan or ..college education·· is the learning that comes from living with others.
Wesley·s residence lite program is designed to make the adjustments - personal. social.
and academic - as healthy as possible, and to make the living experience both educational and enjoyable.
Wesley offers a variety of living arrangements on campus. Gooding I-fall(co-cd. majority
freshmen). Williams llall (co-cd, majority freshmen). Roe llall East and West (co-ed
mixed classifications) Carpenter Hall (co-cd, mixed classifications). Malmberg I-fall
(co-ed. substance free suites. mixed classification). Zimmerman Hall (co-cd. apartment
st~lt:. transfer, upperclassmen only) and the Joseph S. BelJmeyer I lonors House (Honors
Students only).
SAFETY AND SECURITY

1 he primary purpose of security personnel is Loprovide services that pertain to the welforc and saicty of students. protect the interests and propen} of Wesley College. and
enforce College Community Standards. fhe Office is located on the ground Ooor of the

 Colh:ge Cenrer in the rear of the Underground. ~1uden1sfinding unidentified property or
:;ceking to recover lost items should check with Security.
Students should travel in groups on campus and on local streets. They should try not to be
on thi.:sin.:ct ulkr visitation hours and late at night. Unfamiliar or suspicious people
,tiould be reponeJ immediately to a securi1y officer or a staff member. Room key~
~hould be ~ccured a1 all cimcs.and no one should be permitted access to a residence hall
"ithou1 hl, /hcr keys. Residents ur first noor rooms should use the window safety slide
hars anJ kl::cpthe ,hades Jr,11111.
Security is ,wailahle 10 provide e~con services be1,,een
College buildings or 10a car.
When walking h> a \'d1icle. one ,hould have 1hekeys read) and the back ~cal or the vehi~lc should he chcch:d l)eforc entering. Students ~hould carry their Wesley 10 and room
key~a1al I tfmes. ~pecial security concerns should be reponcd lo the Director of Sa1hy and
Sccurit~. Ilic Student Lile Oflice in conjunction with the Office of Safety und Sccurit)
prepares the annual disclO$urcof crime statistics report lo comply with the Jeanne Cleary
Disclosure of Campus Sccurity Policy find Crime Statistics Act. The full texl of rhis report
is located on our web site at www.weslcy.edu/studcntlifc/safct)_Securily.html~3.
!'his report [:;prepared in cooperation with the local law enforcement agencies surrounding.llUr main t."tlmpus
. Residence Lile Office. Office of Safety and Security. Institutional
ReseMch. and Student Life Oflice. Each entity provides updated information on their
educational efforts and programs to comply with the Act.
Campus crime. arrest and referral statistics include those rcponcd to the Office of 'nfet)
and Security, designated campus oflicials and local law enforcement agencies for the
previous three years. n10ugh not required by law. these statistics may also include crimes
that have occurred in private residences or businesses. The Counseling Office staff inform~ their clicms of the procedures to report crime 10 the Dean of Students or Office or
Safet) and Security on a voluntary or confidential basis, should they feel it is in tht: best
interest of the clienl.
Each year. an e-mail notificmionis made to all enrollodstudems and all full time !acuityand
~taff that providesthe web site 10 access I his report. Copiesof Lherepon may also be obtained
at LheSn,dent Lile omcc. locatedin the CollegeCenter. room 125. All prospectiveemployees
may obtain a copy from Human Resourcesin DuPontCollege Center, room 321 or by calling
(302) 736-2351.
In accordance with the ··campus Sex Crimes Prevention Act" of 2000. a link is provided
to the Delaware Sex OITendcr Central Registry. This act requires institutions of higher
education to issue a statement advising the campus community where la"' enforcement
information provided by a S1ate concerning registcn:d sex offenders may be ohtained.
ritlc 11. Section 4120 and 4121 and /\mended Title 11. Sec1lon 4120 and 4121 of the
Oelaware Code requires the Delaware tale Police to maintain a registry of sc"<oflcndcrs
available to the public via the internet. The State Bureau of Identification is the sub unit
of the Delaware State Police responsible to provide this service with technical assistance
from the Department of Technology and Information. The Delawure State Police is re$ponsible for main1aining this registry. Follow the link bdow 10 access 1he Delaware
State Police website http:/1" ww.state.de.us/dsp/sexolT/In accordance with the Drug Free
Schools and Campuses Dr\Jg Prevention Program Ccnltic.:ation. Wesley College has
udop1cdand implemented a program to prevent the unlawful possession, use. distribution
or dispen:-.ingof illicit drugs and alcohol by its students and employees on school premises or as part of an~ of its activities. Wesley College recognizes the imponance of information about drug and alcohol abuse. Therefore provided here for the henetit of each
student and employee are s1andardsof conduct. and legal and disciplinary sanctions for
unlawful posse:.sion or distribution or illicit drugs and alcohol abuse. Listings of area
resources for drug/alcohol counseling. rehabilitation and re-entry are available in the

 )

)

(1fticcof Counseling (PL 210-B) S1udent Life (CC 119). and 1he Human Resources onice
,cc 321 ).
A biennial review of this program will be conducted by Wc:sleyCollege to determine its

cffcc1iveness. to implemenl changes 10 the program if they are needed and to ensure that
its di~ciplinary sanctions arc consist1:ntly enfom:d.
Students and emplo)ees found in \'iolation of .iny 101:al.staic or lcderal la,, regarding the
u~e. possession or distribu1ion of alcohol or other drugs will receive the pennlty in addition lo any appropriatt: college disciplinary action m, ,1ated in this puhlicatiun. rhe most
common legal violations and their consequences are lis1cd hclow.
/)t'/uware Law

Alc:oh11I
..Minor in Possession:· shall have 1hcir Delaware dnvc:r's license revoked for u period of
30 Jays for the I st offense and not less than 90 days nor more than 180days for each
suhscquent offense. If the underage person does not have a Delaware driver·s license, the
person shall be lined $ 100 for the Isl offense and not less than $200 nor more than $500
for each subsequent offense... Purchase of Aleohol by a Minor" shall. in addition to the
payment of costs. be tined for the first oflense. not IC$S than $ IOOnor more than $500,
and may be ordered by the coun LOperform community 5ervice for a period of 40 hours
in such form and on such terms as the court shall deem appropriate under the circumstances anJ may be imprisoned for not more than 30 days: and for each subsequent like
offense. shall be lined not less thon $500 nor more than $ 1,000 and may be ordered by
the coun to perform community service for a paiod of 80 hours in such form and on such
tem1s as the coun shall deem appropriate under the circumstances and may be imprisoned
filr not more than 60 days.
The City of Dover code for Minor in Possession of public consumption shall be fined
$ I 00.00 .
..Driving While Intoxicated" has a penalty of $230 nor more than $ I .150 or imprisoned
not more than 6 months or both, and shall be required 10 complete an alcohol evaluation
and a course of instruction and/or rehabilitation program. 111ema;<imumpunishment for
driving while intoxicated shall be lined not less than S2.000 nor more 1han 'S6.000 and
imprisoned not less than 2 years nor more than 5 years.
Other Drugs
"Po~scssion of Controlled Substances'' (drugs) has a minimum punishment of mandatory
conlinement in jail for a tenn of two-h~elve rears. and fines of S 1.000-100,000. More
information on Cl1ntrolled Substance and penalties can be found at the State of Delaware
\\ ch site http://w,\w .delcodc.state.de.us/title 16/c047/sc04/indcx.htm#Top0fPage
Federal law
··Manufacture. Distribution or Dispensing Drugs.. has a minimum punishment of a term
or imprisonment not more lhan one year. and a minimum line of $ 1,000. The lcderal law
mandates a maximum punishment of a term of life imprisonment without release (no
eligibility for parole) and a fine not 10 exceed $8,000.000 (for an individual) or
$20.000.000 (if other than an individual)... Possession of Drugs.. ha-. a minimum civil
penally in amount not to exceed $10.000 and a maximum punishment of imprisonment
for not more than 20 years or not less than 5 )ea rs. a line of not less rhan S.:5,000plus
costs of investigation and prosecution.
..Operation of a Common Carrier Under the lnlluencc of Alcohol or Drugs.. has a maximum punishment of imprisonm~t for up to 15 years and a line not to exceed $250,000.
Available Counseling and Treatment Programs Drug Jnd alcohol use. misuse. and abuse
are compk-x behaviors with many Jeterminants at hoth the cultural and the individual
levels. Awareness of the harmful effects of any drug/alcohol is imperative for an indi-

 J

viduars well-being or survival. Wesley College Counsding and Health Services can
rrovide referral to outside agencies.

IlcallhRisks
Negali".1:consequences may be exhibited through:
Physical dependence (the body's knrned requirement of a drug for fum:1ioning).
1\husc of any drug or alcohol "hc1hcr licit or illicit may result in marginal 10 mark
and temporary 10 permanent physical and/or psychological damage. even death. Since
many or the illicit drugs are manulhctured and sold illegally, their comenl varies and
may contain especially hatml'ul ingn::dicntsor amounts.
PS)Chologicnldependence (the experiencing of persistenl craving for the drug and/or
a feeling lhat 1hedrug or alCClhol
is a requirement for functioning).
Regardless or the type of drug or alcohol utilized. u perceived need for the continued
m,c is likely to ensue. resulting in dependence.
Dependence on drugs and/or alcohol alters the user's psychological functioning. The
acquisition of drugs and alcohol becomes the primary focus of 1hedrug dependent individual and often results 1n reduced job performance. and jeopardized family and
other Interpersonal rclalionships. Behavior pallems often include violence and assnulL a..~,he individual becomes fncreasingly drug/alcohol dcpendenL Social and
psychological alienation and medical problems increase as the abuser becomes entrapped in drug/alcohol dcpt:ndcnce.
Orug ,md alcohol abuse counseling and referral arc available through the Counseling
Services located in Parker Library 210-B. Additional infonnation. both on the effects of
~pecilic drugs and alcohol and drug counseling resources in lhc Dover area is also available through Counseling Services and Health Services.
lde11ti{tca1io11Cards "St11de111
JD"

At the beginning of a student's first semester as a full-time student at Wesley College, the
College provides the student with a College. identification card. This ID card is used the
entire time the s1uden1is enrolled as a full-time studt.>nt.Students are required to carry
this card with them to gain access to the residence halls. dining hall facilities. and for the
admission to athletic. cultural, and social events. A student must present his/her ID when
a ked tor by any College official including but nol limiled to Resident Assistants. Resident Directors, Safoty and Security Officers. local or State Police Officers. College Faculty. Students. who refused m submit their identification card. when asked. will face ju dicial ac1ion. Lost damaged. or misplaced ID cards can be replaced at a cost of $15.00.
ID cards arc lhe property or Wesley College and must be returned upon tennination of
1hesrude111·
s full-time :,tatus at the College. A studem may not have more than one Wesley College ID card. Lost cards. which are recovered. must be surrendered immediately to
the atety and Security Office.
Jfnror I 'i!hic/e Policies

Students arc pennined to have automobiles on campus provided they comply with all
College motor vehicle regulations.
rl 1110l?egistration
All motor vehicles on campus must be regis1eredin the Office of Safety & Security hy
1he first week or each semester. Registration is good for the fall and spring semesters or
the current academic year.
The College auto regi!-trationhanging device must be displayed from the rearvicw mirror.
facing the windshield. Cost of registration is $30 annually. Registration is good for the
academic year. The fine for an unregistered car is $50.
Restrictf!d Parking

 ..
)

rir.: lanes hehind buildings. circles at each side of the College Center. and other areas
designmed hy _yellow curbs. must be kept free of parked cars at all times. The line is $20.
St1ule111Parking
l. ~tudent parking is .wailable in the parking lots at the intersection of Governors Avenue and Cecil Street, in the Staff Lot A parking lot 5:00 pm to 7:00 am. and in the lot
nn Go.1:rnors Avenue and Pullon Strt!et.
.., One-way street signs and speed zones should be carefully observed.
3. Students arc urged to be considerate of neighbors living near campus and not hlock
driveways.
I. Student!>,-.ho parl. illegally and receive J or more tickets per academic year arc subjected to heing booted:
/.,, Bom: Mu~t pay all pnrking lines for h1)0t rcmov1:1I
l11J Bnot: Must pny all parking lines plus a S50.00 hoot removal fee
3rd flout: Must pay all lines plus a$ I 00 .00 hoot removal fee
-4thor subsequent bo0t: Must pay all lines. a $250.00 boot removal fee and lose all on
cumpus parking privileges for the remainder of the Academic Year.
Sports :ind Recre:ition

Wesll:y College competes in a variety of intercollegiate athletics and is proud of !he success ol'its teams. including: basehall. men·s and women's basketball. licld hockey. football. mcn·s and women·s golf. men·s and women's lacrosse. men' s and women·s soccer.
~oflhall. men·s and women·s tennis. men·s and women·s cross country and checrleading.
Wesley College is a member of the NC/\A Divisfon Ill Capital Athletic Conference, and
lhe Eastern Collcge Athletic Conlerence. The football 1.:amis a member of the Atlantic
Central Football Conference. Rules and regulations regarding eligibility are determined
hy the NC AA. The Director of Spons and Recreation has overall responsibility for the
College·s athletic program.
rhe College subscribes to accepted policies and procedures of recognized national organizations such as the Nationa l Collegiate /\lhletic Assuciation (NCAA) us they relate to
accepted campus behavior on the pan of student athletes. Wesley College has adopted the
following position of che NCAA Division Ill as ir refers to the illegal use of alcohol and
drugs.
t,;(',./A Divi.vionII/ Guidelines Por S111d1mt
Athletes & Banned Drugs
/\ sn1dent-athh:1cwho is found 10 have utilized a substance on the list uf banned drugs
shall be dectared ineligible for funhi.:r panicipation in postscason and regular season
eompe1itinn during the time period ending one calendar year after the student-athlete's
positive drug test. and shall be charged with the loss of a minimum of one season of
competition in all sports if the season of competition has not yet begun for that student
athh:tc or a minimum or the equivalent of one full eason of competition of competition
in all ,;ports if the ~tudcnt-athlete tests positive during his or her season of competition
(i.e. the remainder of contests in the current season and contests in the subsequent previous) ear. The student-athlete shall remain ineligible until the student-athlete retests negative in accordance with the testing methods authorized) and the student-athle1e·s eligibility is restored by the eligibility subcommittee. If the student-athlete tests positive a second time for the use of any drug, other than a ··street drug··. he or she shall lose all remaining regular sea~on and post-season eligibility in all :;pons. If the student-athlete tests
positive for the use of a ..street drug.. afler being restored to eligibility. he or she shall
lose a minimum of one additional season of competition at least through the next calendar
year. Byla\, 18.4. 1.S.2 also provides that the Executive Committee shall adopt a list of
hanned drugs and authorize methods for drug testing of student-athletes on a year-round

 husis. In addition, as stated in Bylaw 18.4.1.5.1 , a student-athlete who previously tested
positive for performance-enhancing drugs as a result of tests administered by any other
athletic orgunizalion ar1d subsequently tests positive (in accordance with the testing
methods authorized by the Executive Committcc) shall be su~jcct to these ··ineligibility
provision~".
lntram11ral por ts

A comprehcnsiYeintr.imural recreational program is offered throughout the year for men
und \~omen in a variety of activities that indude flag football. softball. co-ed soccer. livc
1in live basketball. and co-ed volleyball. In addition 10 improving physical litness. participants "ill have the opportunity to establish lasting friend5hips with folio" students. and
develop lifelong leisure skilb.
STUDENT ACTIVITIES

A comprehensive student activities program is central 10 College lite and includes social
.:vents. puhlieations. student organizations. and other related recreational programs,
which enrich the quality of student life outside the classroom. Within the Cullege Center
arc a variety nf student activity areas including otlices for the Student Government Association. the Student Ae1ivi1icsBoard. the Whetstone (newspaper). WSLY TV/Radio Station. Underground and Perks.
Procedures regarding starting an organization and off campus travel are available from
the Student Activities Office and Student Lite Office. A portion of student feesis utilized
to support the programs and activities of student organizations. campus-wide social
events. and other special programs of interest to students. A Student Organization's fund
i~ based upon allocations approved by the SOA Executive Board. At the beginning of
each semester. each student organization submits a budget request to the SGA Financial
Board for use of student activities funds. Organizations are then notified of approved
budgets and financial resources available to them for the current semester.
Swdent Organi:arinns

Involvement in student organizations provides an opportunity lo discover and develop
leadership skills. to make a positive contribution to co-curricular life. and to develop
special friendships with follow students. Involvement in academic organizations. special
interest groups. social organizations. Student Government. and Greek letter organizations
create avenues for increased learning and community spirit. All organizations must comply with the Student Organization Handbook. The Handbook contains pertinent information regarding policies ond procedures for which all student organizations are responsible. For a complete listing of the student organizations. contact the Student Activities
Office in the College Center. room 125 . or 736-2579 or look on the Student J\clivilics
webpage http://www.wesley.edu/index.cfm?fuseaction=student.org.anizations.
Wesley College has a Greek community composed of social service fraternities and sororities that are notionally and locally recognized. Each organiz:ition is unique in its tradition . spirit. and heritage. The fraternities and sororities provide exccllenl opportunities
for leadership and community service projects. In the past. students have volunteered
with: a soup kitchen. Adopt-A-1ligh,,ay . Dover Parks and Recreation and the March of
Dimes. Additionully. Greeks enjoy social functions. as well as the bonds of bro1herhood
and sisterhood. Highlights of the Greek calendar include Greek Recruitment Week, the
annual Wishfest tundraiser. Homecoming events. and formals. Recruitment is conducted
each semester. fn be eligible tor membership in an organization. the College requires
that a student has and maintains a 2.0 cumulative grade-point average. and is enrolled in a
minimum of 12 credits.
Fadlilli?S

Pimcs:. Center - An e:<crcisefacility for both men and women is located in Molmberg
Hall and is equipped with weight machines. lilccyclcs. stair climbers, and an aerobics

 room. An) full-time student ma.>use this "llreaduring scheduled hours when a supervisor
is on duty, Specific hours or opcratfon are cstablished each semester and all students
using this facility must follow safoty guidelines.
rhe Underground · The Student Gcivemment Association operates a ga1heringspot for
~tudcnls on the ground floor of the College Center. fhc Underground offers a game room
style ,,rena for parties. entertainment. and ~pccial activities. Pool tabll!S. ping-pong.
li,osball tahlcs. movie vkwing area. arca(k games. board games. and a big scrl'cn TV arc
all l1>catedin the I/nderground.

ACADEMIC BASICS
ABSENCES

'-tudents arc responsible for adhering 10 the ancml:lncc n:qui~mcnts outlined in the approved syllabus for each course. The studen1is re~ponsiblefor all class work and assignmcnL,;mis:.cd bc1.:auseof an absc.:ncc(i.:,cused or unexcused): lhe student is required to
make up all missed work.
rhe person responsible for students representing the College in any group activity during
class hours will secure the approval of the Ollice of Academic Affairs for those students
to miss class. The Office of Academic Affairs will distribute a list of those students'
names to the respective faculty. In such instances. a maximum often class days from the
d:lle orthe return to classes will be allowed for make-up: after ten class days. the student
forfeits the privilege of making up the work. The instructor and the Academic Dean will
determine exceptions.
Classes missed due to illness. family emergencies. or other reason should be reported to
each class instructor and to lhe Office of Academic Affairs. l'n.1e emergencies should be
reported to the Ollice of Academic Affairs. Only indi"idual faculty members may C)(CUSe
a student from a class as outlined in the College catalog.
ACADEMIC PROBATION

Undergraduatesare expected to maintain a satisfaclory GPA. See the Undergraduate
Catalog for specilic policies and procedures.
COMMUNICATION

The Wesley e-mail account is the official means of communication with Wesley College
studl.!nL,Students an: required to read their Wesley email on a regular basis.
DROPPING A CLASS

During the tirsl week of classes In each 14-week semester. students may add and dr op
courses in their class schedules. Courses that ore dropped will not appear on the student's
academic record. The academic odvisor"s signature is required for any and all schedule
changes.
HOW TO FIGURE YOUR GRADE POINT AVERAGE (GPA)
I hour of A+ generates -t grade points

I hour of A generates 4 grade points
I hour or A- generatt:s 3.67 points
I hour of B+ generates 3.33 points
I hour of C3generates J grade points
I hour of l'J- generates 2.67 points
I hour of C+ generates 2.33 points
I hour of C generates 2 grade points
I hour of C'- generates 1.67 grade points

 I hour ol D generates I grade point
I hour of' F generates Ograde points
Grade point average (GPA) is calculated by adding semester hours anempted. adding
grmk points earned. and then dividing.,l{llalgrade points hy total semester hours attempted. If a grade of ·-i-- (incomplete). or ··w·· (wilhdrnwal) is assigned. the scmcsh:r hour~
arc not attempted and no grade points are generated and. therefore, such 11 course is not
con~idcrcd in calculating GPA.
Example:
Hours
Hours
Grade
Course
Grade
Earned
Attempted
Point
Eng 130 1
12
A
3
3
8 io 140 1

C

4

4

8

PE 1302

8

I

1

J

Psych 1302
Mat h 1305

A

3

3

12

To ta l

A

3

J

12

14

14

47

47 -'-14- . 1J5GPA
If Yl)U receive an incomplete grade (I) in a course, you have up LO one year to complcle
the course. depending 011arrangements you make with your instructor. The grade )Ou
receive for the course ,,ill be calculated into your GPA the semester you complete the
course. You do not have 10 be enrolled the semcstcr the course is completed. tr you fail IQ
complete the course by the agreed upon date. you,, ill n:ceivc an ..p· in the course.
GRADUA TE STUDENT ASSOCIATION
The GraduaLcStudent Association foe is $50.00.

The lee is mandatory and a!>sis
ts
gr:iduate students in conducting research and in auending professional meetings. 1 hese
opportunities arc at 1hcdiscretion of each Graduate Program Director.
WITHDRAWAL FROM THE COLLEGE

An~ full-time student who is contemplating withdrawal from the Co llege whil e the
semes ter is in progress should arrange 10 discuss this mailer with the Dean of Students
(graduate students should contact their Progr:im Director). Official withdrawal papers at
the undergraduate level must he initiated with the assbtance of the Dean of Students. A
~lUdent is 1101oflicially \\ ithdrawn from the College until 1he withdrawal papers arc
properly processed. Studt:nts who leave the College without filing the proper form will
receive failing grades in all classes. Withdra\\ols from the College arc not processed during the lust two class weeks of a term or during final e:<aminations.

STUDENT RIGHTS
AIDS POLICY

It has been de1em1incd that the Acquired Immune Dcticiency Syndrome {AIDS) virus is
tran~mhtcd from one person to another through con1ac1with ccnain body fluids. The
r\lDS , irus i$ spread by c;,<pos
ure 10contaminated blood or semen such as through sexual
acti, ity. open \\Ounds. or ~haring of needles. Information currently being published by
lh~ Center for Disease Control emphasizes the fact that tncre are no risks to others living
" i1h an intccted person: eating food which ha.~been handled by an infected person:
swimming: or casual kissing with an infected persun. Ir nC\\ evidence i~~ found which

  



)

)

refutes any of these statements, then Wesley C\illcge ,,il l make the appropriate revisions
in its po lie).
I. fhe Education of the Collt!ge community is the major emphasis of the Wesley College AIDS poliC). Inc Student Health Center and Dean of Students ollice will wnrk
tog!,!therin coordinating programs. events. and spcakcrs in this particular area.
2. Confidentiality i, an imponant concern at Wesley College. Therefore. it has been
dccitleJ that knowledge of any mi.:mberof the College community having A IDS.
IDS-Related Co111plcx
(ARC). or ,~ho is I IIV positive ,~ould be limited to those apprnvcd hy the patient.
'
1\ pcrc;on,~ho has tested positive for AIDS. ARC. or IIIV will have full access 10 the
l 'nllcgc facilities.
.i . 1\ person requesting testing or treatment for this condition ma~ go to the Student
1lcalth Center and be rell!rred to the proper agency.
S Wc~leyCollege will follow Delaware State guidelines und laws for reporting AIDS a~
u communicable disease.
An) situntions that may occur and are not included in this statement will be handled according to the American College Health Association General Statement on Institutional
Response to AIDS. (Available in the Dean of Students Oflice)
FAMILY EDUCATION RIGHTS AND PRIVACY ACT (FERPA )

Wc~lcy College guarantees the rights of students to the privacy of. and access to their
~tudcnt records. ,,hile in the custody of the College, in full accordance with the ..Famil)
Educational Rights and Privacy Act or 1974 as Amended."
Each year. many parents request that students· grades be mailed directly to them at the
close of a semester. Because of this law. the College is unable to fulfill this request unless
the student has ~igneda \laiver and unless a ri:qucst for a grade card has been made to the
R,:g,strar s 011ice.
The oflicial custodian of student records is the College Registrar. Access to student records is limited to the studenL the student's current instructors and faculty advisor. the
Registrar"s Office staff. professional counseling and adminfstrative personnel within
legitimate interests. authori1cd ollieials of government and accrediting agencies, persons
hearing a lawful judicia l order or subpoena. or any party designated by wrinen consent or
the student.
A Wesley College student or fom1er student has the right to access. inspect. and rcvie"
his or her records. A Wesley College student or former student can be denied access to
his or her records if the student has an unpaid financial obligation to the College. Reque"ts to rcvie" records must be submitted in writing 10 the Registrar. The Registrar will
comply within forty-live days. Following review. a student may request any portion of
his or her record be expunged. Failure by the College to expunge any records may be
appealed to an official hearing board established tor this purpose. The hearing board·s
decision rs final.
Any student who wishes the College to withhold the release of his or her name concerning normal directory information may do so b) notifying the Registrar in writing. Questions regarding the orlicial procedures and policies of lhe College, relating to the access
to and privacy of studem records. ~hould be directed to the Registrar.
Wesley College gua ra11tees bot!, tl,e pri vacy m,d tl,e co11.fid
e11tiality of a/I student educatlmwl records a111/a stude11t's right to access tlw .fe records according to tlte provision.~ of tlle Fnmily Educational Rights 11ndPrivaey Ac t of 1974. Student educational
records may be maintained only by members a/ the College with legitima te edu,·ational
interest in the student.

 ( >

GRIEVANCE AND APPEAL PROCEDURES FOR STUDENTSWITH
DISABILITIES (AND/ OR ADA/SECTION 504 COMPLAINTS)

fhe ADA Amendments Act of2008 (AD/\AA) and Americans with Disabilities Acl of
1990 was enacted to protect individuals ,,..ithdisabilities against discrimination in areas of
employment, housing. public accommodation:;. educution. transportation. communication. health . erviccs. and access to public sen ices. Wesley College is commitlcd to
meeting the n:quiremcnts nr the AD/\/\/\ and ,1 iiI 11 ork 10 ~atisfy its requirements in
,crving the needs nr 1he academic cornmunil).
\Vcsh:y College policy is tO provide n:a~onahle accommodations to students with qualif) ing disabilities. ilnd these procedures are written lo hdp studenL'iunderstand avenucs
.,v~ilable to them should the) cnc()unter problems in Wesley's implementation of the
1\ D/\A 1\ .md 10 provide prompt and equitable resolution of complaints.
1he Director ol Human Resources for Wesley College (Eric Nelson. 302. 736.25711 is
dcsignateJ as the ADAAA Compliance On-icer and will handle formal ADA/\A complaints from :.tuJcnts, staff, ond faculty. 1 he Disability Suppon Services Coordinator
11 ill gent:rally inves1igate informal ADAAA complaints and assisL as requested by the
Director nf Human Resources. in handling fonnal complaints.
Complaints about a disability-related decision or denial of accommodations by the DSS
Conrdinalor can be directed to the l) ircctor of I luman Resources.
Confidentiality will be niaimained to the extent possible in all disability complaint investigations. Wesley College prohibits retaliation against a person filing a complaint of
disabiHty discrimination regardless or the outcome of the initial complaint.
Procedure.ffo r Filing a Disa imi11atio11Complainl Based" " Disability:
A student may choose between filing an informal complaint (when the student seeks the
least formal resolution ofa problem anJ where no disciplinary action Is sought) or a formal complaint (when the student i:; dissatisfied with the outcome of an informal complaint. when disciplinary action is soughl. or where the degree of formality is not an isgue).

/11
/o rmul Pr()cetl11re.f
Wcsle) College strives to resolve differences through infonnal resolution procedures
wherever possible. Student complaints regarding ADAAA-based academic accommodations or general access issues should be directed to the DSS Coordinator for infonnal
rcsolulion within 30 days of the prohlem.
rhe DSS Coordinator will attempt to resolve infonnal complaints through discussion or
mediatinn between the student and faculty or staff member involved. The resolution of
an informal complaint shall be deemed accepted b) the student unless the student files a
formal complaint in ,iccording with the procedures below.
Formal Procedures
f'ormal complaints shall be tiled within thirty (30) days after rhe complainant becomes
111H\reof the probkm or fourteen ( 14) days from the resolution of an iofonnal complaint.
To initiate a formal complaint on the basis of a disability issue. the student must provide
the complaint in writing to the Wesley College Director of Human Resources. rhc complainant will need to provide the following information:
1. A lull description otlhc problem(s) including names of individuals. departments
and/or programs involved and efforts taken to resolve the problem.
2. ldcntift1.:a
tion of the disability at issue.
J . J'he dare(s) of the problem(s).
~. Identification of individuals who have knowledge related to the complaint.

 I he specific.remedy sought (if known).
The signature of !he ~tudcnt
rhc Director of Human Resources will work with the complainant and conduct any neccssary investigation of the complaint.
fhe Dirccior of I lumanR9our ccs ·,viiI notify the complainant in writing of the conclusicms nf the investigation and any recommendations for resolution within thirty (30)
\\Mking da)'~. Appeals of formal complaints can be made to the omcc of'lhe President of
Wcsky College \\ ith1nten ( I0) days of receipt of che lindings and recommendations
lrom Dirt:cturof Human Rcs1)urccs.
S.

6.

ANTI - HARA SSM ENT POLI CY
•I

Srntem1mto/ Philosoph1•

Wesley College is committed to fostering a learning. working. and living environmenr
"hi.::h promotes personal and professional growth and recognizes the worth and dignity
nf each member of the college community. Wesley College therefore docs not tolerate
unlawtiJIharassment to include sexual harassment within or connected to this institution.
WL'Sley College affirms the principle 1hatits students. faculty. and staff have the righ1to
be l'rt:efrom harassment. l larassmen1based on sex. race. national origin. marital status.
genetic information. color. age. disability or religion is illegaLa form of discrimination.
and unfairly interferes with the opponunity for all persons to have a comfonublc and
productive cducaiion and work cmironmenl. Wcsky College is committed to laking all
n:as1)nablesteps to prevent unlawful harassment and to discipline those who do harass.
l'o fullill the college's commitment every individual on campus must be part of the effort, /\II must believe that a person is entiikd to be !'rec from unwanted conduct based
on sex. race. national origin. marital status. genetic information. color. age or religion
withoul the fear of reprisal or retribution from any person. including from faculty and
super" isors.
8

Staren,enr of prohibited condµct.

Consi~tcnt with ritle VII of the Civil Rights Act of 1964. 42 U.S.C. §2000c. and the
Delaware Discrimination in Employment Act. Title 19. Chapter 7. Subchapter 11of the
Oclawarc Code. Wesley College prohibits harll!;sment.discrimination and retaliation on
the hasis of sex. race. national origin. marital staius. genetic infonna1ion, color. age, disability nnd religion. Harassmenton the basis of sex is discrimination in violation of both
fitk VII of the Civil RightS Act of 1964. 42 U.. C. §2000e and Ti1le IX oft he Educational Amendments of 1972. 20 U.S.C. §1681. Unla\\lul i.liscriminarionoccurs when
one.or more characteristic above:
I.
Is used as a basi.~f or evalua tion i11making acad emic or
perso nnel decisions affecting a11indi vidual : or

1.
with

{Ill

Ha:rtlt e purp ose or effect of u1,reaso11nblyirtterfering
im/i vidual 's work p erforman ce: or

3.

Creates an illlimitlating, hostile, or offensive college en1•ir1mml!1tt.

Sc.xual harassment is any threnrcning.demeaning. or offensive conduct or situation that
unrcasonabl) interferes wilh a person'!i ability to perform his or her job or educaiional

 pursuits and is based on the se.x or that person. Llm,ekome se~ual advances. request for
sexual favors. physical contact or a sexual nature. or sexually abusive language constitutes sc:-.ualharassment \\hen such conduct is made. either explicitly or implicitly a term
or condition of instruction. employment or participation in a college activity. Sexual
harru.smentc~n include, but is not li11.!_itcd
to: . c•
Requests for Jutes wi\h a student by faculty" hen
th:ll student is in his ~1rher class or is his or her advisee
•
Persistent requests for a date
•
l Jnwdcorne requests for se,ual favors or acts
•
Cnmmueclexpression of sexual interest after being infonned that the intl'rest is umvdcome
•
l lncl>nsentedor unwelcome physical contact
'udc or seminudc po~tcrs.photos. cartoons. or
•
graniti in the ,\orkplucc or public place that are demeaning
or offonsive
•
Unwelcome visual contact. such as leering or
:;taring at another person ·
•
Comments or statements that arc dcmeuoing.
humiliating. suggestive. insulting. vulgar or lewd
•
Harassment by non-employees. ~uch as visitors
or vendors
•
Failure to provide assistance that is usual under
same (Ir similar circumstances
•
Retaliation. retribution. or reprisals in any form
or manner for complaints about harassment or for request
that harassing conducr stop or for assisting a person with a
complain of harassment
•
Physical interference with job performance
•
Preferential treatment or promise of preferential
treatment for submining to sexual conduct
l'his list is not co be construed as all inclusive of prohibited acts under the Wesley College policy on exual Harassment. Any member of the college community who engages
in unlawful sexually oriented acts and sexually hased conduct will be made to bear the
full responsibility for such unlawful conduct.
C

Sc()pe of po/il'_v

Wesley College prohibits students, professional and support staff, administrarors. faculty.
and other persons associated wilh the institution from unlawfully harassing any other
membcrof rhe college community. This policy npplies for and to those who do business
with Wesll'y College. Wesley College "ill obtain from any business whose cmployce·s
work regularly on the campus a copy of the business· harassment policy. This policy is
not intended to serve as a substitute for civil action but as a manner to seek redress within
the educational environment. Anyone who believe:;hi: or she has been a viccimof u
criml! may file criminal charges in accordance with Delaware State Law.
D

D1sdpl111e

In the event of the determination of harassment. discipline may include. but is not limited
lo:

 )

•
•
•
•

Oral reprimand
Written reprimand
Suspension (with or withou1pay )
Termination or expulsion

ofthe I larassmcnt Grievance Com-

I he men1hcr-. of 1heI kari ng Panel. a suhcornmillet:
miw.:c.rt>comtncnd di.~ciplinury action.

rhc final discipline shall be determined 1.:x
clu,;ivd y hy the following.persons or their
Jcs1gnces:
1.
Where the accusittl is ll st ude11t. the Dean of S tu dent s or
tlesig11ee rif th e sam e:
2.
J·n, ere tlte accus etl is ll / lieu/(',' member , tlte Vice President f or Academic Aff air.f or tlesig nee of the same; or

3.

Where tlte accu.ved is ll s taff member, the Director of
Human Rl!sources or desig nee of the same.

A d.:termina1ion of harassment under this policy shall be placed in the harasser's person-

nel or academic file.
Harassment may alS1)he a violation of local. slate and federal laws and the har.isser may
race ac1ionsb) appropriate agencies. or private action by victims where warranted.
£

( 'ontal'/ persons

contact per ons are rrained in identifying and handling harassment complaints within
their specific roles related to the Wesley College Anli-Harassmc:ntPolicy.
The

I he contncl persons

I.
ltave dem,m .ftrllled tltnt they are abl e to maintain confide11tiality

J.
are wi/li11gtn become km1wled,:eahle in laws., p olicil!s flntl
pr ocedur es co11cer11i11
g haras.m11m1
3.
!,a ve som e exp eri em:e and/or trainin g in cou11se/i11gor
ad vising
4.

are widely respected in tlte college communit y

5.
grmmrl

repr esent diff ,mmces in p ersonal style, g end er attd back-

fhc) are Jvuilahlc to nssist in identifying and stopping harassment.

 ()

HARASSME NT POLI CY COOR DI AT OR (T IT LE IX COORDI NAT O R)

•
Appointed by the Pn:sidcnt of the college or designce of'the same
•
Coordinates annual orientation and training for
the I forussmen1Advi~ots and Harassment Grievance
Committee
Coordinates annual uissemination of the on•
ti-harassmcnt policy and information to the college community
•
Directs individuals with huras~mcnt concerns to
I lurassment /\uvisors
•
Receives formal cnmrlaints and advises the
complainant about the formal grievance process
•
In the evc!ntof receipt of a formal complaint. selects a hearing Panel from the Harassment Grievance
Committee and appoints a hearing panel chair
•
Conducts the evaluation of the application of the
anti-harassment policy as outlined in the implementation
and evaluation plan
•
Submits an annual wrillen report to the college
prcsidenr that includes a summary of the educational activities and the evaluation of the cffcctivcness of the harassment policy and procedures
HA RASSMENT ADV ISO RS provide consultation for both complainants and accused
There are six Harassment Advisors (two faculty. two stuff. two students).

•
Appointed by the President of the college or designee of the same
•
Provide consultation for both complainants and
accused
Explain the Wesley College Anti-Harassment
•
Policy and procedures
•
Assist in the preparation of a formal statement of
complaint
•
Submit the individual's formal complaint to 1he
Harassment Policy Coordinator
•
Assist the individual throughout the Hearing
Panel proceedings
•
Submit an annual \\ rillcn report to the Harassment Policy CoNdinator
•
Ant:nd an annual educational/training session
•
Assist in dissemination of information to identify
and stop harassment in the college community
•
I larassment Advisors serve four-year staggered
terms. Studen1appointments arc reevaluated annually hy
the president in consultation wi1hthe academic dean.

 )

HARASSM ENT GRI EVANCE COMMITT EE: Consisting of three faculty members.

1hreestaff and three students.
•
/\ppoinll!d hy the President or the college or dcsignec of the same
./
•
l'mvide individuals t() serve as the hearing panel
for formal cnmplaints.
•
Investigate the facts of a formal complaint
•
I(old formal hearings on formal complain! cases
•
Pn:purc a,, rittcn report of the findings of fom1al
hearings
•
Recommend disciplinar) aeuons
•
Submit an otlicial rcpvn on formal hearings to
1heappropriate college otlicial
·
•
Submit an annual ,vriuen repon to the Hara~sment Policy Coordinator
•
Attend an annual educational/training session
•
Assist in disscmfnationorinformation to identify
and stop harassment in the college community
•
I Iara.,;mc:n1Grievance Cvmmittce members
serve four-year sraggered terms. Student appointments are
reevaluated annually by the president in consultation with
the academic dean or designec(s) of the same.
F

Complaint Procedures

Staff members. The procedures for staff members to lile complaints under the College·s
,mli-harassment policy are set forth in the Staff Handbook. Any staff member who tccls
he/she is the victim of harassment i;houldcontact his or her supervisor, manager or the
Director of Human Resources for more information or assistance in following the procedun:s set fonh in the Staff Ilandbook.
Faculty members. Any faculty member who feds he/she is the victim of harassment
should con1actthe Vice President for Academic Alla irs or any Harassment Advisor for
assistance in following the complaint procedures.
Student,;, Any student who feels he/she is lhe victim of harassment should contact the
otlice or the Dean of Students or any Harassment Ad, isor for assistance in following the
complaint procedures.
If you feel yuu have been harassed. you should attempt to maintain records or incidents.
including dates. times. places. witnesses. responses or the alleged harassed and harasser.
:mu any other relevant information.
I NFORMAL COMPLAINT : All complaints are infonnal until filed in writing on a

Harasl-mentlncidc.-ntReport. A person who is undecided as 10 whether to lile a formal
complaint of harassment is encouraged to seek the assistance of a Har8$SmcntAdvisor.
The Harassment Advisor can advise as to the possibility of an informal resolution. and
take re:isonablesteps in an cffon to prevem the occurrence of reprisals or retaliatory
conduct. The Ilornssment Advisor. at a minimum, will notify the following authorities
nfthc informtllcomplaint and any plans for further action:

 I.
Where th e accuse1I is fl .~t11tle111,
the Dean ()f SIUdenis t)r
tlesignee 1,f the .rnme:
1.
Where the 11cc
11sed is II faculty m emb er, the Vice Pre:ii..,
rlentf(Jr Acutlemic ..tffairs "' designee of th e same: or

3.
Where the accused is a naff member, the Dirutor of
flu mu ft R esources nr designee of the same.
fORMA L CO MPLAINT : If informal measures do not resolve the sit uation. the fol1,,,\ing. formal compluint option is ,1bo avai lnhl..::

,.

File in i.>riting

fl

completed llara ssm e111l11cident Rt!pOrt

5.
S11bmil tlte t'ompleted report lo the Harussm e11tPolicy
Coordina tor nwrked ··Conjid entilll "
6.
Wit/tin one ( I) day of receipt ,if the Harassment ln citlellt
Repo rt. Tl,e allegetl offe nd er will be advi.fed of the harass m ent
.
procedures 1111<1
provitletl with a copy of the file,/ complt1i11t

7.
Where the accused is a stud ellf, t/re Dean of Stude11ts will
be advised of a j1letl formal complai nt.

8.
W/rere th e accus ed is a staflmember , rite DireL'/()r of
H11m11nRes()urces will be advised of a filed fo rmal CDmplaint.
9.
W/rere the accused is a Jacull)• m embe r, th e Vice Presidelll for Acade mi c Affairs will be advi.~ed of a file d fo rmul complitinl
IO.
A11ysupervi .rnr or ma1111ger
of the parties will also be advised of a fi led formal complai11t.
I I.

Th e accused shoulf/ co11.{11ltwith a Harassm etlf Adviso r.

Th e accused must sub mit to th e Haras.f ment Policy Coor/ 2.
di11atorwithin jive (5) cale11dardays of the receipt of notification, a
co1tjide11tialwritte11respo11se to the notification of charges .
13.
Wirhitr six cale11tlar(6) days 1,f th e coortli11ator's receipt
1>ftl1e complai nt , members of the Harassm ent Grievance C<1
m111itt
ee
will be selecte,J to se n •e 011a Heari11g Pa11el and a panel chai r appointed.
Within twe!,,e (12) colemlt1r tlnys oft /re Coordimll or 's reU.
ceipt of the complai nt the Hearing Panel will in tervit!W bot Ir part ies
11mluny wi111essesi11,1formal heari11!(
. /11th e fo rmal lteori11g:

•
It is expcctctl both parties arc present. but the hearing may
proceed in the absence of either pany ,

 )

I

I

•
Ro1hparties have the right 10 be accompanied by a Harassment Advisor.
•
Altorneys may not be present.
•
I larassment Advisors may not testify or be questioned
;1hou1anything rdared to confidential advising ,vithoul the permission of the advhec.
I 5.
Withinfl mrll!l!II ( 14) rnll!ndar day.f of t/1e coordinator 's
receipt of the ,·omplaint, th e Hearing Panel ,vii/ submit rn the Harusm1e11tPnficy Coordi1111t11r
II klritte11rl!port of thl!findin,:s obt11i11ed through thefomwl lmtring anti recnmmend dlscipli11ary11ctio11.

16.
Thtt Harassm ent Policy Coordi11utorwill immediately
submit /he Hearing Pan el's writ/en rep ort to the appr opriat e college
official: (I) wh ere th e accused is a stajf m embe r. lite Director of
mber . th e
Human Resources: (2) where /1111accusal is a /ac ui ty m 11
Vice Preside nt for Academ ic AJ/ air.v: (3) wltl!Tethe accused is a
s f111/e1
1t, th e Dean of Stud,m ts.

17.
Within U houn of receipt of th e klritten report th e college ojjic:iaf or h i.Y or her desig11u will detl!Tmine appropriaJe discipli nary action and notify both parties in writing abou t !hi! action to
be taken.
I 8.
Th e college official or tlesignl!I! will forward th e report on
disciplinary action and the one offic ial copy of th e Hearing Pattel' s
report with all supp orting m aterial to the Presid ent of th e college.
Both reports and .~11pporti11g matl!fial will be m11intai11edi11a c01,jide111ial case file in the office of President.
AP PEAL PRO CESS: Staff members are at-will employees, and have no right to appeal disciplinary decisions. In the ca~c orfaculty members and students. either party
may appeal the Hearing Paners findings on procedural grounds or may appeal the disciplinary actinn dt:tem,ined b) the college official or designee.
I.
Submit a writte11appeal to the colleg e President, within
ion of the tlisciplifi w (5) cale1ular flays ft, Jlowing officilll 11otijic11t
110,y action.

2.
The Pre.fide11
t of the cnllege will render a decision wit!,in
two (2) weeks after receiviflg the written appeal.
C

Confidentiality and prol11bi11011
ofretalia1io 11.

l'ontideoriality :hall be maintained to the greatest extent possible within the
requirements ofco ntlu1;ting reasonable invcstigations. All involved parties
"ill be instructed to maintain mict confideo1iality, for the entire process to
~afeguard the privacy and reputt11ionof ull involved.

 )

I

I

)

Only those who have an immediate need 10 know will or may find out the identity of the parties.
J\ny retaliation agaim,la complainant or witness is prohibited specilically by
this policy and any person(s) who rctaliatc(sl in violation of this policy will be
1fociplinedhereunder.
11

r"rn•olousor.false otcusmions

A II i11te11tio1111//y
fi 1l.ve acc11.rntio11of harassment is a serious vio/11ti
o11of the
Wesley College Am i-fl am~sme/11P11/hy. The appropriate colle{!eofficial
will take immedime disciplinary actim1agai11st a11
y person brinl(i11ga f alse
charge nf hara.vsmelll. A fa lse acm satlf/11may 11/soexpose tlte l11dividual to
civil lillbility.

STUDENTCODE OF CONDUCT
The Wcsk)' College community strives to realite a holistic campus environmcnt of
common purpose. caring. tolerance. inclusiveness. responsibility. and service that is the
heart of' the community. The Student Code of Conduct outlined in this llandtmok pro, ide5 a framework for student behavior and responsibility. Once a student is accepted to
Wesley College through the Admissions procc:ss.they arc considered a --student:· and are
subject to the Student Code of Conduct and all Wesley Policics and Procedures. This
includes all students on the main campus. as well as studentSenrolled at Wesley College
New Castle (WCNC) and Dover Air Poree Ba.;e(OAFS).
All the policies in this handbook are subject to change and students should consult the
\\tb site for the latest policies. These regulations are designed to give students general
notice or prohibited conduct and should be read and intl!rpretedbroadly. as they are not
designed to define 1he misconduct in e:-.haustive tcnns, Each student is cKpectcd to be
flilly aware of the Student Codi: of Conduct and 1111
published policies. rules. and regulations.
All students are expected and required to obey the law. to comply with the policies of
Wesley College and with directives issued by an administrative otiicial in the course of
his or her authorized duties. Students an:. responsible for complying with the Student
Code or Conduct and for representing the College in a positive manner. This expectation
includes off campus conduct that is likcly to have an adverse effect on the Collt:ge or on
the educational process. The Student Code of Conduct shall apply to o studc:nt's conduct
ewn if the ~tudcnt withdraws from school while a disciplinary matter is pending. The
Wesley College campus is located within the ju risdiction of the Dover City Police Department and the Delaware Slate Police. Students arc encouraged to utili1.e police services when necessary. The College will cooperate with law enforcement agencies in the
conduct of their jobs and will not in any way interfere or impc:detheir efforts. Furthermore, it is a vio lation of the St udent Co de of Condu ct if a student fails to report immediat ely any se riou s health or safety risk to the Dove r Police, Wesl ey Security, the
Dean of Student s Office . or other appropriate co llege perso nnel.

Students may be held accountahlc to local. state. or federal authorities and to thl! College
for acts that constitute violations of federal. state. and/or local laws and College policy. If
a student is charged by federal. state or local authorities with a violation of law, the College "ill not request or agree to spc:ciali:onsidcration for the individual because of his or
her status .is a student. Disciplinary proceedings may be instituted against a student
charged with conduct that potentially violates both the criminal law and the Student Code
of Conduct without regard to pending civil or criminal litigation in court or criminal ar-

 rest ond prosecution.
Students. a~ individuals. and collectively. as members of student groups or organizations.
are rcspon:.ible tbr complying with the .::stablishcdSrudent Code orConduct. rhe officers
\lr kadc rs of a student group or organization may be directed to take appropriate action
dc$igncd to prevent or end violations by the group or organization. or by any persons
associated with the group or organization. who c.1n reasonably be said to he acting on
behalf of the group or organization. Failure to make reasonahle efforts to comply with
such a directive will he considered a violation in itself. both by the officers. leader-. or
nd by the group or organi1,ationitsel f.
orga.ni.r.atio
n. 11
/'11q10,1·e

While memhcrs of this community contribute a diverse mix of fdeus and backgrounds. we
hold in commllll those Codes of Conduct that exemplify personal integrity and ethical
hchavior and which advance the mission of the Colk ge. its traditions and values. fhe
Studenl Code of Conduct represents both the rights and responsibilities of individual
members of the Wesh:y community and the good of the community, and make it possible
for a diverse studcn1 hody to live. interact and learn together.
Purpose of Wesley·s Student Code of Conduct:
I. rhe Student Code of Conduct helps to motivate good behavior, enhance respect for
individual differences and emphasize a commitmenl to the overall positive welfare of
the community.
2. The Student Code of Conduct represent$ limits and describes t:xamples of behaviors
that are unacceptable conduct or studl.!nt.sat Wesley College and their guests.
J . rhc Student Code of Conduct assists students in teaming how to assume public responsibilities beyond the campus and in society .
. rudi:nls may be charged with violations of the Student Code of Conduct by any faculty
or staff member. including Resident Assistants. Resident Directors or Safety and Security
O tliccrs. pecific examples of rniscomluct for which students may be suhject lo disciplinary action include. but are not limited to, the following.
1.0 - ACADEMIC HONESTY

Wesley students observe the highest principles of academic integrity and support a campus 1.:nvironmentconducive to scholarship. Wesley College expects that all students will
.ict in a manner that reOects personal and intellectual honesty. See the Undergraduate
Catalog for specific policies and procedures.
2 .0 - ALCOHOL VIOLATIONS

Possession or consumption or any alcoholic beverage by persons under the age of 2 1
is prohibited. Students and student organizations must comply with the published
regulations. and any and all applicable laws, concerning the transport, display, provision, possession, and consumption of beer. wine, and other alcoholic beverages.
Other examples of violations or this policy include but are not limited to;
Possessing and/or using. without authorization according to College policy. alcoholic
beverages
Possessing or use of alcoholic beverages in prohibited areas of the College except in a
residence ha.IIroom occupied by residents and guests legally permitted 10 consume
such beverages, with the door closed. Every individual in the room or apartment
must be of legal age
LI~DERAGE use. possession. or consumption of alcoholic beverages
Providing or serving alcohol to minors ( less than 21) is prohibited including being in
the same room as a minor with alcohol present

 t '

The use
21

oralcohol hy any person residing in 1her(lum if a resident is under the age of

A students who is legally permitted to consume alcoholic beverages. having more
than six (6) iodi\liduals. also of kgal age. prcsl!nt in their room or apanment ,~hen
alcohol is being consumed
Possessing kcgs of beer. or other large volume containers, that enable consumption of
c-.:ccssi\e amounts or alcohol. nnd rclat.:d par:1ph.:rnulia, that arc prohibited
Stuui.:nt"of h:gal age an: permiucd to hring alcohol into thc r.:sidcnce halls in rcasonahlc qutintities for their m1n use. ··Reasonable quantities.. is defined as not to e'lcced elm.:ll oz. boule \If liquor per person. six cans/hottlcs of beer. or wine coolers pcr
pcr,;on or legal age not!() exceed 24 bottles total or 1wnbmtks of liquor in the mom
Presence in an area where alcoholic beverages arc present
Possession or consumption of akohol at any College function or activity
Misconduct of any form as a result of intoxication on campus or at College sponsored
act ii itics while under the inlluencc of uny amount of alcohol or illegal drug
Public Intoxication
Possession of open containers of alcoho l
Driving Under the lnOuence of /\lcoh0I/ Driving While Intoxicated
3 .0 - DRUGS AND/ OR DRUG PARAPHERNALIA
I Ilegal possession. use. sale. or distribution of any quantity. whc1hcr u~able or not. or any
drug. narcotic. or controlled substance and/or paraphernalia. is prohibited. Studen1s
found present wht!re drugs arc hcing us.:d illegally. whether participating or not, may also
he in violation of this polic}'.
4 .0 - HAZING POLICY
Engaging in hazing or voluntarily submitting to hazing. including an initiation by an organization that involves any dangerous, harmful. or degrading acr to a swdent is prohibited. Violation of this policy renders the student(s) involved and the organiz.ition subjecL
to discipline. The Wesley College Anti-Hazing Policy is in direct compliance with the
Stale of Oeln,\arc Anti-hazing Lnw, and forbids individual $tudents or student organizations from pai1icipating in acts of hazing... ,.razing.. is defined as: any action or situation
,1hich recklessly or intentionally endangers the mental or physical heallh of safety of-a
student. or which willfully destroys or removes public or private property for the purpose
of ini1ia1ionor admission into an atliliation with. or as a condition for continued membership in. any organization operating under the sanction ot: or recognized as an organi1:1tfonby an institution or higher learning (For more information about the Anti-I lazing
Policy. please see the Student Organi.wtion Manual).
5.0 - HARASSMENT/ COMMITMENT TO CIVILITY
Wesley s tude nts res pect the healt h, sa fety, we lfare and right s of all persons. Wesley
Co llege expect s that all students will act in a civil manner that reflects maturi ty.
soci al respon sibility, and respect towa rds others and the Wesley Community . Viola tions include but are not limited to:

A1.:1s
of lntolcrancc/lntlmidation - verbal. physical, written. or electronic acts of intimidation and/or harassment aimed towards any person or group on the basis of race,
~exual orientation. religion. disability, nationul origin. or gender is prohibited
Threats matle - in person, by telephone. elec1ronically, in writing or by other means.
against any person
Making racial or ethnic slurs: making slurs against anolhers sexual orientation or
religion

 )

()

I he use of social networking websites to harass. s1alk.threa ten, or in any way intimidate ,lnulher s tudent

6.0 - HARM TO PERSONS
Actions whic h resu lt in ph ysica l harm , ha ve the potential for ph ysica lly har ming
anot h er per son, which crea te condition s that pose a risk of ph ys ical h arm to anoth e r, or which cau se reasonable appreh ension of ph ys ica l harm ar e prohibit ed. Co nduct wh ich th r eate ns to cause harm to per sons, or cre at es ha za r dous condition s for
1>erson s, such as dr opp ing. thr owing, or ca using object s or s ubstances to fall from
window s, do ors. ledges. balconies o r roofs is also pro hibited. Violatio ns includ e but
arc not limit ed to:
Fightin g
Inciting lighLS.assaults. acts of sexual violence .• ibusc. or threats
Language that is designed. or ha!>lhe impac t of inciting others to violate this policy
Endangering the health or ,;aJi:ty of othe r persons . including, ny
unuu thori1.e::d
throwing of any objects in or from Co llege facil ities

way or example .

7.0 - DISRUPTIVE ACTIVITY
Disruptive activities or disorderly conduct at a campus activity or on College-owned
or controlled property or at a College-sponsored or supervised function which inhibits or interferes with the educational responsibility of the College community or
the Co llege 's socia l/ed uca tional activities are prohibited. Violations include but are
not limited to:
Using abusive. indecen t. profane. or vulgar language
L>isorderly classroom conduct that obs tructs, intcdi:res with, inhibits and/or disruptS
teach ing ond/or classroo m activities
Participating in an on-ca mpus or off-cam pus demon stration or activi ty that disrupts
the nortna l ope ratfon o f"the Co llege or infringes on the rights of other members of lhe
College co mmunit y: leading or inciting. others to disrupt scheduled and/o r normal activities within any campus building or area
Obs trucring the tree flow of pedestrian or vehicular traffic on College premi ses or at
College sponsored or supervised eve nts

8 .0 - VANDALISM AND/ OR ABUSE/ MISUSE OF PROPERTY
We sley student s respect th e propert)' of oth er s. and th e propert y, faci lities, and reso urc es of the Co llege. Wes ley Co llege expects tha t its students wi ll treat the prop ert y of We sley Co llege and the property of others with the sa me re s pect that they
wo uld ask other s to show to th em. Viola ti ons include b ut ar e not limited to :
Destroying. defacing . damagi ng, or misusing or private or College property (including misuse o f fire or life-safety equipment or property) or property belonging 10 another
Making false alarms or reports where the person knowingl y initiates. comm unicates.
Qr circul ates a report of present past. or future bombing. fire. offe nse. or othe r emergency that s/he knows is false or baseless and that would ordina rily cause action by
an official or volunte er agency organized to deal with emcrgc ncics: or prevent or interrupt the occupat ion of a building. room or uircraft , automobile. or other mod e of
conveyance
9.0 - THEFT
Stea ling property from Wesley College. anothe r student (s), or any membe r or guest
of the W esley Co llege comm uni ty is strict ly prohibited . Violatio ns includ e, but a r e
not limited to:

 Stealing. or unlawfully taking possession of someone else· s personal property without
prior permission or consent
Altempted theft of another individual's personal belongings or property, or that of the
college
Unlawfully entering another c;tudi.:n.-s
residence hall room. ,~ith the intent to burglari:1cthe room
Entering a college facility or area. and removing property that hclongs to the college
or an individual without their prior kno,,Je_d
ge or cons1:nl
ll nluwfully ri.:moving it.ems from the college dining facilities. convenience stores.
bookslllrc. kiosk. or vending oper.ition
:\ s~i'sling or being an accessory to :t lht:ll or a11emptedtheft
I laving knowkdgc ot: or observing a theft occur and not reporting it: or,~ ithholding
inform,t1ionrelevant to an investigation
Attempting to sell back textbooks to the bookstore that do not belong to the seller
10.0 - FAILURE TO COMPLY/ WILLFUL OBSTRUCTION
Failur e to co mply wi th the dir ectio n of a Co llege officia l (Reside nce Life staff included ) or Law Enforc eme nt Officer: harass ing the afo re mentione d perso ns acting
in the performa nce of his/ her duties; failur e to identiry onese lf to Co llege s taff ; or
failur e to heed an official s ummons to the office of a Co llege official within the designated time. Violat ions include but are not limited to:

Failure 10 provide o valid Wesley ID card. or other valid identification upon the request of any Wesley College official. employee. or stud1:n! Ii le student staff member
Failure to rcpon immediately any serious health or safety risk to the Dover Police,
Wesley Security. the Oean of Students Ollice. or other appropriate colkge personnel
Failure to make a reasonable. positive effort to remove themselves from the environment where these standards are being violated
Giving false testimony or other evidence at a 1:ampusdisciplinary or other administr..lli\e proceeding
Failure to appear 1hra scheduledjudicial conference. adminii.1rntiveHearing or Judicial Board Mearing
11.0 - COMPUTER AND NETWORK USE POLICY
Vio lating Co llege 's policies governi ng computi ng reso urces as outline d in the Co llege's Comp uter u11dNetwo rk Use Policy and its Electro nic ltif ormatiott Publicatio11
Policy. available at the Co llege web s ite (http ://www.wes ley.edu ). Vio lation s of these
policie s may be grou nds for disciplin ary action and/or prosecut ion as permitted
under local. state an d federa l laws. Mis use of College information syst.ems is prohib ited . Vio lation s include but are not lim ited to:

U$inga computer .iccount that belongs to another individual
Modifying. copying. or deleting programs or data without proper authorization
Using College r,:sources for commercial purposes and/or for personal profit
Circumventing logon or other security measures
Modifying system facilities or attempting to disrupt Wesley Collegecompuring sysh:ms

Using information systems for any illegal or unauthori1.:dpurpose
Using network resources to send or publish abusive. obscene. or harassing communications

 }

•

Makin!cl.acquiring. or using.unauthorized copies of computer software
Denying or Interfering with computing service to other users in any way. which may
include propagating chain lc!tcrs. spamrning (spreading e-mail or postings widely and
without gooJ reasons). or bombing (llooding an individual. group, or system with
numerous ur large e-mail messages)
Using the College computer system in a ,\a y that suggests Wcsky's endorsement of
an) political c:inJid:uc or ballot initiative
Playmg sounds or messages which could rn!ah.: an mmospherc of Jiscomfon or har<1Ssmen1
of L\thcrs
Sending forged e-mail. using rc-maikrs or any shielded identity programs
Using t:lcctronic communications 10 fabritnte research data
Crt·ating. launching. distrihuting. ot maintaining computer viruses. "l'rms. destructive or Nher rogue programs. including the unintended panicipation in such activity
by not providing an Antivirus program \\hich can he updated daily (a requirement for
ne1workaccess).
Reading other users· inform:itionor tiles without permission
Using electronic communications to steal another person's works. or otherwise misrepresent onc·s own work
Engaging in academic dishonesty as defined in the College·s Academic Plagiarism
and Dishonesty Policy
Cracking or guessing and applying the ID or password of another user
Oo,,nloading or posting illegal. proprietary. or damaging material lo a Colh:ge computer
Removing or modifying any College-owned or administered computer equipment or
data
Using S)'~temsin violation of criminal or civil law at the federal. state. or local levels
(examples include m:eiving. transmitting. possessing child pornography: making
bomb threats: promoting a pyramid :,Cherne:distributing illegal obscenity: infringing
copyrights. and so on)
P2P downloading or sharing programs are not pem1i11ed
on campus. This includes the
use of Li mewire. Ares. Torrents. etc. Use of any P2P programs in any manner. may
result in network access being revoked which will require the equipment be brought
10 the Information Systems Department. The use of iTunes and other legal websites is
pt!rmiued.
Creming a network disruption, which provid.esor tokes an unfair portion of network
resources 10 or from others. may also result in network access being revoked.
Using electronic or other devices 10 make an audio or video record of any person
while on Colkge premises without his/her knowledge, or without his/her effective
conscm \\hen such a recording is likely to cause injury or distress. This includes. but
is not limited to. surreptiliously taking pictures of another person in a gym. locker
room. or restroom

12.0 - POSSESSION OF WEAPONS

Using or possessing ammunition, firearms or items that resemble Firearms (Includ ing painrball guns), illegal knives (knives with blades longer than five and one-half
inches. hand instrument s designed to cut or stab another by being thrown, stilettos,
poniard s. Bowie knives. swords , and /or spears) , or other illegal weapons on College
proper ty. Violations include but are not limited to:
Guns

 (

\

)

Paintball Guns
BB Guns
Pellet Guns
Potato Guns
Pod,et Knive!-.
MeJieval /Co llcctor Sword:-IKnivcs

13 .0 - GENERAL LAWS
Student s or student org anizati ons involved in violat ions of any federal . state , or
loca l la ws may be s ubj ect to disciplinary action. Disci plinar y act ion impo sed by the
Co llege ma y pr ecede and /or be in addition to an y penalt y imp osed by a n off-ca mpu s
aut horit y .
14 .0 - POSTING AND ADVERTISING POLICY

W esley Co llege prohibit s posting a nd adv ertise ments that are not s ponsored by an
office, o rganizati on. or employee or the Co llege community . All postings and adver ti semen ts not sponso red by the Co llege, or not identifying th e sponso rin g p arty, will
be removed and discarded. Posted mat eria ls ma y not violate the Miss ion of the Co llege. W esley College pr ohi bit s the di st ribution, publication, posting, or annou ncement of advertiseme nts on its campu s which promote the s ale or co nsumption of
beverage alcohol or which promote bu sinesses w hose principle enterprise is the sa le
of beverage alcoho l (i.e .. liquor store s. cocktai l loun ges. bar s, ni ghtclubs. a nd ta vern s).
Some student orga nizati ons will be given the pri vilege of having and using a n orga niza tional bull etin board depending on ava ilable space . Violati ons includ e but are not
limited to:
• Any materials posted oo campus that viola te the posting policy or are out of
.:i~signed posting areas will be removed
• Only n:gistcred Wes ley Colkgc organizations and students selling individual goods (i.e .
books. li.tmiture. etc.) may post on campus
• Due to limited space. posting is not permitted for any organization not affilia ted with
Wes ley Co llege unless approved by the President's 011ice
• Posted material presented may not he ofun offensive natun: (sexist. rucisl. obscene.
libelous. slanderous. etc.)
• Posted material must have Wesley College . the name of the sponsoring person. o rganization. or depanment. and the date on the poster
• Materials may NOT be pluced on painted surfaces or any glass window s/do ors (including wood and/or plaster finishes)
• No duct tape. masking tape. or strapping tape may be used to adhere posting materials
in an) area on campu:.
• Flyers. poste rs. banners. ere. may be posted for no more than two weeks and must be
removed the day atler the event
• Pos ting is not permined on trees. benches. trash cans, rocks. tl!lephones. banisters. or
campus exteriors
· Thumbtacks and stap les are to he used only where appropriate
• A dr:iwirJg of sidewalk chalking must be approved by the Director of Student Activities
prior 10 chalking

 • Chalking must he IO feet from the entrance 10 a huilding-and may nol be done on steps
• Chalking may only be posted for a maximum of live da)S
• Chalking must be removed by 1hedoy aller the event date posted
· Banners. sheets. etc. must also be approved for positioning by the Director of Student
Activities and will he approved only for campUS·\\·ide events and in specific areas
• Failure to follow the$e standards \\ill result in the follo"'ing sanctions: Isl Offense
-Wriucn " arning from Student /\ctivi tieb Office: 2nd Offense - posting probationary
period: 3rd Offen~e- Revocation of posting privileges for the s~mt:Ster.
15.0 - SEXUAL MISCONDUCT POLICY

Wesley College believes in a zero tolerance policy for sexual misconduct . Members
of the College commun ity. guests and visitors have the right to be free from sexual
violence. When an allegation of sexual miscond uct is brought to the adm inistration,
and a respondent is found to have violated this policy, ser ious sanction s will be used
to ensure that such actions are never repeated. All members of the community are
expected to conduct themselves in II manner that does not infringe upon the rights of
others. The College Sexual Misconduct Policy has been developed to reaffirm these
principles and to provide recourse for those individuals whose rights have been violated. This policy has dual purposes. It serves as a measure.for us to determine, after
the fact. if behaviors trespass on community values. It also should serve as a guide
for you on the expectations we have, preventatively. for sexual communication, sexual responsibility and sexual respect.
OVERVIEW OF POLICY EXPECTATIONS WITH RESPECT TO PHYSICAL
SEXUAL MISCONDUCT

While the policy helow is quite detailed and specific. the expectations of chis community
can be summarized in this simple paragraph. In order for individuals to engage in sexual
activity of any type with each other. there must be clear consent. Consent is sexual permission. Consent can be given by word or action. but nonverbal consent is less clear than
talking ahnut what you want ant.lwhat you don·1. Consent to some form of sexual activity
..:annot be automatically taken as consent to any other sexual activity. Silence without
actions demonstrating pennission cannot be assumed to show consent. There is a difference between seduction and coercion. Coercing someone into $CXUa
l activily violates this
policy just as much as physically forcing someone into sex.. Coercion happens when
someone unreasonably pressures someone else for sex. When alcohol or other drugs are
being used. someone will be considered unable to give valid consent if they cannot appreciate the who. what, when. where. why, or how of a sexual interaction. Individuals
'"ho consent ro sex must be able to understand what they are doing. You will do well to
keep in mind that under this policy. ··No.. always means ··No:· and ··Yes·· may not always
mean ··Yes.'"
RISK REDUCTION TIPS

If you tind yourself in an uncomfonable sexual situation. these suggestions may help you
to reduce your risk:
I. lf:vou have limits, make them known hefon! things go too far.
2. Tell a s.:xual aggressor ··NO""clearly and loudly. like you ll)ean iL
3. Try to extricate yourself from the physical presence ofa sexual aggressor.
4. Grab someone nearby and ask for help.
5. nc responsible for your alcohol intake/drug use and realize that alcohol/drugs lower
your se»ual inhibitions and may make you vulner:ible to someone who views a drunk
Or high person as o sexual opportunity.

 II

)

6 Watch out for your friends and ask that they watch out for you. A real friend will get
in your lace if you are about ro make a mistake. Respect them if they do.
If you find yourself in the position of being the initiator of sexual behavior. you owe
se,,:ual respect 10 your potential p:irtncr. These ~uggestions may help you to reduce your
ri~k for be inf accused of sexual misconduct:
I. DONT MAKE ASSUMPTIONS. About consent. About someone·s !\exualavailability. J\hout whether lhey are attracted lo you. About how far you con go. About
,\hetha they are ph)sically and mental)) able lo conse111
to you.
2. Clearl)' c11mmunicateyour intentions 10 ;Our sexual partner and give them a chance
10dearly relate their intentions to you.
J. !vli,cd mcssages from your purtncr should he a clear indication that you shoulJ !;tep
hack. defuse the sexual tension. and communicate belier. Perhaps you an: misreading
them. Perhaps they haven· 1 figured out how far they ,1 ant 10 go with you yet. You
need lo respect the timelinc with which they are comfortable.
~- Don·1 tal._cadvantage of someone's drunkenness or drugged state, even if they did it
to thcrnsclves.
5 Rcali1e that your potemial partner could be intimidated by you. or tearful. You may
have u power advantage simply because of your gender or site . Don't abuse that
power.
6. Understand that consent to some forms of sexual behavior does not necessarily imply
consent to other forms of sexual behavior.
7 On this campus. silence and pussivi1ycannot be interpreted by you as an indication or
consent. Read your potential partner carefully. paying attention to verbal and
non-verbal cnmmunication and body language.
Although in campus hearings legal ideas like guilt and innocence arc not applicable.
rest-assured 1het the College will never assume a student is in violation of university policy. In fact. campus hearings are conducted 10 take into account the totality of all c"i·
ucnce available. from all relevant sourccs. Wesley College reserves the right to take
whatcvcr measures it dct:ms necessary in response to an allegation of sexual misconduct
in nrder to protect students· rights nnd personal safety, Such measures include. but are not
limited to. modification of living arrangements. interim suspension from campus pending
a hearing. and reporting IQthe local police. Not all fonns of sexual misconduct will be
deemed to be equally serious offenses, and the College reserves the right to impose diffrring sanctions. ranging from oral warning to expulsion, depending on the severity of the
offense. The College will consider the concerns and rights of both the complainant and
the person accused or sexual misconduct.
SEXUAL MISCONDUCT OFFENSES INCLUDE , BUT ARE NOT LIMITED TO:
I. Sex ual Harassme nt
2. Non-C o nse ns ua l Sex ual In terco u rse (or atte mpts to co mmit same)
J. Non-Co nse ns ual Sex ual Co ntact (or attempts to commit sa me)
4. Sexua l Exp loita ti on

I. SEXUAiHARA,SMENT
Gender based verbal or physical conduct that unreasonably imerferes with or deprives
somi:oneof educaiionul access. benetit~or opportunities.
-n,rce Types of Sexual Harassment
;\ . I !Qstjle
Envjrqnmcnt
includes any situation in which there is harassing conduct that is
sufficiently severe. pervasive/pcrsi~tentand patently/objectively offensive that it airers the conditions of education or employment. from both a subjective (the alleged
victim·s) ond on objective (reasonable person·:;) viewpoint.

 13.Ouid1)/'0 quoS\(xual
harassment
exists when there an::
unwelcome sc:\Ual advance~.requc:st~for sexual favors or other verhal or physical
cunduct of a sexual nature: and
2) submission to or rcjcctiM of sm:h conduct result!\ in adverse educational or empl<>)ment action.
C. RctaliatoQ harassment
is an) mhersc emplo) men\ 0r cduc~tional action taken against
u person because ol' lhc per~on·s participation in a complaint or investigation of disaimination or ~c:1.ualmisconduct.
1)

1.

NON
-CO
NSENSUA
LSEXUA
L I TERCOURSE
:

Non-C'on~cnsual~exual Intercourse is
an:, sexual inte~coursc(anal. oral. or vaginal).
hc:nveve
r slight.
with an) object
hy a man 1,r\~Omanupon a man or a woman.
without conso::nt*
.
J. 'NO
N-CONSENSUAL
SEXUAL
CONTAC f:
Non-Consensual Sexual Contact is
any intentional sexual touching.
however slight.
with an) object.
by a man or a woman upon a man or a woman,
wilhout consent*.
• CONSENT DEPINED

Consent is informed, knowing.and voluntary. Consent is active. not passive. Silence, in
und of' i1self,cannoi be interpreted as consent. Consent can be given hy words or actions.
us long as those \\Ords or actions create mutually understandable pe.nnission regarding
the comliLions of sexual activity. Consent 10 one form of sexual activity cannot imply
consent to other forms of sexual activity.
Previous relationships or consent cannot imply consenl to future sexual acts. Consent
cannot be procured by use orphysical force. compelling threats. intimidating behavior. or
coercion. Coercion is unreasonahle pressure for sexual activity. Coercive behavior differs
frorn seductive behavior based on the type of pressure someone uses to get consent from
another. When someone makes clear to you that they do not want sex. that they want to
'-IOp.or that they do noc want to go pas1 a certain point of sexual interaction. continued
pressure beyond that point can be coercive.
In order to give effec1ive consent. one must be of legal age. ff you have sexual activity
with someone you know to he - or should know to be - mentally or physically incapacilatcd (hy alcohol or other drug use. unconsciousness or blackout), you are in violation of
this policy. Incapacitation is a state where one cannot mnke a rational, reasonable decision because they lack the ability to understand the who. what. ,vhcn, where. why or how
nfthcir sexual in1craclion.
fhis p<>licyalso covers someone whose incapacity results from mental disability.
sh:ep. involuntary ph)sical res1rainLor from the laking of a so-called "date-rape..
drug. Possession. use and/or distribution of any of' these substances. including Roh) pnol. Ketomine. GI 18, Ourundanga, etc. is prohibited. and administering one of
the~c drugs to another student for 1i1e purpose of inducing incapacity is a violation ot
this policy. More information on these drugs can be found at http·//www.9) Jrape
oro/
Use of alcohol or 01hcrdrugs ,~ill never function to excuse behavior that violates 1his

 '
policy.
Sexual acti\lity includes;
Intentional contact with the br.:asts. buttock. groin. or genitals, or touching another
with an) of these body parts. or making another touch you or themselves \\ith or on
any of tht!sc body pa~s: any intentional bodily contact in a sexual manner. though not
invol\ ing CMtacl with/ol/by breasL.
\ bullocks. groin. genitals. mouth or other orifice.
lnti.:n;ourse however slight. meaning v,1ginal penctrution by a penis. object. tongue or
linger. anal penetration h) a penis. oh_iecLtongue. or finger. :ind oral copulation
(mouth 10 genital contact or genital to mouth contact).
4. Sf' XUAL F:,XPLOrIATl ON
Occurs when a ~tudent rnkes non-consensual or abusive sexual advantage of llnother for
his/her own advuntage· or hcnefit. or to bcnelit or advantage an)onc other than the one
hcing c;-.plt>ited.and thnt hchavior does not otherwise constitute one of other sexual misinclud..:.but are 001limited to:
conduct (1ffenses. Examples of sexual <!.Xploltation
proi.tituting another stmknt:
non-consensual video or audio-taping uf sexual activity;
going heyond the boundaries of consent (such as leuing your friends hide in the closet
10 watch y 0u having consensual sex):
engaging in Peeping Tommery:
knowingly transmitting an STI or l llV Loanother s1udcnLThe requirements or this
policy arc blind h> the sexual orientation or preference or individuals engaging in
sexual activi1y.

SANCTIONSTATEMENT
/\ny student found responsible for violating the policy on Non-Consensual Sexual
Contact (where no intt!rcourse has occurred) ,~ill likely receive a sanction ranging
from warning Loexpulsion. depending on the severity of the incidt:nt,and taking into
:iccounl any previous campus conduct code violations.*
Any student found responsible for violating the policy on Non-Consensual Sexual
Intercourse will likt!ly face a recommended sanction of suspension or expulsion.•
• Any 'ltudent found responsible for violating the policy on sexual exploitation or sexual harassment will likely rect!ivc a recommended sanction ranging from warning to
expulsion. depending on the severity of the incident and taking into account any
ns. •
previous campus conduct oode viol,1Lio
"fhe conduct body reserves the right to broaden or lessen any range of recommended
s,1nctions in the complaint of serious mitigating circumstances or egregiously offensive
behavior. Neilher the initial hearing ot1icers nor any appeals body or officer will deviate
from the range:of recommended sanctions unless eompclling,iustilication exists to do so.
CONFIDENTIALITY AND REPORTING POLICY

Diflen:nt people on cumpus haw different reponing responsibilities. and different abililies to maintain your conlidcntiality. depending on their roles al the college. When con:-ulting campus resources. victims should be aware of confidentiality and mandalory reponing. in order to make informed choices. On c<1mpus.some resources may maintain
your complete confidentiality. offoring.you options and advice without any obligation to
tell anyone, unless you want them 10. Other resources are expressly there for you to report crimes and policy violations. and they will take action when you repon your victimi,ation to them. Most resources on campus fall in lhe middle of these two extremes. Neil her the college nor the law requires them to divulge private Information that you share
with them. except in extremely rare circumstances. described below. You may seek assistance from them withoul starting a chain of events that takes things out of your control.
or violates )Our pri\lucy.

 l J

To Report Co nfide nti~ lly

If you ucsirc that details of the incident be kepi confiJen1ial. you should speak with the
college counselor. campus health service providers or off-campus rape crisis resources.
( "iA E nun.cs. \\ho speciali2e in trca11ng~ictims or~e.xual assuult. are alway~ availnble
or on-cull at Kent General llospital) \\hp will maintain conlidcntiality. Campus counseling service~ are availabll! to· help you free of charge. ,rnd caR,he. seen on an cmergcncy
h:isis. In adJi1ion. you may speak on anJ off-campus with mcmbers of the clerg)' and
ch:iplains. \\ ho will nlso kcer reports ma<k to them confidcntial.
Quasi-Co nfid ential Repo rtin g

Yuu can scck advice from certain resourct:s \I ho are no1 requirt:d to 1dl an) one dse your
priva1c personal I)' i(knlitiable informlllion unless there is caui.c for fear for your sakty.
or the ~atcty of others. fhese resoul'Cesinclude those II ithou1 supervisory responsibility
or remedial authority to address sexual misconduct. such as RAs, faculty members. advi~ors to student organi,.ations. career ~erviccs staff. admissions otl"iccrs.student activities
personnel. Sludcnt Lifi: staff members. and many others. If you are unsure l)f someone' s
duties and ability to maintain )OUr privac)', ask them before you talk to them. They will
bc able to tcll you. and help you make decisions about who can help you best. Some of
these resources. such as RAs• .-ireinstructed to ~hare incident reports with their supervisors.. but they do not share any pcrsonally identifiable information about )Our report un·
lt!!>S ) ou give pcrmission. except in 1hc rare event that the incident reveals a need to protect )OU or other members or the community. If your personally identifiable information
is shared. it will he sh:ired with as few people as possible. and all efforts will be made to
protect your conlidcn1iality to the greatest extent.
Non-Confidentiul Re1>0rtingOptions
You arc encouraged to speak to orficials of the institution ro make formal reports ofincidcnts (dcans. vice prcsidenLS.or other adminis1ra1orswith supervisory responsibilicies.
campus security. and human resources). You haw the right and can expect to have inciJcnts of s.:xual misco11duc1to be taken seriously by the college when formally reported.
anJ 10 have 1hose incidents investigated und properly resolved through administrative
procedures. Formal reporting does not mean that your report \'fon·t be confidential. but it
docs mean that people who need to know will he told. and information will be shared as
necessary \..ith investig:itors. wiln.:sse~.and the accused. The circle of people will be kept
as tigh1as possible. to preserve your righcs and privacy.
Additiona l Policies:
I<,. Unauthorized possession. ignition, or dctonation of any explosive device, fireworks,

liquid, or object that is tlammable or which could cause damage by lire or explosion
to persons or property on College property.
17. Forging. altering. or misusing College documenlS. forms. records, or identification
cards, or issuance or a check 10 the C'ol lcge or its contractors without sufficient funds
18. Gambling or playing cards for money stakes.
19. Utte ring.
20. Violating quiet hours.
21. Smoking and/or the use of an) tobacco products are not allowed in any campus
building. Smoking is allowed only outside of the facilities where concrete smoking
receptacles are avail:ible.
22. Violating the otT campus travcl policy for groups traveling away from 1he campus. on
a Collcgt: sponsored trip. The policy and guidelines arc provided in the Student Or·
ganizational lanual. Forms for off campus sponsored 1ravel are available in 1he ~tutlcnt Activitics Office.. Student Life Office, und the Safet) and Security Ollice.

 )

23. Puhlic Urination or lewd or indccen1conduct.
24. Entering or using College buildings. facilities. equipment. or resources. or possession
or use of College keys for unauthoriztid purposes.
25. Loitering: Due to tire safety concerns Md for the personal sat'etyof students, loitedng
is not permitted in fron1 or an) residence hall. .Any ~tudcnt \~ho stands. and/or sits
idh.:in a group M the steps. ~h:lcwalk. or stands or congregates with-other, in front Clf
a residence hall will be wnsitlered loitering. /\n~ student who violates this policy
irnd/or refuses 10 move when requested h:r Wesk) College St:curity or Residence Lite
:-taff I RD,: RAs) will be a.-sessedfinancially for# I0.0 - Failure to Comply.
GOOD SAMARATIN POLICY

rhc health nml safely of our slUdents is nl' the highest priority. At times students nmy
m:ed imrnediu1emedical or other professional assistance. llo,\cver. students may he reluctant 10 get hclp because of concerns thm 1heirO\\ n behavior may be a violation of the
Student Code of Cpnduct. To minimize an:,, hesitation s1udcnts or student organizations
may have in ob1aining help dui.:10 thesi.:c.:oncc
rns Wesley College has enacted the lbll(ming "Good Samaritan" provision.
Ahhough policy violations cannot he O\erl1)oked.Wesley College will consider the positive impact ofrepo ning .in incident when determining the appropriate response for policy
viCllatiuns. In such cases. Bil) ' possible negative consequences for the reportcr{s) of the
problem ~hould be evaluated against the possible negative consequences for the studcnt(sl who needed assistance. At a minimum. students or student organi1.ationsshould
make an antJnymousreport that would put the student in need in touch with emergency
care providers (Police. EMS. etc.). Examples where this policy would apply include but
ure not limhed to:
A student is reluctant to call an ambulance when a friend becomes unconscious
following excessive consurnptiN1or alcohol because the reporting student is
unJcr the age of2 I and was also consuming alcohol.
.2. /1.student is reluctanl to report that he/she has been sexuall) assaulted because
lw/she had been consuming alcohol and is under the age of 21.
PROCEDURES FOR STUDENT CONDUCT ADMINISTRATION

lne l)ean of Students shall have primary authority and responsibility for the administration of.;1udent discipline at Wesley College and for investigating allegations that a student has violated College rules and regulations, or specific orders and instructions issued
hy an adminis trative official of lhe College.
,\n~ member of the College community may lile a complaint against a student for ~iolations of the ·tudcnt Code of Conduct. I he report shall be prepared in writing and sub·
. Any cnmplaint should be submitted as soon
mitted lo the Director of Safely and S1::curity
as possihle alter the incident taJ..csplace. preferably \\ ilhin two business days.

Prnrc5
s Overview
/1.nyviolations of the Wesley College Student Code of Conduct must be reported through
un incident report. fhe report may come frorn a campus Safety & Security Officer. a
Residence Lifr staff member. Law Enforcement Otliccr. Wesley College student. or any
other member of the Wesley College or local community.

StandardoCernoC
The Judicial process ,It Wesley College. like many colleges and universitics. operates
based on a ..preponderance of evidence.. as the "standard of proof:· A preponderance of
evidence is described as enough evidence to make it more likely than no, that the accused
5tudent has violated the Student Code of Conduct.

Ednratiooal
Confeccnrr

 )

Once an 1m:1uentor , 1oia11onof the Srudent Code or Conduct has been reponed. the first
step will he an Educational Conference. Educational Conferences are held by trained
Judicial I !caring Ol'licers. which may be a Resident Director. Student Life-staff member.
;idministrator. or faculty member. The Director of Residence Life or Dean of Students
,, ill assign each accused student a Conduc1 Officer for !heir Educational Conference.
Parents are not permitted to an.end Educational Cont'erenccs with stu<;(f~
ts.
During the Educutional Conference. lhe accused s1udent(s) and 1hc conduct officer will
meet to infonnall) discuss the incident. ,i.ndthe stud,mt(s) will be gi,en the opponunil)
to explain his/her version or events. In the event !hut the conduct 01licer Jeu:rmines !hill
a polic) has NOT been violated. then the case and any related judicial charges may be
dismissed. Ir the conduct ol11cermaintains that a policy has been violated. the accused
:-.tmknt(l;) will he given two options: The first option is 10 accept responsibility for vio1,llingthe policy: thus. "aiving 1he rig.ht to a formal .Judicial Board Hearing. nnd having
1he conduct ollicer b~ue lhc -;tudent(s) hiSJhcrjudicial sanctions (outcome). When this
o,curs . the ca.-c is considered RESOLVED at the.conclu~ionof the Educational Conlerencc.
Students may OT appeal the ou1comcof.in Educational Conference. since the student is
essentially taking rcsponsibility for violating the Code of Conduct, and they are waiving
their righ1 to ,l fom1al judicia l hearing. Additiom1lly,at an Educational Conference. the
~tudcnl is either infonncd of the exact disciplinary sanctions being imposed. or at a minimum. they will be given a range of po:,. ible sanctions being considered. before the student b required to accept respon~ibiii1yor request a f'onnaljudicial hearing.
Students who do not feel as though they havc violated the Student Code of ConducL have
a :.econd option. ,\hich is to request a fonnal Judicial Board lle-aring. All students have
a right to a lilir and objective Judicial Board I !earing.

,ludirialBoardHeariors
A Judicial Board Hearing will occur when the accused student(s) does not feel he/she is
responsible for viola1ingthe Student Code of Conduct.
J11Jiciul 8()(1rds

Judicial Board Hearing Officers arc thoroughly trained faculty members. staff members.
and students. Faculty and Staff Judiciul Roard Members are appointed by the President
uf the College. Students who wish to serve on the jud icial board. may apply through the
DUict! o/S111de111
life. In order for a studeni to be sekctcd, they must have a clean student conduct record. und mtty not be on any disciplinary probation st;nus. Studcnts must
nlso he in good academic standing. with a minimum 2.50 cumulative Grade Point Average. Eligibl.: students \\ ill be interviewed b) the Direcwr of Re~idence Lile. or a dcsignee. and members (>fthe Student Lile stalT. There will be a large pool of trained facully. staff, and student judicial board members.
Each Judicial Board for individual incidents or cases will consist of three (J) Judicial
Board Hearing Officers. A Judicial Ruard may consist of the following compositions:
One faculty member. one $lllffmember. and one student member
• rwo Facult) members. and one student mc:mbcr
• Two Staff members, and one student member
• rhree Faculty/StaJfmembers (no student member)
• tudenL<.wanting a Judicial Board Hearing will need to complete a ··Request for a Judicial Board Hearing Form:· On the form. the accused student(s) (or the vfctim in sexual
misconduct hearings) may indicate their prcferred board composition. among the aforcmcntioned options. All of this \\ ill be lhoroughly explained during the accused student"s
kdueational Conference.
!'ht' student may also indicate if they wish to have u ··Full Judicial Board Hearing... or a

 )

(

)

··sanction Unly.. Judicial Board I !earing. In the ca.~eof full Judicial Board Hearings. the
hoard "ill dctcnnine ir the accused student has violah:d any policy or policies. If the
board linds the accused student responsible for violating one or more policy. they will
also determine the appropriatc disciplinary sanctioning (outcome). A student may opl
for a ··sanction Only.. Judicial 13oardHearing. \\ hen their responsibility for the violation
has already hcen acknowledged (for example. they"h:ive afn:udy accepted responsibilit)'· ·.
ror the violation): hO\h:vcr. they do not \\ish to accept tht: sanctions being offered at the
Fducational Conterencc. In these cu.,..:s.it is the Judicial Board·s task to detcnninc the
,tppr<'prlmedisciplinary sanctioning. "
tn:r} effort will he made to cn~urethat each accused student is given a fair and ohjcctivc
Judicial Hearing. l'an of this will he making ~ure that there are no conll_ictsor interest
bct\\Cen a hoard mcmher and an accused student (i.e. the accused sllldem·s acadcmic
adv1:-.orhein{?on the_hoard. accused student in a board member's academic discipline.
Jc<:w,1--d
,-tudent l1a'ving.a personal frh:ndship \\ ith an) hoard member. including the studcnt member. etc.). Board members arc traim:d to .:xcuse themselves ifthere is a significant contlitl of interest. Should the accused student fed a conflict of interest maye>..isL
the) hould immediately bring this to the ancniion of the Director of Residence Life or
Dean orStudents, upon receipt of lhe hearing.notice.

Anneatl
Procedures
tudents who wish to dispute the outcome of an Administrative or Judicial Board Hearing. may appeal their case tu an Appellate Panel. which is chaired by the Dean of Students and consists of t\'vOadditional collcge 1)1licialsappointcd by the Pn:sidcnt of the
College.
To initiate the appeal process. the student must complete an Appdlate fonn and submit it
10 the Director of Residence Life. or u designec. ,,ithin ten ( 10) College Business day~
lh1m the ··Exit Date.. noted al the bouom of the Sanction Assessment Form that the stuc.knt received following their Judicial Mc-dring. J\n appeal must contain complete justilit.:ationand details about why 1hestudl!nt feels an appeal should be granted. An appeal is
no, a rehearing of the original case. In order for an appeal to he reviewed by the Appellate Pund. the following cri1criamust be met:
I. A ~ubstantive procedural error occurred that significantly affected the outcome of the
hearing.
.., cw evidcnce that was not available at the time of the hearing. which. if introduced,
would signilicantly artect the outcome of the hearing.
3. l'hc Sanction is significantly inconsistent with institutional guidelines and/or past
proctices.
If it i~ determined that !here is j ust cause for an appt.:al by meeting one or more of the
criteria listed above. the Din:ctur or Residence Life. or a designec. will forward the entire
case tile to the Dean of Students, Chair of the Appellate Panel. The Appellate Panel will
review all of the documents related to the case, hearing. and sanction assessmenL and
,, i II take one of the following two actions:
1.
Aflirm the decision of the original hearing hody
ii. Rcmand the case back to the Judicial Board. with instructions.

AIIdecisionsmadebxtheAoorllatePanelaceEINAt,.
PROCEDURES

fhe following procedures\\ ill be follO\\Cdin any case, which rc-ulls in a hearing before
the Judicial 1lcaring Board (..Board..). College Disciplinary Hearings ure not legal proceeding~. thert:fore. neither the student nor the College may have legal counsel present al
th.: hearing.
I. fhc accused ~tudcnt will he given written notice orthe following:

 )

a. n,e alleged violation(s)
b. ·1he names involved. date and place of lhe Hearing
.., The 5tUdent is entitled to appear in person before the Boord to de1end against the
charges. If lhe student elects not to appear. the Board will reach its decision on the
basis of info1111ation
available to it al the Hearing.
3. fhc stulknt or lhl! College may request that witnesses competent to give testimony
relevant to the specific charges preferred. he calkd to testify hefore the Ooard. Written or tape reeorueJ swtemenls. rather than personal testimony by witm:sscs before
the Board. ma) be pennittcd at thl· Board·s discretion when extenuating circum~tnncto be present at the lime
es prevent the appearance or a \1 ilncs~. Failure of a wi111ess
of the Hcar(ng_
. except in extenuating circum~t:inces.will not be grounds to delay the
proceedings.
--1 rht: Judicial Hearing Board ma~ uccummodute concerns for the personal safet)'.
\\ell-being. and/or fears of confrnntaliun of the Complainant. Accused Stuucnt.
and/or other "itnci.i.es during the hearing b) pro"iding separate facilities, hy using a
visual screen. and/or by permitting pani,.:ipation by telephone. vfdeophonc. closed
circuit tdevision. videoconferencing. videotape. audiotape. written statement, or other
means. where and us determined in U1cjudgment of the Dean of Students and/or Judidal I learing Board 10 be appropriate.
5. fhe College's case will be presented by the Dean of Students, Director of Safety &
Security. or dcsignce. who may ask questions of any witness.
6. The student may invite a member of the Wesley College Faculty or Professional Staff
10 assist in answering the charge(s) and 10 be present throughout the Hearing, as an
ndvisor. The advisor"s role in the hearing is limited. He or she may write notes or
whisper 10 the student. fhe advisor is not pennitted tu directly address the members
of the hearing board or any witnesses. The advisor may not oiler any testimony to the
Judicial Board.
7 f'he Complainant. Accused Student and his or her advisors, if any. shall be allowed to
aucnd the entirt: portion or the Disciplinary I-Iearing at which infonnation is received
c.xecpt deliberations (except when the board feels this presents safety concerns).
8. fhe student may decline to ,mswer questions asked by members of tht: Board. However. in such a situation. the Board shall make its decision on the basis of information
uvailable at the ~karing.
IJ The Board shall not be bound by tbe ruh:s of evidence used in the conduct of trials
rind cm,rts of law. Ilcarings shall be open only to members of the Judicial Hearing
Board, the charged student. advisors and Witnesses. Witnesses shall be present only
during the time they are presenting testimony.
10. rtii: Board shall make un appropriate record of' the proceedings and this record shall
be avuilablc tn the accused upon his/her request: however, it may not leave the Dean
nf Students Onicc or Onice of Student Affairs. Board Hearings shall be tape rt:corded
in their entirety. Following thc Hearing and during the appeal period, the student
ond/or advisor present throughout the Hearing may lisren to the tape in the Dean of
Student"s o11ice.Recordings of Bt,ard Hearings and decisions shall be tiled in the Oflice of the Dean of Students as a pennanent record.
11. AL the conclusion of a I !earing. the Board members sh:ill mce1 in closed session to
detcnnine its decision. The advisor may not be present during deliberations. If the
student is found responsible of violating the Community Standards. the Board shall
consult \\ ith the Dean of Students or Director orResidence Life prior 10 determining
a sanction or censure.
12. The student shall be promptly and orally informed of the decision by the Chair of the

 ( )

Ooard. Written notice oflhi.:!dec1s1onshan be sent t-0 the student by a representative
working days.
13. Students su~per1ded for community standards violations may not withdraw from the
college in lieu of suspension.

orthe Judicial Board within three (3)

14. The ~rudent may elect lo waive any and all of the above rights. Such waivers shall be
put in writing and made a part of the record t1f the proceeding.
SANCTIONS

fhe Conduct Officer or Judicial Hearing Board shall render a decision to both parties as
~oonas practicable as to if the accused studcnl is responsible for violations and shall. if
necessary. assess a penalty or penalties. fhcsc penalties, which arc not exclusive. but
may be imposed tog.etherwith other penalties. include. but are not limited to.:
I , Verba l or Written Warnin g - fhe student is nolitied that he or she is in violation of

College policies and that additional violations may re:;ult in more severe disciplinary
sanctions.

2. Restitution- Monet<1ryreimbursement for theft. or damages or misappropriation of
f)ropeny of the Colfege.
3. Fines- A monetary amount charged as a sanction for violation of College policy.
Alcohol Ist OITcnse$200.00
2nd Offense $300.00
Animal Policy $200.00
Candles/incense $ 50.00
Discharge of Fire Extinguisher $100.00 (plus charges filed)
Disorderly Conduct $ I 00.00
Drugs/Drug Paraphernalia $250
2nd Offense $400
Failure to Comply
I SLOffense$ I 00.00
2nd Offense $250 .00
Failure to Exit during a tire alarm $50.00
False Fire Alarm $300.00 (plus charges tiled)
Gui.:!stMisconduct $50.00
Littering $25.00
Nofsc Violation
I st Offense $50,00
2nd Offense $100.00
Possession of keg $300 .00
Public Urination $100.00
Smoking Violation$ 30.00
Vandalism $100.00 (plus restitution)
4. Work Project- Assignment of1he student to work for the College for a specilied
number of hours or complete a specified number of work hours off campus as a volunteer at a local social service agency or the equivalent; or 10 attend an cdu.::atlonal
event. Unless otherwise indicated. the project must be corilpletcd within two weeks. If
the project is nol completed wi1hinthe time specified. suspension may result
5. Den ied Access- Denial of the student's right to be in specific areas of the campus or a

...

 specified period of rime (i.e. c~clusion from a residence hall. game room). Termination of the I lousing Contract is not a censure of denied access under this provision.
6. Disciplin ary Pr oba tion - Formal notitication to the student that his or her behavior
mu~"tbe above reproach at all times and that subsequent violations will result in lhe
imposition of more severe sanctions. Disciplinary Probation is established for specilic period of lime. Violation may result in expulsion or suspension. Conditions of
probation must be stated to the student in writing and may include. but are not limited
to:
e:-.clusion from all or designated co-curricular activities
l!xclusionfrom the use of ~pt:cified College facilities
the performance uf community service projects or the performance of
non-compensatedservice to a College depanmcnt for a specilied period of time
sponsorship of or participation in educational programs
the re-assignment of a student to another residence unit for the period of probation
7. Specia l Project · The requirement that the student complete a special project that
may be. but is not limited to. writing an essay. attending a special class or lecture. or
attending counseling sessions. The special project may be imposed only for a ddinite
term.
8. Ter mination of Housing Contra ct- Not a censure of denied access. but a requirement that the student must find housing off campus. Termination of the Housing
Contract docs riot necessarily include tcrrninalion of 1heboard contract.
9. Cou nseling, Psychologiral Evaluation- When deemed appropriate. referral for
counseling or psychological evaluation may be required.
10. Suspension- Separation of the student from the institution for a specific period of
time. A student who is suspended from the College community may not be present on
the carnpus at any time during rhe period of suspension. Class work missed during the
period of suspension may not be made up. S1udents suspended tor Community
Standard violations may not ,vilhdraw from the college in lieu of suspension.
11. Expulsion- Permanent termination of the student's status at the institution. Used only
for otlcnses in which it has been detcrrnined that the student through repeated offenses or the seriousness of an individual offense. has forfoited any right or privilege
to be a member of the College community: or where the CQntinuedpresence of the indivfdual presents a contmuing and immediare threat to the College, members of th~
College community, or property of either.

a

ALCOHOLSANCTIONS,rnesE

£11mrAS£1ss~~
rnoNro 1M,1VtoLIII LLY AND MAY v .. . ~

"REA l'f'ROXL\IATlo~s

l'l'OM nlESE CUIPELINESI

Individua l Behavior (s)

.
.
.
.

Underage (under 21) possession and/or
consumption
Open Container in public or on campus
Ilosting a party involving the illegal
use ofalco twl 10 minors
Public Intoxication

First Offense

.

.
.
.

Disciplinary probation for a semester
or one year
Alcohol Education program
$200,00 campus citation
Personal ReOectionStatement

 ,)

Second Offe nse

.
.
.
.
.

Prob:nion extended for one year and/or
deferred suspension
Alcohol ass..:ssmcnlor substance abuse
rnun:;eling
\300.00 cnmpus citation
Community Service
Parental Notification

Third Offen se

.
.
.

Suspension from the college for I year
Parental Notilicalion
Successful completion of substance
:1bust:trt:almcnt program

*These are typical sanctions: however. there are exceptions. Each studenl"s unique circumstances are reviewed when determining Lhcmost appropriate j udicial sanctions for
that particular student. as "'ell as the best interest of the greater Wesley College community. Sanctioning is at the discretion of the Judkial Board or Conduct Officer.
Sanctions for Violatin g Dru g Policies
Marijuana

First Violation
$250 tine
Mandatory substance abuse assessment
Possible Random Drug Testing (Failure will result in suspension)
Disciplinary probation for one year
Parental notification
Possible service work assignment
Participation in a drug education program
Rt:s idct1cchall access restriction
Second Violation
$400 tine
Mandato()' Random Drug Testing (Failure will result in suspension)
Ilousing suspension and ban from all residence halls
Parental notification
Mandatory substance abuse ass.:ssment
ThirJ Violation
Expulsion from the College
Other Illega l Dru gs

PirMViolation
Housing suspension - one semester minimum
Disciplinol)• probation for one year
Parental notHication
Mlltldatorysubstance abuse assessment
Residence hall access restriction

 )

Second Violation
Suspension from college - minimum of one )Car. or permanent expulsion
Vi11/nti
o11s im•nlving the snle or di.ftribution of illegal drugs and/or co11tro/fed .vubfta11ces will result in perm1.1n
ent expulsion f rom the College.
n1e College re~crws the right at any point in the rangi::of offenses to impose sanctions
dccm<.!d
appropriate in addition to or in placc of ,am:tions listed above. In 311cases. rhc
College rc~crvcs the righ{ tn prosecute criminally for violation of policies concerning
:1lcoholnnd drugs.
INTERIM DISCIPLINARY ACTION

·1he Di:an or ~tudenL~may t,1keimmediate imerim di~ciplinaryaction. including suspen:-.i,1n. pending a hearing against a student for violation of :1 rule ond regulation and when
Lhl.'continuing presence of the student pll:-e<;
a danger to him or hl'rself. other members of
the .:nmnrnnity. property. or an ongoing threat ordisrupting the academic process. When
immediate interim disciplinary action (such as interim suspension) has been taken, hearings will he held under the disciplinary procedures set fonh in the Student Handbook but
,, ill be held as soon as practicablt! after the disciplinary action has been taken unless
otherwise agreed to hy the student.
PARENTAL NOTIFICATION

The Dean of Students or his or her delegate has the authority to determine whl!n and by
what me-unsto notify parents or guardians ab<iuttheir studen1·s infraction and resulting
censure. When SLUdentsunder the age of' 2 1 are found to have committed serious or repeated violations of College policies related to the possession. use or distribution of alcohol or drugs, parental notilication may occur.

RESIDENCE LIFE
Wesley College believes that residence life is an integral part of the total educational
experience. In addition to providing students with a place Lolive. the residence hall provides students '"ith a community in which lifestyles can be dc,clop cd. challenged. and
tested. Some of the advantages of residence hall community living include: formation of
lifelong friendships. participation in various social and athletic activities. involvement in
1he operation of the community governance system. exposure to rhe altitudes and values
of others. development of a tolerance 10 different values and behaviors. enhancement of
academic !>kills by exposuri: 10 olher students· study habits. and integration of the aea.
demic and residential life o(the campus. While the residence hull experiencl' is designed
to allow students to grow and LO develop a~ individuals and leaves many of the decisions
which alfocl their daily lives 10 their own discretion. the College mandates policies and
guidelines for c(lmmunity living. rhesc are not intended 10 hinder community developmcn1. but 10 pmmote institutional goals. maintain high standards orsecurity and sanitation conform 10 local or state 11re. building. safety and h1..'tllth
codes and regulations. and
protect the Collcge·s investment in facilities and furnishings. A large part of··college
education·· is the learning that comes from living "ith others. Wesley's residence life
program is designed to make the adjustments - personal, social. and academic - as
healthy as possible. and to make the living experience both educational and enjoyable.
RESIDENCE LIFE STAFF

The Director of Residence Life provides overall coordination for the residence halls. A
Resident Director (RD) resides in euch residence hall and provides supervision for management of the hall. Each residence hall also has upper-class students who serve as Resident Assistants (RA). The role of these students is to assist the RD in the daily operation
of the building. and to be a resource to students.

 )

RESIDENCE HALL REGULATIONS
RESIDENCY REQUIREMENT
A II s ingle full -time student s under the age of 21 are required to roo m and board at
the Co llege for a minimum of two full aeademie years.

Students \\ho livt:cat the e$tablished rcsicknce of their parent(s) within commuting distance of thl.'.College are exi::mp1from this Policy. /\II requests for exemptions must bt:
,uhmnt<'d in writing to rhe otlice of the Oean or Stutknts . Students. who are not required
1<) Ii, c in thl' residi::ncchalls. but eli::ctIQ do so. may break their contract hetween semesters. Students who break their contract 11 ill he assessed a $300 cancellation peoulty. Rc:siucnt students CUfT) 111g fewer than 12 scmeMcr hour:- must have permission from the
Dean of Students to remain in rhc residence halls.
I lousing for students 11 ho are 23 yi::arst)f age nnd older. a~ well as married couples or
families is nlll provided by the college. /\ stuucnt turning 23 prior to the beginning of a
serm:ster ( fall. spring. or summer) is 1101eligibk to live on campus any longer. Ir a student rums 23 during a semester. he/she is expected to move off campus at the end of that
seme!-tcr. Exceptions may be granted In graduating seniors upon application to the Deparrment of Residence Lift:. TQ he eligible for residence in on-campus housing. traditional students must remain enrolled in Ii.Ill-timeacademic course load (at least 12 credits)
throughout the semester in which they are in residence. If a student drops below 12 credits he/she must move our within 24 hours unless they arc approved by the Dean of Students 10remain in campus housing.
HOUSING DEPOSIT

The non-rcrunuable 5175.00 housing deposit is required or all resident students. If damage~ 10 a stuuent room occur. the charges for repair 11ill be deducted from the: security
depo~it
APPLIANCES

The following appliances are prohibited in resiucnce hall rooms: hot plates. electric coils.
sun lumps. electric blankets. hulogen lamps. air conditioners. heatt:rs. electric percolators.
microwave ovens. hot pots, and any appliance used for cooking. One refrigerator per
room perrnincd. not to exceed 4.2 cubic feet.
CARE OF COLLEGE FACILITIES

tudents are responsible for the care of their rooms. All students arc expected to comply
with reasonable standards of neatness and ~anitacion. Room inspections will be conducted
monrhly by each Residence Director (RD) and or Resident Assistant (RA). These inspections not only involve checks for unsanitary or unsafe conditions. but also involve checks
of improper use of College-provided fixtures. In order 10 protect and maintain College
facilities. as \\ell as meet health codes. the College reserves the right to clean. at the occupanrs expense. any room which is not heing kept reasonably clean. rhe minimum
deaning fee is .$50 . Cleaning for all common areas is provided by the College's housekeeping start: However. students are expected to maintain the common areas of their
residence halls in a rca.~onablcstate of order and cleanliness. Students will be collectively
charged for any ··excessive housekeeping.. necessary.
CHECK-IN/ CHECK-OUT PROCEDURES
Al check-in. all students mus1 fill out ,md sign a room inspection form documenting the

original condition of the room. This fonn is to be filled in again at check-ouL document·
ing the condition of the room before departure. Residents will be held financially respon·
;;ibk for damages caused in their room. Students who fail to complete the room inventory
forms will forfeit their right to contest any damage assessments. Students must maintain
all room furnishings (lighLS.furniture. ·hades) as provided by the College. All furniture
must :itay in the room it is originally assig ned.

 Students are expected to vacate their rooms three hours alter their last final e:.am. or at
the date and time orhall closing. whichever comes first. All residents of each room are
m,pons ibk for leaving the room in good condition by:
sweeping the room and removing trush (trash hags available at the desk: dumpsters
:ire Incsitcdout side)
ckaning und freeing hallwa~ of trash
n:,mwing tape and posters from "alls and Juor.dosing and locking " indow~: h:uving shade or blinds Jo\rn
turning out lights: lt>ckingdoor
completing Room ln~ento1: Repur\ Form - noting damage
rewrning their kc) to the Residcm:c I itc Staff in 1hat building or to the Office of
Residence Life

DAMAGECHARGES
Residents in a room will be held jointly responsible for any loss or damage to the room.
Residents will be held individually or collectively responsible for damage in public areas
of their residence hall (corridors. bathrooms. lounges).
FIRE SAFETY

Snfety of those living in a residence hall begins with an awareness of emergency fire
drills. procedures, and proper usage of fire detection and alam1dcv-iccs.Abuse. tam~ring
"i th fire detection or alarm devices, or misuse of lire extinguishing equipment will not be
tolcrnted and will result in disciplinary action by the College. Students will be informed
about emergency evacuation of residence halls through regularly scheduled and unannounced drill!-.
Special precautions s·f,oufd be laken by all students to reduce lhe dangers of fi re in
their lii•i11
g areas.
I lalogen lamps arc nOl permitted.
Flammable liquids: flammable liquids such as gasoline. kerostne. Coleman fuel and
similar products may not be kept in a residence hall. These liquids arc extremely vola1ileand can rapidl} fuel an explosion.
Smoking is not permitted in any Wesley College building.
Candles and 0pen !lames; because of the dangllr of tire. lighted c::mdles. incense and
any kind of open flame (including charcoal grills and stoves) cannot be allowed in the
residence halls. If found. candles and incense will be confiscated.
Obstacles: the storage of hlcycles. chairs. desks, bed frames. and other items in the
h:lllways or st:lirways is prohihitcd.
Evacuation Procedure - Resident students will be instructed in emergency evacuation
plans through regularly scheduled tire drills. Studt:nts arc required to evacuate the building whenever the alarms arc activated.
Rurning candles or ineenst: (or any other open name) in the residence halls is prohibited
and such items will be confiscated if found and possible disciplinary actions taken against
the resident. In case of fire or visible heavy smol..e the following procedures muse be
follllwed :

The nearest alarm should be ,ct off.
When the alarm sounds all residents and guests must immediately evacuate the
huilding.
All doors must be closed as one leaves a room.
If smoke is visible. one should crav,I to the nearest exit.

 (

)

( }

If the door is too hot to touch - 1l1e door should not be opened.
Cloth should be wedged around the CJ1lcksof the door and the student should remain
in thc room.
The window should bl! opened wide t:nough 10 attract the attention of the firemen and
then one should wait for rescue.
No mtempt should he rnadt:10jump.
Remain low as smol..erist:s.
GUESTS

The n:sidencc hall gut:st program provides the opportunit) for all residents 10 have guests
"ithin the living areas of all residence halls. Visitation is a privilege affordcd all rcsiJ1:nts.
Wesley College does nc,1condone or permit cohabitation or patterns of extended .,,isitation in the residence halls or apartments.
2. lnfom1 roommate orovernight guest at least two days prior to stay. Guests are allowed in residence hall rooms only wi1h prior consent from a roommatc{s). The rights
oftht: roommate take precedence in i~ues involving a guest.
J. Students are rcspoMiblc for registering their guests by completing a "Visitation
Form," which are available in each residence.:hall, and must be submitted to the Resident Director a minimum of24 hours in advance ofthi: guest's arrival.

-'· Overoieht
ruestsarenecmiued
tostayincollegehousing
fora neriodofuomore
thantwo<2>niehtswithina 7-davneriod
-

s

Rt"sidents are responsible for the conduct of their guests and are responsible for esoorting 1heminto and out of the building at all times.
6. Studcms are accountable at all times for the behavior of any guests and ensuring that
the guests comply with all Community Standards und College policies.
7. Guests are not permitted 10 borrow or utilite residents' Wesley ID Cnrd or key to
their individual room.
HOLIDAY AND FINAL EXAM PERIODS USE OF ROOMS
Room Jnd board are provided during the time when the College is in session. Residence

hall rooms may be occupied. on a limited basis. and only \\ ith pre-approval from the
Dean of Students or the Director of Residence Life. S1udenisare required to vacate their
rooms the day of their last final if the test is scheduled before J:00 p.m. Students having
finals scheduled after 3:00 p.m. must vacate their rooms by 10:00 a.m. the next day. At
rhc end of 1he Fall 1crm.any student not planning to return for 1he Spring semester must
check out with the Residence Life Staff of that building and clear all outstanding bills
\\ ith the College. At the end of the Spring term. all non-graduating studenlS must complctdy vacate the room, check out with the Rt:sidence Life Stnff of that building, and
clear any outstanding bills with the College.
KEY RETURN
Students must turn in room keys to the Resident Assistant prior 10 di:parting the residenc~

hall.

LAUNDRY
Each building has a "laundry room" which is similar to a small Laundromat. The machines are coin operattd.
LINENS

Students are e..x
pcctcd I() provit;lt:their own bed linens. pillows. blankets, and bedsprl!aJs.

 )

MAINTENANCE AND HOUSEKEEPING

Students should report maintenance and/or housekeeping issues to their RA. RD or the
Director ur Residence Life as soon as a problem is discovered. In emergency situations.
Maintenance Staff may be calkd hy a staff member to addr.::ss problems. (The Safety and
Security Ofticcr(s) on duty. in consultation with th~ RO will decide if afier hours situations require immediate attention). tudents are responsible for cleaning their individual
rooms. Residence hall common arei\s (bathrooms. lounges. hallways) arc cleaned b~
I lousekccpinf! Staff once Jail )- Monda) through Friday. rrash is removed from the
builuings once daily. Students arc responsible for keepmg common areas rensom,bly
dc:in. /\ny cleaning deemed ..excessive.. by the Residence Life and/or I lousekeeping
Staff ma~ result in additional housekeeping fines for the student(s) responsible. In the
event rhut the rcsptm:.,blc party canMt be identified.. the building/floor may be billed
colkctiH'I) '.
NOISE

··Quiet I lours.. arc observed in each residence hall from I0:00 p.m. until I0:00 a.m..
Sunday through Thursday and from J 2:00 midnight until I0:00 a.m. on weekends (Friday
and Saturday). During.the week of final exams. ··Quite Hours- are enforced 24 hours per
day. 7 days per week. Noise levels which permeate outside the room above normally
acCt'pted levels arc considered e;,,.cessivenoise.
··Courtesy Hours.. are observed 2-t hours per day. 7 days per week. Students are expected
to be considerate of neighbors and to comply with requests to control noise which interlercs with neighbors· ability ro stud~. sleep. or conduct their daily business at any timti
during Lht' day.
PERSONAL PROPERTY PROTECTION

Wesley College is not responsible for loss or damage of personal property including
vehicles. Each residential student is encouraged to have personal property insurance.
Doors 10 student rooms and ground noor windows should be kept locked when occupants
are not present and when they arc asleep. Any incidents of theft and/or vandalism should
he r~:ported immediately to the Residence Director. the Otlice of Safety and Security and.
when appropriate. to lhc Dover Police Department Wesley College is not responsible to r
,my items left in student rooms afler check out.
PETS

No pets of an) kind at any time are allowed in residence halls.
PROHIBITED ITEMS

The following things are not permilled in the residence halls:
Microwaves (not permitted in Gooding. Williams.. Roe. and Carpenter ll alls. They
are provided in the Zimmerman Mollapartments and Malmberg Hall Suites).
Cooking appliances
Candles and im:c:nsi:
Lolls - beds may be bunked as intended by the manufacturer. but no commercia l or
homemade rising of beds is permined
I lalogen lamps
Duct lapc is not permitted for use walls or carpeting (Painters Tape or 3M stickies
that are safe for walls are only permitted to hang thil'\gs: nails and pins are not per·
milted)
Weapon~of any kind
Illegal drugs and/or alcohol

 )

RESIDENCE HALL ACCESS

!'he cnlrancc doors to the residence halls arc controlled by an electronic access system.
Students" College identification cards are used to gain access 10 the residence halls. Lost
ID cards should be reported immediately to the Business Otlice (during business hours).
or the Security ollicc. Students will be charged f'orreplacement of lost cards.

'

RESIDENCE HALL HOUSING CONTRACT

Ead1 $tudent assigned a room in a rcsidcnct hall must sign a housing contract and return
,t w the Cnllcgc- at check-in. Housing contracts iS$ued in August each year arc for the
period of one academic year (Fall and Spring semester). Unless a student is not t:nrolled
for the ~pring semester. he/she is expected to resume his/her academic year assignment.
An) student who tails to do so will be held financially responsible for the full cost of
m('lmand board. tudcnts. who are not required 10 live in the residence halls. hut elect to
do so. may only break their contract between semesters. Students wishing to break their
t:ontruct must seek permission from the Director ol' Residence Life no later than the last
da:,,of fall term classes. Students who break their contract after the time alloned will be
as~sed a $300.00 cancellation penalty. All students and parents are urged to read the
contrncc carelully. The College views lhis agreement as a contract between the student
and the College. in which the student agrees to abide by the terms and conditions of occupancy. ,n n:1um for which the College agrees 10 provide housing accommodations.
Violations of the ICQ11Sof the Residence Hull Housing Contract arc handled by the Denn
of' Students and/or the Director of Residence Lite. Repeated or serious violations may
result in the termination of the student's right Loreside in College housing. Termination
of the housing contract is not a disciplinary action to which the College's judicial procedures apply.
ROOM AND ROOMMATE ASSIGNMENTS

All housing assignments ore made by the Oflicc of Residence Life. Returning students
arc given consideration for housing.through a process announced each spring. Freshmen
students arc ussigneJ rooms based on availahility. Freshmen students are matched with
roommates based on information provided on the housing form.
ROOM CHANGES

The second week of each semester will be an "Open Room Change Period."' Students.
who wish to. may apply tor a room change at this time. Room Changes will be approved
based on space availability. All room change applications must be submitted to lhc Resitlcnt Director of their respective hall. Unauthorized room changes will subject the individuals to Collegt' disciplinary action. Room changes are limited to the building in which
a student currently resides unless pcmiission is granted.
ROOM CONSOLIDATION

It is necessary to consolidate students living within a residence hall when several students
have no roommates. J\11rooms shall be occupied by two students. If a student livt:s alone
in a designated double occupancy room. s/he will at the discretion of the Director of
Residi.:nceLife have two or three options:
Have the Office orResidence Life assign the student a roommate, or a new room 10
consolidate to
Move in to another room for consolidation with a list provided
Pay a single room fee ( if space on campus permits)
RESIDENCE LIFE

One of the above options must be completed by the assigned consolidation deadline. By
the second or third week of the semester. students will be notified in writing that they
mu:;Lconsolidate. Students will have om: week to find a roommate and consolidate rooms

 (

)

or will be assigned a roommate by the Office M Residence Life.
Students foiling to comply with the room consolidation process will be billed for a single
room m the prevailing rate. In addjtjpna studentmayheregujred
10consoljdatc
at any
timeduring rheseme
ster.
ROOM INSPECTION

Prior tn tinal check out. each ~udent mu$t hu\C the mom inspected by designated Re!iidcncc I fall starTto ;~ ntif) student damage and/or furniture replacement S1utlenl$will be
hilled for those charges and/or e:-.ccssivecleaning during the winter and summer months.
It I)>the responsibility or each student to prepare his/her room for this inspection by contacting. the: appropriate hall staff. Inc room inspection must he performed prior 10 the
,tudent moving out (\\ hen carp1:tsand rugs are taken from the floor. tapestries/posters
taken from \\alls and ceilings. etc.). rhis room i11spcctionis mandato1y, and the resident
111u
st be present. Visible damage may be pointed out to the ~tudent at this time. Actual
damage 8$Scssml.!nt.in terms of dollars. will N01 be made to the student at the time of
the im,pection: ho,~evcr. the student will be given an idi:n of the chargeable items. Also.
once a roommati;:checks out. the remaining roommate will be held responsible for any
damage occurring before he or she leave~. AN Y ST UDENT WHO DOES OT
C HECK OUT PROPERLY FORFEITS T HE RIGHT TO CONTEST ANY DAM ACE C HARGES. Typically, most damage charges occur for room painting. door refin-

ishing. screen replacemenL furniture repair. and/or the replaci;:mentor damaged items.
ROOM KEYS

Each student is issued one keyto his/her room. Lost keys must be reported immediately
to thi;:Resident Director for that residence hall. The student will be charged for lhi;:cost or
replacing the keys 10 t.heroom and changing 1helock.
LOCK OUTS

fhc Wcsh:y College Safety and Security Oftice will provide a lock out service for students locki;:dout of their residence hall room.
The fee for this servicl.!is $5.00 , TI1is
fc..:can be charged to a student's account.
SAFETY AND SECURITY INSPECTION

At the end of each semester Safety and Security 1nsp1:ctions wilI occur hefore the resident
check-out for the up-coming break. Students that do not adhere 10 the inspection will be
removed from housing for one semester, Each room will be inspected by designed Residenec Hall staff. and the resident must be present at the time of inspection.
SEARCH AND SEIZURE PROCEDURES - ROOM ACCESS

College onicials . in the perfonnance of their duries. will be allowed to enter student
rooms \\hen there is suspicion that violations of College policy or State or local laws are,
taking place. College officials \\'ill be allo\~ed to conduct searches of student rooms or
vehicles locatl.!don College property, based upon reasonable cause as dt:Lerminedby the
D\:<lnof Studems or dcsignat1:.
Reasonable cause shall be established when physical evidence or direct testimony of a
member of the College community or municipal or state official casts serious. reasonable
suspicion of the existence of illegal items or materials deemed contraband in accordance
with College regulations. A student may not deny access. prevent. or delay i;:ntryinto a
room by n College official. Anemp1s 10 deny or delay access may subject the student to
immediate and indefinite suspension from the College. This regulation does not prohibit
the nom1al College authority from making regular unscheduled inspections orstudent
rooms for lin:. safety. and cleanliness conditions.
SECURITY

Entrance doors to the residence halls are to remain locked at all times. Students may gain

 \)
l '

entry by using the card access system. Propping of doors or otherwise allowing illegal
entl) to 1hchuilding is a violation of College policy. Attempting to disable or damage the
access system in any wa) is also a violation.
SMOKING

No srnoking7ispermitted within 50 fed llf :my entrance of any residence hall. All rcsidcm:e halls arc sniokc free environments. ·moking is permitted in designated outside
areas. fh is Ptilky applies to airtltl'lerareas and facilities of the Collcge.
SOLICITING

Solicitation of any kind is not permit1edin or atound campus buildings.
TELEPHONES
l he Colh:ge prlivides a telephone jack. voice mail (message service). and local phone
~c:rvic:e. This is an official form of communication between the college and the student.
Students are required to provide a ··touchtone.. telephone. Once the phone is plugged ln.
loca]Jcrvice is operational. A ph6ne ~umtl'erwill be provided at check-in the fall.
TELEVISION

Each residence hall room is equipped with a basic cable outlet. There is no additional
charge for this service. hut it cannot be expanded to include additional service and channels. Anyone 1amperingw11hthe cable outlcr may face prosecution by the cable company.
THEFT
A College campus is very vulnerable to theft. Studen1sshould be aware of the possibility
ofthd~ and should take precautions against it. Serial numbers of items which arc considered to be of value should be recorded and kept in a safe place. Social Security numbers
should be marked on items of value. Rooms should be locked at all times. Wesley Cotkge is not responsible for items lost or stolen from residence hall rooms. The college
recommends rhat students carry renters insurance.

UNAUTHORIZED ROOM CHANGE

check-in, each student is provided a key 10 his/her room. No room changes arc 10 be
made for any reason without the permission of 1he Director of Residence Life. Any srudenl who changes rooms without proper authorization will be suhject to College discipti11aryaction.
At

VISITATION

Visita1ionhours in the residence halls are Sunday - Thursday from 10:00 a.m. to 12 midnighL and Friday and Saturday 10:00 a.m. 10 2:00 am. The front doors to the residence
halls are locked 24 hours per day. Resident students' access cards will gain them entry 10
the fronl door of their building. Resident students from other buildings and other guests
must use the call box to call their host and be escorted through the building. En1eringor
exiting a residence hall (including fire doors) in such a way as co bypass the security sys1cm is a violation of College policy.
WITHDRAWAL AND REFUND POLICY

Room charges along wi1hthe housing deposit are not refundable after the time a student
moves into nn assigned residence hall room. No refund may be made unless authorized
by the Controller in accordance with approved policy_Any student that does not retrieve
their belonging wi1hintwo working weeks of their withdrawal from rhe college will have
their item removed from their previous room at 1hestudents· expense.

 L

(

Great Things Await

!(b)(6); (b)(7(C)
(b)(o); (b)(7(C)

Dear

C

5 ): (b)(
<~<

My office has received reports that you were allegedly involved in serious vio lations of the Wesley
College Student Code of Conduct. Specifica lly, the initial investigation indicates that you partic ipated in
filming a sexua l act without the knowledge or consent of the other party. You are being charged with the
following Student Conduct violations: #13.0: Genera l Laws: Violation of Delaware Privacy Law and
# I 5.0: Sexual Misconduct: Sexual Exploitation.
In light of the seriousness of these alleged violations of the Student Code of Conduct, it is my belief that
you pose a threat to the health, safety and welfare of our campus community . Consequently, and effective
immediately 1 the College is imposing upon you an Interim Suspension pending a Judicial Board
Hearing, to show cause as to why your relationship with Wesley College should not be terminated.
During the Interim Suspension period, you are barred from the campus , including all residence halls ,
athletic facilit ies, Wesley West, and affiliated property. You are not authorized to attend classes while
under the Interim Suspension. You are not allowed on any College grounds without advanced clearance
from my office. Failure to folJow these restrictions will constitute trespassing and will resul t in an arrest.
You are also instructed to have absolutely no contact with the student involved. This means no
attempts to speak to the other student in person, by phone calls or texts, by contact through social
media , or by using a third party to speak for you.
You do have the right to go through the college's student conduct process to respond to these charges .
Please call or email Melissa Elliott, Assistant Dean of Students, at Melissa.Elliott@wes ley.edu to discuss
the procedure . During this conver sation you and Mrs. Elliott will discuss the formal Judic ial Board
hearing process . She will also convene the board and inform you of the date and time of your hearing .
You mu st contact Mrs. Elliott within thre e busin ess d ays. (f you do not con tact Mrs. Elliott or do not
show for your hearin g, your Interim Suspension will become an official suspension or pennanent
expu lsion from Wesley College.
On a persona l note, I encourage you to not ify your family immediately. Should you or a member of you r
fam ily have questions regarding this letter, please call me at (302) 736-2506. I trust that you under stand
the sev erity of your current situation .

;:a~

Ms. Wanda Anderson
Dean of Student s

Cc :

Dr. William N. Johnston , President of the College
Melissa Elliott, Assistant Dean of Students/Interim Director of Residence Life
Walt Beaupre , Director of Safety and Secu rity

 .,..

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(_

Wesley College
Day
Date
Year
Log

(b)(6); (b)(7(C)

Time

~

(b)(6); (b)(7(C)

lnlt

--

.

Location

.j

(b)(6); (b)(7(C)
1--

Off Campus

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Safety & Security Office

i---

Remart<s
(b)(6); (b)(7(C)

D11ilyActivity Log
Officer
Officer

Officer
Officer
Officer

(b)(6); (b)(7(C)

 (
Wesley College Office of Safety & Securfty
Incident Report: (b)(5); (b)(?(C)
Time Reported : (b)(6); (b)(7(C)j
Date Reported: (b)(6); (b)(7(C)
Reporting Officer:

I

W. Beaupre

Nature of Incident : Sexual Misconduct

Tfme of Incident Unknown
Date of Incident : [<b)(6); (b)(?(C)
Pollce Report Numoe r:

,

I

and Privacy Law Vlolat fons

Evfde nee Collected:

,

Reporting Person :l<b)(5); (b)(?(C)
Vfctlm :T<b)(5); (b)(?(C)
7 r
5); (b)<
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Suspect : f(b)(5); (b)(?(C)
DOB : 1~~)(6); (b)(7

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Suspect : (b)(6); (b)(7(C)
DOS (b)(6); (b)(7(C)

Address~ <b)(5); (b)(?(C)
l
Address :T<b)(5); (b)(?(C)
Cell Phone :l<b)(5); (b)(?(C)

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Addressl <b)(5); (b)(?(C)
I
Cell Phone: l(b)(5); (b)(?(C)

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Address : (b)(5); (b)(?(C)
Celf Phone: L_ ______

Suspect : l <b)(6); (b)(7(C)
DOB: [(b)(6);(b)(7(C)

I

I

Suspect:((b)(6); (b)(?(C)
DOB:f (b)(6); (b)(7(C) I
Nature of Incident:
(b)(6); (b)(7(C)

Address :(<b)(5); (b)(?(C)
Cefl Phone : [(b)(5); (b)(?(C)
I

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Address:( (b)(5); (b)(?(C)
Cefl Phone : ((b)(6); (b)(?(C)

.

_____

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Wesley College Office of Safety Scurlty

 

 



 

 

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(

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Gellman-Beer, Beth
From:
Sent:
To :
Subject :
Attachment s:

Elliott Melissa < Melissa.Elliott@wesley .edu >
(b)(6); (b)(7(C)
(b)(6); (b)(7(C)

Impo rtance :

High

Judicial Hearing Board
[] Hearing Notice ..
!(b
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Good afternoon, i{b}f6} fb\<7 j
Your judicial hearing board is set for l(b)(6)
; (b)(7(C)
The comp lete information .is in the attached
hearing notice . I have also attached a sheet of Judicial Hearing Pointers. One thing to note is that you are permitted to
bring one advisor with you for your hea r ing. This person may not participate in the hearing or speak with the board , but
is there to support you and may commun icate with you quietly during t he hearing . Also, here Is the link where you can
find the Student Handbook: http://www.wesle y .edu/studenthandbook.html

I

Please let me know if you have any further questions.

Melissa Elliott
Assistant Dean of Students / Interim Director of Residence Life

Great 'fhings Await
Wesley College
120 North State Street
Dover, DE 19901
Meli ssa.Elli ott @weslev.edu

Direct: 302.736.2586
Website: http: // www.wesley.edu

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Great Things Await

Dean of Stud ents Offic e
Wesley Co llege
Co llege Center 125
Dover. DE 19901
(302) 736-2506

NOTIFICATION OF JUDICIAL BOARD HEARING
DATE:

!(b)(6); (b)(7(C)

TO :

(b)(6); (b)(7(C)

FROM:

'

Melissa Ellion
Assistant Dean of Students/Interim Director of Residence !,ife
Wesley College
0

OFFENSE (S)

•
•

#13.0 - General Laws, Delaware Privacy Laws
# 15.0 - Sexual Misconduct: Sexual Exploitation

DATE AND LOCATION OF OFFENSE (S):
!(b)(6); (b)(7(C)

CHARGES BRO UG HT BY: Wesley College, represented by Walt Beaupre, Director of Safety and SecuritJ
DATE, TIME AND LOCATION OF HEARING :

__________

.__
(b)(6); (b)(7(C)

........
ple as e report to the Security office in the Base ment of thl '

'o llege Ce nt e r

JUDICIAL BOARD MEMBERS:
(b)(6); (b)(7(C)

These offenses are in violation of the Wesley College StZ1dentCode ofCond uct. You must appear for this hearing.
Shoutd you have any questions concerning this hearing, please contact Melissa Ellion, Assistant Dean of Students at
(302) 736-:2586 or Melissa.Elliottr@wesley.edu.
Understand that if you fail to appear, the hearing will be held in your absence. Please review the Student Handbook
for a better understanding of the charges that have been lodged against you. The Student Handbook is also available
on the Wesley College website, www.wesley.edu. This will further explain College violations, range of sanctions,
c1ndhearing procedures.
Exit: April 2. 2015

 I )

~Wesley
w

( J

COLLBGE

Great Things Await

De an of Students Office
Wesley College
Office of Student Affairs
CC125

Wesley College
Judicial Hearing Pointers
l.

Be sure you tmderstand the charge(s) filed against you. Review the policies outlined
in the Student Handbook. 1f you have any questions, contact the Student Affairs
Office at 736-2506 as soon as possible.

2. [f you have any witnesses to the alleged violation that you want to attend, it is your
responsibility to contac t them .

3. Focus on the FACTS of the case. Present your version of the incident.

4. You may wish to wr .ite notes for your use dur ing the hearing. Consider the fo!Jowing:
Des cription of the incident
Opening Statement (define briefly)
Closing Statement (define briefly.)
During the hearing, you may wish to make notes to include in your closing statement.
5. The hearing officer will indicate when it is your tum to ask questions or to present
information. Do not interrupt or argue with another person giving testimony .

6. Any questio11s regarding the judicia l proce ss should be directed to the Student Affairs
Office in CC 125.

l ltn r,11111'
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!In,

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found him 10 bt: Cll!:!:l~cd in bi~ i.:uur:-csand c, )11:-,1,tt: 1i l in hi · l1i.ihits. I k anl'.'nJ:-,c 1.1...s. n.:.1,b lhc
:1•,,i:;.nm...·ntc:..nn-11:1mc;his \\'Mk in 0:1 tim-:.

!(b)(5 ); (b)(?(C)

hc~n m~ :-.tu,i~·nt1:1 l \H '

...1n.i :-....:!, ti:, '.'>t:tnc-:,lcL !(b)(6 ); (b)(? (C)

IL. lh 1.:til1h' th3 ! I hi.I\ l' t"lb!:,LT\'t: l him \'. ith ot!:l ·:· ,!,1~k,1t.., he ha:-btcn coun<.:t"•l.l> ~H:,i r\,Ii t,' ( 11h·r
..,tu,.k;ib ,1..
·cm 11, <.'nj('Y hi~ cc:
..mp~1ny \\"h i !i: I h;:h · 11n!) km.,,\ !(b)(6); (bXl fN .~ 'ihPrl lim<.'. I ,1111
C1)11tidcn1 th:11he \\ 1J! pn.,,·e w bl.' ,lll a$:-.d 1,..1t ht.' n;:-.l, 1r: J~parunc nt.

Has~d on the l..110\\k<lgc rhat I ha\'t' I ,;uppPr1 alkm 111gh11nto l.'llniinm: ht:- :,tud1c:-. at \\
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(b)(6); (b)(7(C)

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l'51 ,

 WESLEYCOLLEGE

l(b)(6); (b)(7(C)

To Whom It May Concern:
I have been asked to write
under my tutelage in

a letter of support for (b)(6); (b)(7( )

l~~~t (b) !wa s a student

At that time, he was!(b)(6); Cb)(7(C)

(b)(6); (b (7(C)

7(C)
striving to excel in the classroom !(b)(6): Cb)(

L !(b)(6); (b)(7(C)

!was noteworthy

freshman year; he consistently worked to improve as a reader and a writer.
in class was active and engaged . !~~,>;(b)

Iwas successful in growing

during his

His participation

academically and

personally during that period .

After !Cb)(
6); Cb)( Heft the (b)(6); Cb (C)
7
(b)(6); (b)C< )

7CC
he continued to keep in touch, !(b)(6); (b)C
)
Wesley College. Throughout, l~~l,(6); Cb)(7

kept me abreast of his schedule, goals, and hopes for the future.
him to keep the communication

It has been important

I

to

Jines open, and he has consistently stopped by the office just

to ta lk .

!i.;.
Cb
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<b
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)<
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has set viable

benchmarks for his future, and hopes to graduate from Wesley

College before exploring career options . We have had frequent conversations about his
plan s, and how he strives to meet his goa ls. On a personal leve l, I have found !(b)(6); Cb) to be

I

transparent , enthusiastic , and energetic . My interactions with! C
b)(6); (b)(7(C)
been positive.

Sincerely,

I view him as a reputable young man with a hopeful future .

lhave always

I

 )

I )

...

-

Gellman-Beer , Beth
Elliott , Melissa <Melissa.Elliott@wesley.edu>
(b)( ; (b)(7C)

From:
Sent :
To :

Subje ct:
Attachments:

Sanction Assessment
SA Rb)(6); (b}(7(C)
l doc; Appeal Procedures.docx

Importance :

High

l

Good afternoon, !(b)(6);(b)(7
Attached is your sanction assessment letter from your Judicial Hearing Board on !(b)(5); (b)(7(C)

Melissa Elliott
Assistant Dean of Students/ Interim Director of Residence Life

Grea t Th ings Awa it
Wesley College
120 North State Street
Dover, DE 19901
Melissa.Elliott@wesley.edu
Dire ct: 302.736.2586
Website: http://www.wesley.edu

 ')

(

)
Dea n of Students Office
Wesley Co llege
Office or Stu dent Lire
Dover , OE 19901
(302) 736-2506

GreatThings Await

JUDICIAL AFFAIRS SANCTION ASSESSMENT
TO;

(b)(6); (b)(7(C)

Co de of Conduct Charge s as Listed
[n The Student Handbook :

•
•
Wesley ID#:

# 13.0: GeneraJ Laws
# 15.0: Sexua l Misconduct

(b)(5); (b)(?(C)
5

7

INCIDENT DATE : L,.r_
l<_l ;-<b_l< _<c_) ------~

I

Durin g your Judicial Board Heari ng on !(b)(6); (b)(7(C)
you were found responsible for the violations of the
Wesley College Student Code of Conduct as listed in the charges above. As a result of the Judicial Hearin g,
your sanction rs:
SANCTIONS:

* DISCIPLINARY

E XPULSIO N from Wesley Co llege .
This expulsion is effective immediately.
Disciplinary Expu lsion means that the relationship between you and Wesley Co llege is permanently terminated .
You are prohibited indefinitely from taking classes or being present on co ilege owned or controlled propert y. If
yo u are found present on coll'ege prop erty without permission from the Dean of Students Office, yO ll will be
subject to arrest for criminal trespass.

FINDING OFF ACT:

Based on all of the evidence and testimony presented duri ng the judi cial board hearing_,the board has found that
you are responsible for viola ting the above items of the Student Code of Conduct. Wesley College has a zero
tolerance policy for sexual misconduct. Given that you were involved in the plannin g and implementation of
attempting to violate the privacy of another studen t, the board felt that exp ulsion was necessary and that any
lesser sanction wou ld not be appropriat e.
HEARING OFFICER;
(b)(6); (b)(7(C)

DA TE IMPOSED: j<bl( 5); (b)(?(C)

TITLE :
Directo r of Enrollment Operations
Associa te Professo r of Psychology
Director of lnterna tional Pro gram s

 i )

()

This letter serves to notify you of the sanction imposed , which shall be ordered into effect immediately on the
date that it is imposed. This information shall become a part of your conduct record in the Dean of Students
Office .

For Dean of Students Office Use Only (Notat ion regarding completion of conditi0ns of sanction , where
appl icable , or the filing of add itional charge for a violation of judicial sanction) .

XC:

file

 ()
AppealProcedures
1udenrswho wish to dispute the outcome of a Judicial Board I fearing, may appeal their case 10 an Appellate Panel. which is.
chaired by the Dcun of Sh.1dcntsand con~ists of two additional colh:gc l1fficials, one faculty and one staff member, appoint<.:dhy
tht Pn:sident of the College.
ro initiate the appeal process, the student must complete an Appellate Form and submit it to the Din:ctor of Residence Life, ur a
dcsignee. ,vithanten ( I 0) College Business days from the ··Exit Date'' noted at the bo1tomof the Sanction /\sscssment Form that
the student received ·tollowing their Judicial Buard Hearing, An appeal must contain complete justification and details about \1hy
the student feels an appcul should be grunted. An appeal is not a rehearing of the original case. In order for an oppeol to be
n:v1ewedby the Appellate Panel. one of the following criteria must be met:
I . ,\ substan11veprocedural error occurred that significontlyaffected the outcome of the hearing
2. New evidence that was not avaihiblc at the time of the he:mng. which, if introduced, would , 1gnilicuntly ,iffect the outcome
Mtht: hearing.
3 The anction is significantly inconsbtcn1 with mst11u1ional
guiJclines and/or past practict:S.
tr it is determined that there is just cause for an appeal by mecung one. or more of the cntcria listed above. the Director uf
Rcsidence Lifo. or a dcs1grn:e, will fon.,,ard the entire case file to the Dean of tudents. Chllir or thc Appellate l'ancl. The
Appellate Pam:l will review all uf the documents relmed ro the case. hearing, and sanction assessment, anti will take one of thc
following tw(1.ictions:
1.
/\ ffirm the decision or the original hearing body
ii. Remand the case back to the Judicial Board, with instructions.

AlldecisionN
modebythe t\ppellatePanelareFINAi,
,

 ()

(, )
Gellman - Beer, Beth
From:

Se nt:
To :
Appeal Request Form
Judicial Appeal Request Form.doc

Subject:
Attachments :

l~~,(6); (b)(7

I

Here is the appeal request form for you to start to look over.

Melissa Elliott
Assistant Dean of Students/ Int erim Director of Residence Life

-

rri;lW~
.~\~y
Grea t Things Await

Wesley College
120 North State Street
Dover, DE 19901

Melissa.Elliott@wesley.edu
Direct: 302.736.2586
Website: http://www.wesley.edu

1

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Great Things Await
Dean of Students Office
Wesley College
Student Life Office CC 125
(302) 736-2506

IN TENT TO APPEAL FORM
(Please Print)
fn order foi: an appea l to be reviewed by the Appellate Panel, the following criteria must be met:

l.
')

.\ substantive procedural error occu rred that significantly affected tJ1e outcome of the
hearing.
New evidence that was not available at the ti.me of the hearing, which, if introduced, would
significantl y affect the ou tcome of the hearing .

.3. The sanction is significantly inconsistent with institutional guidelines and/ or past practices.

1, ------------------,

request
l'r,111:--lnmc

College's _.:
\ppelh1te Panel for the following charges: ----

that my case be heard by Wesley

- --------

- ----

THIS APPEAL IS BASED ON (check all that apply):
['

,\ substantive

ptocedw:al error occurred that significantly affected the outcome of the

hearing.
0

New evidence that was not available -at the time of the hearing, which, if introduced,
would significantly affect the outcome of the hearing.

iJ The sanction is significan tly inconsistent
practices.

\~ith instirutiooal guidelines and/ or past

Student's Signature and Date

Please provide information to support the above se lecte d gto und (s) for appeal (You may use the
back of th.is form o.r attach additional typed pages):

(Form Continued on Back)

 ()

()

Pl ease submit your appea l to M elissa Elliott, Assistant Dean of Students/Inter im Director of
Res iden ce Life (Student Affair s Office , CC 125), within ten (10) Co llege business days from th e
"Ex it Date" noted at the bottom of your Sanction Assessment Form .
For Office Use Only
This appeal reques t was received on the _ __
Students Office.
Received by: ----Title: ----

- --

Signature: -----Action Taken: ___

- --- ---

----

--

--

day of __

-

___

at _ ___

a .m./ p.m. in the Dean of

(printed name)

- ----

-'----

-

Case sen t to Appellate Pane l

Outco me (if app licable): ___

_, 20___,

___

App eal Denied (did not meet outlined criteria )

Affirm the decis ion of the origina l Hearing Board
Remand the case back to the Judi cial Board with instructions

 c_:
Dean of Students Office
Wesley College
Office of Student Life
Dover, DE 19901
(302) 736~2S06

Great Things Await

JUDICIAL AFFAIRS SANCTION ASSESSMENT
(b)(6); (b){7((.;)

TO:

Code of Conduct Charges as Listed
In The Stud ent Handbook:
•
•

Wesley ID#: ~~~6); (b}{7

# 13.0 : General Laws
#15.0: Sexua l Misconduct

I
5

7

1NCIDENT DATE: rL.-)<-);-<b_)<_<c_) _____

__.

l

During your Judicial Board Hearing on J(b)(6); (b){7(C)
you were found responsible for the violations of the
Wesley College Student Code of Conduct as listed in the charges above. As a result of the Judic ial Hearing,
your sanc tion is:

SANCTIONS:

* DISCIPLINARY EXPULSION from Wesley College.

This expulsion is effective immediate ly
Disciplinary Expuls ion means that the relationship between you and Wesley College is permanently terminated.
You are prohibited indefinite ly from taking classes or being present on college owned or contro lled property. If
you are found present on college property without permission from the Dean of Students Office, you will be
subject Loarrest for crimina l trespass.

FINDING OF FACT:
Based on all of the evidence and testimony presented during the judicial board hearing, the board has found that
you are responsible for violating the abov e items of the Student Code of Conduct. Wesley College has a zero
tolerance policy for sexual misconduct. Given that you were involved in the planning and implementation of
attempting to vioJate the privacy of another student, the board felt that expulsion was necessary and that any
lesser sanction would not be approp riate.

HEARING OFFICER:

TITLE:

(b)(6); (b)(f(C)

Director of Enrollme nt Operation s
Associate Professo r of Psychology
Director of Internat ional Programs

DATE IMPOSED:!<b)(6); (b)(7{C)

 L
This letter serves to notify you of the sanction imposed, which shall be ordered into effect immediately on the
date that it is imposed. This information shall become a part of your conduct record in the Dean of Students
Office.
For Dean of Students Office Use Only (Notation regarding completion of conditions of sanction, where
applicable, or the filing of additional charge for a violation of judicial sanction).

XC :

file

Exit Date: l(b)(6); (6)

I

 G

r·

C

•

r )(6); (b)(7(C )

CASE
:

Judicial
Board HearingSummary

J

(b)(6); (b)(7(C)

Referred Student (s) / Organization Name:
Charges:
___

*"I '3·0

L-------=-r-_,__

_____

__

_ _

MY!
e.a.t\ ktUOS

Not Responsible

/Responsible

Charges.: _____________
Charges:

4l:2?~

4uJ~

____
11.. 15.

i)

¥,f

__

IZ~ ~~c.6

Rationale for finding (facts that led to decisionof the Board):

If found Responsible, sanction:
( ] Reprimand

] Probation

Effective _____

___

( 1Deferred
ending _____

Suspension

[ ] Suspension

_

Rationale for sanction(why this sanction is most appropriate):
__________

,.J-<'.&
Cd

_

_ _

~J!.e_/J

(b)(6); (b)(7(C )

 t' '

.

(.

'

I

Refe rred Stu dent's Name: !(b)(6); (b)(7(C)
Rationale for Finding:

•

A device was set up which broadcast sounds or events of a sexual encounter in a private place
!(who was ent it led to privacy there) did not give consent, thus kb)(6); (b)(
where J(b)(6) ; (b)(7(C)
~t

ook non·consensual advantage of!(b)(6); !for his own benefit.

Ration ale fo r Sanction:
•

Based on the evidence provided during the interviews , the sanction is justified and appropriate.

l

 Elliott, Melissa
from :
Sent :
To:

l(b)(6); (b)(?(C)

Cc:

l(b)(6); (b)(?(C)

Subject:
Attachments:

Elliott, Melissa

Fwd:Appeal of Expulsion
!C..docx

I! (b)(6); (b

Ms. Elliott:
!(b)(6); (b)(?(C)

today
and is at !(b)(6); (b)(7

Ioffice ...l<b_l<_6l_; <_bl_<7_<c_) _______

_,!and he had planned to meet with you

or ~

today to go over his Appeal for his Expulsion
so that he could submit it
He asked me to email it to you
and to l(b )(6); < I
to look it over and to let him know what corrections you see t hat it needs. He has !!filr been though this
proce ss
as we have discussed before
and he is not exactly sure what he needs.
He would like to submit this as soon as Ile can.

He
would
appreciate any help and advice you can give

Thank you,
!(b)(6); (b)(7(C)

(b)(6); (b)(7(C)

rumfor thls.

  

 



 

 

( )
Gellman- Beer, Beth
wesle .edu >

From :

Sent :
To:
Subject :

RE'. Appeal of Expulsion

Since th e judicial appeals are subm itt ed to me. I cannot give !{b)(6):(bX!feed back on his
L--....,..---,,--....,.........--app ea I before submission. However , !(b)(6);(b)(7(C)l ean assist him with feedback in person , over the phone, or ema il,
depending on what works for !(b)(6);(b) l as he is working through !(b)(6);(b)(7(C)

I

~leliss;i Elliott, M.S .. CPS
Assistant Dean of Stt1den ts/ lnt er im Diredo r of Res idence Life

Great ·Things Await
Wesley College

no North State Street
Dover. DE 19901

Melissa,Ei liott @wesley.edu
Direct: 302.736 .2586

Wehsite: http: // www.wesley.edu

From: !(b)(6)
;(b~~C)

Sent: !(b)(6);(bl )
To: Elliott , Melissa
Cc: !(b)(6); (b)(7C
C)

Subject: Fwd: Appeal of Expulsion

Ms. Elliott:
!Cb)(6); (b)(7(C)

today
; (b)(7(l oflice !L
(b
_><
_5>_;(b
_><
_7c_c_J _______
and is atlCbX6)
o r !Cb)(6); Cb)
I
today to go over his Appeal for his Expulsion

_.land he had planned to meet with you

so that he could submit it

He asked me to email it to you
and to l(b)(6); CI
to look it over and to let him know what correction s you see that it needs. He has ~
process

been thoug h this

 ( )

(

as we have discussed before
and he is not ~~actly sure what he needs.
He would like to submit this as soon as he can.
He
wou ld
appreciate any help and advice you can give him for this.

Thank ou
(b)(6) ; (b)(7(C)

(b)(6) ; (b)(7(C)

2

'

 (.__.,

~w~L~\~y
Great Things Await

Dean of Students Office
Wes ley College
Student Life Office CC 125
(302) 736-2506

INTENT TO APPEAL FORM
(PleaS'(-'Prinl)
In urder for an appeal to bt revt<:.'\.vc
d by the Appellate Panel , the following criteria must be rnet:
1. ;\ substantive
hearing .

procedural

that signific,mtly affected the o utcom e o f rhc

error occurred

2. >Jew cYidence that was not available llt the time of the hearing, which, if introduc ed ,
would significantly affect the outcome of the hearing.
The sancti o n 1ssignificantly inconsistent with institutional guidelines and/ or past pra ctices.

3.

(b)(6); (b)(7(C)

l

...-........
---

l, - -4--------,

.1-- - --

-·

PonLNa.mc.:

College's Appcllarc Panel for the following charges:

(· f

\J; , 1-,~ ;

(\-1 ,u,v '..:-t

i' , : V"' C '1

request that· my case be heard by \X·'csley

I3

0

I r---k ~

Le f\P , .-..I I'- ·•r:c') ·•

THIS APPEAL IS BASED ON (check all that apply):
-;{_,

/A

\

"

.~

~\w cvjdcnce that was not :mulablc :1t the rime o f the hearing, which. if inrruduced
'\vo uld signiticnntlvafft .ct the outcome of the hearing.
•

1

~-

~

substa nrive procedural error occ urred that significantly affected the ()utcome of th e
heanng .
.
J

The s~mction is s1grnficantly inconsistent wtth 1nstfrutio nal guideline~ and / ur p,1sr
practice~.

r )(6); (b)(7(C)

Please provide information to support the above selected ground(s) for appeal (You may use th e
back o f this form or arttch :1dditiona l typed p,1ges):

(Form Con ti nued on Back)

 l

Please submit your appeal to Meliss a Elliott, Assistant Dean of Students/Interim Director of
Residence Life (Student Affairs Office, CC 125), within ten (10) College business days from the
"Exit Date" noted at the bottom of your Sanction Assessment Form.

 Elliott , Melissa

r )(6);(b)(7
(C)
(b)(6);(b)(7
(C)

From:

Sent

Elliott , Melissa
Re: Appeal of Expulslon

To:
Subjec:t:

Dear Ms. Elliott
Thank you for letting him know exactly who he needed to work with in helping him get his Appeal
;(b)(7
(C)
l and waiting on the decision of the Appeal. ~
as a great help to
done. !(b)(6)
l<b)(6)
; (b)(7 think.

u

(b)(6
);(b)(7
(C)

On l<b)(6)
; (b)(7(C)

!Elliott, Melissa <Melissa.Elliott@wesley.edu> wrote:

Good evening, !(b)(6)
;(b)(7(C)

I

I

l<b)(6
);(b)(7
(C)
Since the jud icial appeals are submitted to me, I cannot givcifblf6)
;fblf7lfeedback
on his appeal before submission. However,!(b)(6)
; (b)(7
(C)
assist him with feedback in person, over the phone,
;(b)(7(C)
I
or email, depending on what works for i(b)(6); (b)(7pshe is working through!(b)(6)

lean

Melissa Elliott, M.S., CPS
Assistant Dean of Students/Interim Director of Residence Life

rDW~
,~\~y
Great Things A,'/ait

Wesley College
120 North State Street
Dover, DE 19901
Melissa.Elliott(@,weslev.edu
Direct: 302.736.2586
Website ; http://www.wes ley.edu
This message may contain confidential information for the use of the addressee(s) above and may contain
legally privileged information. If you are not the addressee,, or the person responsible for delivering it to the
addressee, you are hereby notified that reading, disseminating, distributing or copying this message is strictly
prohibited. If you have received this message by mistake, notify us by replying to the message and delete the
original message immediately. Thank you.

 }
(b)(6); (b)(7(C)

F rom; l.

Sent: rn!
(b~
)(~6
)~
; (b~
)(~7(~c """'"
) --------....-----------.I

To: Elliott, Melissa
Cc: (b)(6); (b)(7(C)
Subject: Fw : Appea of Expulsion

Ms.Elliott:

l(b)(6); (b)(7(C)

today
5); (b)(7
and is at <~<

7
5
office ._!
<b_l<_l,_<b_l<_<_c)_______

.J!and he had planned to meet with you

~

OflliillzkJ

today to go over his Appeal for his Expulsion
so that he could submit it

He asked me to ema il it to you
an d to h~~~~)i

I

to look it over and to let him know what corrections you see that it needs. He has ~ been though thi s

process
as wehave discussed before
and he is not exactly sure what he needs.

He would like to submit this as soon as he can.

He
would
appreciate any help and advice you can give him for th.is.

2.

 Thank you,

 

 

(WW3)

 

 

 



 

 

 



 

(DRUG)

 

 

 

 

 



 

 

()

( )
Gellman-Beer , Beth
From:
Sent:

Elliott, Melissa <Melissa.Elliott@wes le .edu >
(b)(6); (b)(7(C)

To :

(b)(6); (b)(7(C)

Subjec t:
Attachments:

Appeal Lett er
!(b)(6); (b)(7(C)

Importance :

r,.ppeal.doc

High

Good afternoon ,!(b)(6); (b)(7(

I

Your appeal lette r is attached. A physical copy will also be sent to your home address on file.

Melissa Elliott
Assistant Dean.of Stud~pts / Interim Director of Residence Life

-

[G]W~
,~\~y
Great Thi ngs Await
Wesley College
120 North State Street
Dover , DE 19901

Melissa.Elliott@wesley.edu
Direct: 302.736.2586
Website: httJ>://www.wes ley.edu

1

 }

\

)

Great Thing s Await
l(b)(6); (b){7{C)
(b)(6); (b)(7 (C)

Dear

!(b)(6); (b)(l( C)

I

We are in receipt of you r Intent to Appeal Form, whic h was receiv ed on J(b)(6);(b)(? (C)
I have had the
opportunity to carefully review yo ur appellate material s. You have based your appeal on criteria #2:
however. you did not meet the cr iteria yo u selected.
Cr iteria #2 states that there is new ev idence that was not available at the time of the hearing , which, if
introduced , would significantly affect the outcome of the hearing . It is not accurate to state that the
ev idence was not available at the time of your hearing . [f your witnesses were not availab le in person
at the time of the hearin g, the written statements yo u have submitted for yo ur appeal cou ld have been
brought to the hearing. Add ition ally, as discussed over the phone, the St udent Affairs office can
provide emails to professors i [ a studen t would need to miss class in orde r to give evidence. During
the numerous phone conversations that were had with you and a family member there were many
opport unities to ask for any clarifications if you were unsure of the process.
ln response to the seco nd part of the crite ria (th e evidence wou ld significantly affect the outcome of
the hearing). you r exp lanation that you left after the stude nt who was affec ted by this incident arrived
would not cha nge the outcome of this case. This is because the charges re late to the planning and
impl ementation of the act , wh ich occurred before the student arri ved at the house .
Based on the aforement ioned reasons , yo u do not meet any of the requi red criteria to have your case
forwarded to the Appel late Pane l; there fore, the Appellate Panel w ill not hear your appeal.
Sincere ly .

Melissa Elliott
Assistant Dean of Students / Interim Dir ector of Residence Life
Melis sa.El Iiott@wes ley.edu
(302) 736-2506
Cc:

Wanda Anderson. Dean of Students

 ( )

(J

Gellman-Beer, Beth
From :

Elliott, Melissa <Melissa.Elliott@wesley.edu>

!(b)(6)
; (b)(7(C)

Se nt:
To:

I

Anderson, Wanda
Fwd; Appeal of Expulsion

Subject :

______

..,............,..,.,,.......,
-, !~~l~~l:!(she got his number from (b)(
FYI- also (b)(6);(b)(?(C) called
6);(b)(7 and said (b)(6);(b)(7 was (b)(6);(b)(7(C)
(b)(6);(b)(7(C)
Tencouraged him to have her contact (b)(6); (b)(?(C)

L----------'

L-------------------'

Sent from my iPhone
Begin forwarded message:
Fro m: (b)(6)
; (b)(7(C)
Date: (b)(6)
;(b)(7(C)
11

To:
Lott, e 1ssa' <Me lissa.Elliott@wesley.edu>
Subjec t: Re: A ppeal of Ex pul sion

l have received your emai l that of course was sent after hours to avoid contact.
We were told by Wanda Anderson Dean of Students that she encouraged us to file this appeal.
We did so. We asked for helpJ(b)(6); Iwas the one that told us the criteria our evidence fell under.
The new evidence also is that Ms. Anderson knows exactly who is responsibly for this.
He filed this on ~

it took 6 days for response and more days if missed school.

I am requesting a copy of all documents in this case.
[ want a call back immediately
(b)(6);(b)(7(C)

Il(b)(6); (b)(7(C)

On !(b)(6);(b)(7(C)
~Tote:
Dear Ms. Elliott:

Thank you for..1l.s:,
etu.tll.
in!.li:...!-!J
.,1.U...15i.:1.1.l..t.l0/.....i;..:i.i;l.l.JLJ...1'....liili:.J.qJ
he needed to work with in helping him get his
and waiting on the decision of the Appeal. !(b)(6); !was
Appeal done. (b)(5); (b)(?(C)
a great help to (b)(6);(b)( I think.
l(b)(6);(b)(7(C)

On !(b)(6);(b)(7(C)

J Elliott,

Good evening ,!(b)(6)
; (b)(?(C)

Melissa <Me.lissa.Ellio.tt(alweslev_edu> wrote:

 ------------(

)

I )
(b)(6); (b)(7(C)
Since the judicial appea ls are submitted to me, I cannot give
(b)(6); (b)(7 feedbac~ on hi s appe al before sub mission. However, !(b)(6); (b)(7(C) !can assist him with
feedback in person. ove r the hone, or email, depending on what works fo r! (b)(6); (b)(7 ias he is
workino0 throuoh
,(.b.;.;
)(...:.
6).;..;
; <...:.
b).;..
<7.;..
<C.:..
) ___
__,
0
-

Melissa Elliott. M.S., CP S
Assistant Dean of Students/Interim Director of Res idence Life

Great Things Await

Wesley College .
120 North State Street
Dover , OE 19901
Melissa. Elliottw,wes ley.edu
Direct : 302. 736.2586
Website: http ://www.weslev.edu
This message may conta in confide ntial information for the use of the addre sseets) above and
may contain lega lly privil eged infor mation , If yo u are not the add ressee , or the person
responsib le for de liv~ring it to the addre ssee , you are hereby notifi ed that readin g, disseminating ,
distributing or copy ing this message is strictly prohibited. If you have rece ived this message by
mistake , notify us by replying to the message and delete the or iginal message
immediate ly. Thank you .

From: !(b)(6); (b)(7(C)
Sent: l<b)(6); (b)(7(C)
To : Elliott , Melissa
Cc: l<b)(6); (b)(7(C)
Subject: Fwd: Appeal of Ex pulsion

Ms. Elliott ;

!{b)(6); (b)(7(C)

today
and is a t! (b)(6);

(b)(?(C

Ioffice ._!<b_l<_6)_; <_bl_<?_<c_) _______

__,!and he had planned
2

to

meet with

you

 or

(J

l~~~m
l

today to go over his Appeal for bis Expu lsion
so that he could submi t it

He asked me to email it to you

to look it over and to let him know what corrections you see that it needs. He has never been
though this .process
as we have discussed before
and he is not exactly sure what he needs.
He would like to submit this as soon as be can.

He
would
appreciate any help and advice yo u can give him for this.

Thank you,
(b)(6) ; (b)(7(C)

(b)(6); (b)(7(C)

3

  



 

 

 

 

 



 

 

)
Elliott , M elissa

Anderson,Wanda

From:

l(b)(6); (b)(7(C)

Sent:

Elliott, Melissa
Re:Appeal of Expulsion

To:

Subject

Ok.

Walt said you did the right think referring his

!(b)(6); (b)(7(C)

Wanda Anderson
Sent from my iPhone
!Elliott, Melissa <Melissa.Elliort@wesley.edu> wrote:

On !(b)(6); (b)(7(C)

l sent the info to them. I hope you are able to get some rest.

Sent from my iPhone
~derson , Wanda <Wanda.Ande rs011t@wes
ley.edu> wrote:

On !(b)(6); (b)(7(C)

Melissa,
Please be sure to send a copy to Walt and fl[]
to make surel(b)(6) ; (b)(7(C)

I

to

request a check in with !(b)(5); (b)(7

Wanda

Wanda Anderson
Sent from my iPhone
On !(b)(6); (b)(7(C)

!Elliott,Melissa <Melissa.Elliott@wesley.edu>

wrote:

Sent from my iPhone
Begin forwarded message:

To: "Elliott, Melissa"
<Mellssa.Elliott@wesley.edu>
Subject : Re: Appeal of Expulsio n

I have received your email that of course was sent
after hours to avoid contact.
1

I

 )
We were told by Wanda Anderson Dean of Students
that she encouraged us to file this appeal. We did
so. We asked for help.!(b)(6);!was the one that told us
the criteria our evidence fell under. The new
evidence also is that Ms. Anderson knows exactly
who is responsibly for this.
He filed this on i(b)(6!it took 6 days for response and
more days if miss~d school.

I am requesting a copy of all documents in this case.

r want a call back immediately.
(b)(6)
;(b)(7
(C)

_____________

On (b)(6);(b)(7(C)

,__
(b)(6); (b)(7(C)

__. wrote:

Dear Ms. Elliott:
Thank you for letting him know exactly who be
needed to work with in helping him get his Appeal
done. (b)(6);(b)(7(C
)
and waiting on
the decision of the Appeal. (b)(6); was a great help to
1~~~~r (b) think.

u

!(b)(6);(b)(7(C)
On ](b)(6);(b)(7(C)
!Elliott, Melissa
<Melissa.Elliott(@.weslev.edu>wrote:
Good evening, l<b)(6);(b)(7(C)
!(b)(6); (b)(7(C)
L Since the j udicial
appeals are submitted to me, l cannot give !(b)(6);(b)(7
feedback on his appeal before
submission. However,!(b)(6); (b)(7(C) Ican assist him
with feedback in person, over the phone, or email,
depending on what works for i(b)(6); (bl( las he is
(b)(7(Cl
I
working tbrough l(bl(6l:

Melissa Elliott, M.S., CPS
Assfatant Dean of Students/Interim Director of
Residence Life

 }

Wesley College
120 North State Street
Dover 1 DE 19901
Melissa .Elliott@weslev.edu
Direct: 302.736.2586 ·
Website: http://www.weslev.edu
This message may contain confidential information
for the use of the addressee(s) above and may
contain legally privileged info rmation. If you are
not lhe addressee, or the person responsible for
delivering it to the addressee, you are hereby
notified that reading, dissemina ting, distribu ting or
copying this message is strictly prohibited. If yo u
have received this message by mistake, notify us by
replying to the message and delete the original
message immediately. Thank you.

From : (b)(6); (b)(7(C)
(b)(6); (b)(7(C)

Sent: (b)(6); (b)(7(C)
To: Elliott, Mehssa
Cc: !Cb)(6);(b)(7(C)
Subjec t: Fwd: Appeal of Expu lsion

Ms. Elliott:

!(b)(6); (b)(7(C)

today
and

Ioffice ._!Cb_)C_6)_;(_bl_(7_(c_) ____
Iand he had plarmed to mee t with you

is ad ~~,C5); (bl( 7

!Cb)(6); (b)

or )(b )(6); (

I

today to go over his Appeal for his Expulsion
so that he could submi t it
3

......,

 He asked me to email it to you

I

and tol~~~mc
to look it over and to let him know what corrections
you see that it needs. He has ill£! been though
this process
as we have discussed before

and he is not exactly sure what he needs.
He would like to subrn'it this as soon as he can.

He
would
appreciate any help and advice you can.give him
for this.

Thank you,
(b)(6); (b)(7(C)

(b)(6) ; (b)(7(C)

4

 

 



 

 

 

 

 



 

 

Elliott, Melissa
From:

Sent:
To:
Subject:

(b)(6); (b)(7(C)
(b)(6); (b)(7(C)
Elliott , Melissa
Events of last Night

!build his appea l last week . Once he left he expressed that he would like to work on it over the
I helped !(b)(6); (b)(7(C)
night . Seeing as he want ed to turn it in soon I gave him my work cell numbe r so he could call if needed clar ificatio n.
IShe left a message and I
Yesterday evening at about 6:00pm I rece ived a call from !(b)(6);(b)(7(C)
assumed she had a question abo ut t he appeal. 1decided to give her a call back. She t old me that they got !(b)(6); (b)(7(
appeal denial letter . She also expressed that she would be seeking the help of an att orney. Additionally she said that
i(b)(6); (b)(7(C)
Not bei ng a !(b)(6); (b)(7(C)
was unsure how to handle th e

I

p

I

situation . I assured her that I w ould bring this to your attention in the morning.
After t he call I then contacted !(b)(6); (b)(7(C)
I asked.:::]

I

5

to have !<b)( ); (b)(?(C)

!

!~~~~); (b) j (not mentioning the letter or case). At 6:311 received a text fr omi(b)(6); (!stating that he was supposed to be o n
his way home . !(b)(6); !called !(b)(6); (b)(!but !/bl/6):/bl Idid not pick up the phone . !(b)(6); !received a call from !(b)(6); (b) !wh il e
he was in the showe r but left no message.
I th ink if you we re to contact !(b)(6); (b)(7

!today and possibly this morning it may ease tensions .

Thank You
(b)(6); (b)(7(C)

1

 Elliott, M elissa
From:

Sent :
To:
Subject:
Attac hments :

i(b)(6); (b)(7(C)
i(b)(6);(b)(7(C)
Elliott, Melissa;Anderson, Wanda; Johnston, Dr. William N.
Fwd: Wesley

IMG_3857.png

Dear Staff:
i(b)(6); (bX Iand I received your lener yesterday denying his appeal to be forwarded to the AppeJlate Panel. The
; (b)
reason ou based this information on was false. Ms. Elliott knows that she did not speak with me or!~~~~)
(b)(6
);(b) until after the Judicial Hear to inform him that he could have ta.kenstudents out of classes and that theStudent Affair Office wouJd have provided the professors emails that the students where providing evidence.

I

Ms. Elliot and Ms. Anderson were both explained after the Judicial Hearing that!(b)(6)
; (b) l had never been
though anything like this before in his entire life. He was not familiar with the process. He thought the first
time that they all met was and Educational Conference hearing. He then thought there was a Informal Hearing
and then there was a Formal Hearing. When he went to the Judicial Hearing he had no idea that was the Fonnal
Hearing. I spent time on the phone with Ms. Elliot and !(b)(5); (b)(!spent time on the phone with Ms. Elliot and all
she did was read the a er she gave!<b)(6); (b) !over and over to him. He got more information when he was
working with (b)(6)
;(b)(7(C) on his appeal then the times he spent talking to Ms. Elliot. She acted as if she didn't
want to hear it, nor help him.
This is a Jife changing maner to a student that bas ub)(6);(b)(7(C)
kobe taken
away from him,when he had nothing to do with the RUMOR that was reported. I spoke to Ms. Anderson and
she told me I totally encourage you andi(b)(6); (b)( Ho file an appeal and send the evidence in. We told her that
nothing has ever happened to !(b)(6); (b)( !in his life for him to ever have to face anything like this. There are
<6);(b)(7 ~s friends with that will tell you what a good person he
TONS of students at Wesley college thad~';,),
is. There are professors that will ell you he is very respectful. You are taking away a college education and
possible his life over something he had no PLANNING and no IMPLEMENTATION in doing. Several
students have come and told both the Dean of student and Asst. Dean of Student but for some reason we are not
aware of they want him GONE.
0

They refuse to call me back to discuss this matter when I call they just went into a meeting, or they are not in
today. We even asked is this something we should et an Attorney for in the beginning and they would not give
a straight answer. Now that the process is final an (b)(6);(b)(7 has no further recourse because Ms. Elliot has
determined he could have submitted the evidence earlier which proved he had no involvement. Both Ms. Elliot
and Ms. Anderson know the person that did this doesn't even live at the house !(b)(6); !lives in. I have all the
evidence I need to prove that Wesley College has tenninated my son illegally.
; (b16days after he hand carried it
I would appreciate a call back concerning this letter that was emailed to !<bU6)
in. Just more days to drag it out so that he couldn't gel back into school and finish his classes. !<b)(6);(b)(7 I
!(b)(6)
;(b)(7(C)
!lost because of a RUMOR that gaveh~~~r(b) name but that was not an eye
witness to anything. That could not identifyi(b)(6); (b)las his property, or anything.

I

Iand there are ._!
<b_)<6_);_<b_)<
_7<_c)_____
Mad, yes I am l(b)(6);(b)(7(C)
to go back, for what to be ruined for the rest of his life by false accusation.
1

__.!
He liked Wesley and chose

 )

)

l

'I look forward to a phone call. Mycell number is l<b){6); {b){7(C)
!work (b)(5 ); (b)(?(C)
and Home is !~~~~~~;
l<b)(6 ); (b)(7(C )
you would like to meet in person let me know that too it will only take me (b)(6) ; (b)(7
t<Yget there.

!If

l(b){6); (b)(7(C)

---------- Forwarded messa e ---------From: (b){6); (b)(7(C)
Date (b)(6) ; (b)(7(C)
Subject: Wesley
To: l{b)(6) ; (b)(7(C)

(b)(6); (b){7(C)

 - .•
Elliott, Melissa
Elliott, Melissa
!(b)(6); (b)(7(C)
Johnston, Dr. William N.
Anderson, Wanda
Conduct process information
Judicial Hearing Board; Sanction Assessment; Appeal Request Form; Appeal Letter

From:

Sent
To:
Cc:
Subject:
Attachments;

Good afternoon, Dr . Johnston,
Below is my response to your request for an account of the conduct process for the case involving !<b)(5); (b)(?(C)
On (b)(6); (b)(7(C)
twas present during interim suspension meetings for four students, !(b)(6); (b)(7(C)
(b)(6); (b)(7(C)
These meetings were led by Dean of Students, Wanda Anderson, and
Director of Safety and Security, Walt Beaupre. I was t here to give the students my card and introduce myself so they
knew who to contact with questions about the process. It was explained that th is was a Title IX case and as such the
next step was a Judic1al Hearing Board due to federal guidelines.
Wi t hin the next day or two (I am unsure of the date) !(b)(6); (b)(?(C) !had reached out to me to ask about the pro cedures
fo r the hearing. I explained the procedure for the hearing. Onl(b)(6); (b)(7(C) I t sent out the hearing notice , along with the
judicia l pointers sheet, and some information about having an advisor. I have attached that email. This email also
encouraged him to contact me with any questions about the procedures.
The hearing was held on Hb)(6):(b)(7(C) I in my role, I was only present to help conduct the proceedings aod make sure
procedure was followed. Once all part ies had completed closing statements, the three board members deliberated in
private. When they completed deliberations they brought their decision to me. As is our procedure, I created the
!for approval before sending to the
Sanction Assessment letters and sent them to the board d1ai~(b)(6); (b)(7(C)
students.

i

Oni(b)(6); (b)(7(C) I sent the sanction letters to all four students along with a sheet about our appeal procedures . I have
attached that email. Also, after speaking with !(b)(6); (b) bn the lifilul sent him the appeal request form. I have att ached
y phone because he had
tha t emall too . On!(b)(6); (b)(7(C) !at approxima tely 1:45pm-2pm I spoke wit ~(b)(6); (b)( l:>
requested a phone conference to discuss the appeal process. I walked him through t he steps and explained the criteria
ltwice (afte r confirm ing that we had a FERPArelease
for appeal. By this point I had also spoken with i(b)(6); (b)(7(C)
form on file giving me permission to speak with her) . I made every att empt to explain our process several times to both
j{bl{6l: {bl{7(Cl
!All four students had 10 business days from the exit date of their sanction lette r to submit an
appeal request . This would make the last date for appealslfb)/6}fb}IJIC}
i(b)(6); (b)(7(b ppeal materials were submitted to me at the end of the day on i(b)(6); (b)(7(C) U(b)(6);(b)(7 !appeal had several
pages and I wanted to make sure that it was all considered and matched to the criteria he selected . He selected criteria
number 2 which states : " New evidence that was not availa.ble at the time of the heari ng, which, if introduced, would
significantly affect the outcome of the hearing." This crite ria has two parts . First the evidence was not avaifable at th e
time of the hearing J(b)(6); (bX !submitted statements from people that could have been available at the time of the
hearing had he chosen to do so. And in fact, dur ing the hearing, he said he could have brought witnesses but he didn't
think it was that big of a deal.
The second part of the criteria states that the evidence wo uld significantly affect the outcome of the hearing . The
collected statements tha d (b)(6); (b) !submitted did not give any evidence that proved that he was not part of plan ning this
violation, only that he left th e house shortly after t he victim arrived. I spoke with Wanda to confi rm that t his did not
meet the criteria and sent her my draft of his letter before sending it. I havealsoattacheda copyof the appealletter
email.

 ' Please let me know if there is any other information you need or if you need clarification on anything I have described .

Melissa Elliott
Assistant Dean of Students / Interim Director of Residence Life

~W~,~l~Y
Great Things Await

WesleyCollege
120 North State Street
Dover, DE 19901

Melissa.Elliott@,vesley.edu
Direct: 302.736 .2586
Website: http://w, ..rw.weslev.edu

( ; •--=.' - ,- . :, .. ::· : ' ~.
' ---

-:·

1

··- - ·2•

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:~

.: :_!;1f-'.

r

 Elliott , Melissa
Anderson, Wanda
!(b)(6); (b)(?(C)

From:
Sent ;
To:
Cc:
Subject :

Johnston , Dr. William N.
Anderson, Wanda; Elliott, MeJissa
Re: Wesley

Thank You.
Wanda Anderson
Sent from my iPhone

IJohnston , Dr. William N. <William.Johnston@weslev.edu>

On !(b)(6); (b)(7(C)

wrote:

FYI
From: Johnston , Dr. William N.
Sent: Friday, April 24, 2015 10:5 8 AM
To: !(b)(6); (b)(7(C)

I

Subject : RE:Wesley
Dead(b)(6); (b)(7(C)

I

I appreciated speaking with you yesterday . As a parent, I relate to the overwhelming concern each of us
has for the welfare of our children .
Following our phone conversation, and as a courtesy to you, I asked to view t he procedural informatio n
pertaining to the judicia l case involving !(b)(6); (b)(7 do not play a role in the judicial process. I have
viewed the various correspondence and have concluded that his rights were respected and that the
procedural due process was followed. I have concluded that the denia l of the appeal was just ified .

I

If you wish, we can talk again 1
Most sincerely,
Bill Johnston
President

From :!(b)(6); (b)(7(C)

Sent : l(b)(6); (b)(7(C)

I

To: Elliott, Melissa; Ande rson, Wanda; Johnston, Dr. William N.

Subject: Fwd: Wesley

Dear Staff

!\~~~r
(b) Iand I received your letter yesterday denying his appeal to be forwarded to the Appellate
Pan.el. The reason you based this informationon was false. Ms. Elliott knows that she did not
speakwith me or l<b)(6); (b)(?(C)
!until after the Judicial Hear to infonn him that he could have
1

 )

)

taken students out of classes and that the Student Affair Office would have provided the
professors emails that the students where providing evidence.
Ms. Elliot and Ms. Anderson were both explained after the Judicial Hearing that!(b)(6)
; (bX!had
never been though anything like this before in his entire life. He was not familiar with the
process. He thought the first time that they all met was and Educational Conference hearing. He
then thought there was a Infonnal Hearing and then there was a Fonnal Hearing. When he went
to the Judicial Hearing he had no idea that was the Fonnal Hearing. I spent time on the phone
6); (b) spent time on the phone with Ms. Elliot and all she did was read the
with Ms. Elliot and (b)(
paper she gave (b)(6);(b) over and over to him. He got more infonnation when he was working
with!(b)(6)
;(b)(7(C)!on his appeal then the times he spent talking to Ms. Elliot. She acted as if she
didn't want to hear it, nor help him.

--------------J

This is a life changing matter to a srudent that has .,..l
~b
"""'
)(._.
6).._
; (__
bl.(7.._
._(C.,_
)
to be taken away from him, when he had nothing to do with the RUMOR that was reported. I
; (bXIto file an appeal
spoke to Ms. Anderson and she told me l totally encourage you and !(b){6)
; (b) !in his life for
and send the evidence in. We told her that nothing has ever happened to !\e~~)
him to ever have to face anything like this. There are TONS of students at Wesley college that
!(b)(6); (b)( Hs friends with that will tell you what a good person he is. There are professors that will
ell you he is very respectful. You are taking away a college education and possible his life over
something he had no PLANNING and no IMPLEMENTATION in doing. Several students have
come and told both the Dean of student and Asst. Dean of Student but for some reason we are
not aware of they wan t him GONE.
They refuse to call me back to discuss this matter when I call they just went into a meeting, or
they are not in today. We even asked is this something we should get an Attorney for in the
beginning and they would not give a straight answer. Now that the process is final andr,:,I
Cb"""'
)C6
"");"'"'
(,...
b)(
~!
has no further recourse because Ms. Elliot has determined he could have submitted the evidence
earlier which proved he had no involvement. Both Ms. Elliot and Ms. Anderson know the
person that did this doesn't even live at the house !(b)(6); !lives in. I have all the evidence r need
to prove that Wesley College has tennina ted my son illegally.

I would appreciate a call back concerning this letter that was emailed to !(b)(6)
; !6 days after he
hand carried it in. Just more days to drag it out so that be couldn't get back into school and finish
;(b)(7(C)
Uost because of a RUMOR that gave
his classes. !(b)(6)
!(b)(6
);(b) !name but that was not an eye witness to anything. That could not identify !{b)(6);(blas his
property, or anything.
Mad, yes I am l(b)(6);(b)(7(
C)
Iand there are !(b)(6)
;(b)(7(C)
I He liked
Wesley and chose to go back, for what to be ruined for the rest of his life by false accusation.
5); (b)(7(C)
r::"":":~,....,...~h_on..,e call. My cell number isl<b)(
Lwork !(b){
6); (bX7(C)
!and
If you would like to meet in person let me know that too it will only
........
__ __. to get there.

fbX6); (b)(
7(C)

2

 J
..

---------- Forwarded message ----------

From:'!(b)(6); (b)(7(C)

Date:

!(b)(6); (b)(7(C)

l

Subject: Wesley
T o : !<b)(6); (b)(7(C)

(b)(6); (b)(7(C)

3

 i .,

Elliott , Melissa
From:

Sent :
To:

Subject:

l(b)(6);(b)(7(C)
!{b)(6)
;(b)(7(C)
Elliott, Melissa
Wesley

!{b){6)
;{bl

I-

OMG! I am devastated as must as!(bJ(6J
; {bl{7 !is he never claimed 1bat the procedural process was not done what
we was complaining about was that you and Ms. Anderson were both ex.plained after the Judicial Hearing that
!(bJ(6J
;{bJ{7
!had never been though anything like this before in his entire life. He was not familiar with the
process. He thought the first time that they all met was and Educational Conference Hearing. He then thought
there was a Tnfom1alHearing and then there was a Formal Hearing. This is what it states happens. They met
with them the first time and told them they were suspended, then they met with them again where they came
and.everyone was met with individually and then as a group and that was when be got the expulsion. He
thought there wa_s a three part to the process and he did not know he as a student had the authority to pull
students out of class to come to a hearing for him when they had classes. It wasn't until after the Judici al
Hearing that both he and mys elf were told by both Ms. Anderson and your self that he could of pulled
them out and they would provide emails o.rsomething to the students professors that they were needed
for evidence. But this was told to us after the hearing already took place. Wouldn't tlris be additio11al
iJ1formation ifit was known would ha ve had a substantial affect on tlie out come of his case ? There is only
three criteria's in which he had to choose from and he felt that if he had that infonnation at his Judicial Hearing
he would have known he could have asked the students to come that they would have gotten notes for missing
their classes and I am sure they would have been there for
{bl He could also provide information that the
victim was at the house prior to corning back that night because they are friends and they usually hangout

h~
~~.J
; I

together a lot.
Why does Wesley want 10 hurt him.? When a stude nt has never been in trouble before they go to the most
extreme sanction to punish him for something he bas not done. This is a student that cares about his
education. Someone that loves being in college and Wesley is taking this all away from him, but they let the
other's smoke pot and get loaded on alcohol, do drugs and that's cool. There is something totally wrong in the
system. All we are asking is to give him another chance to let him prove himself. Allow him back and let him
try to get his classes cau ht u he has been workin even thou ht he was ex elled and (bJ(6J
; (bJ(7(CJ
!{bJ{6J
; I He (bJ(6J
; (bJ(7(CJ
to have
it back in time. He ju st wants to go to schoo l.

!(b)(6);(b)(7(C)
Please call me l<bJ(6J;(bJ(7(CJ

(b)(6)
; (b)(7(C)

1

  

 

(Ems); {mm}

 

 

Elliott, Melissa
From:

Sent:
To:
Subject :

r )(6); (b)(7(C)
(b)(6); (b)(7(C)

Anderson, Wanda; Elliott, Melissa; Johnston, Dr. William N.
Good Afternoon

Please give.him~ chance. ·we beg y011to allow himto come and stand before you and give you his word that
he will do whatever he can to make things right. He just wants to come back to ~chool and finish his
education. Please , Please give him another chance.
We beg you !
(b)(6); (b)(7(C)

(b)(6); (b)(7(C)

l

 Elliott, Melissa
Johnston, Dr.William N.
l(b)(6);(b)(
7(C)
Elliott, Melissa

From:

Sent :
To:
Cc:
Subject :

Anderson, Wanda

FW:l(b)(
6); (b)(7(C)

...

DearMelfssa,

As discussedon the phone, pleaseconduct a final reviewof the items that h';,>
(6); (b)(7 !presents. After you have done
1
so, please review the accusations and her recordswith DeanAnderson. I would liketo give!(b)(6); (b)(7 Ia response in
the next 24-36 hours. Thankyou, Dr.Johnston
From: !<b)(~)
;(bJ(7(C)
Sent: j<b)(6
;(b)(7(C)

0

To : Johnston, Dr. WilliamN.
Subject: j(b)(6); (b)(?(C)

!

Dear Dr. Johnston:
I sat all weekend and read the standards of conduct for Wesley College students and after reading the violations
that they charged!(b)(6); (bX !with I came upon this statement below. The Dean of Students, the Asst. Dean of
Students, were told not only in her statement but at the Judicial Hearing that!~~~);(b) was not involved in this
incident, but this evidence was apparently overlooked.

!

Additionally, it says that the student would receive sanction from warning to expulsion, depending upon
severity and the victim said to the Dean of Students that she didn't report it because she didn't think it was a big
(bl{I does
of deal. And it says they take into account any previous campus conduct code violatio~ of whichl<bl{6l:
not have any for anything. And be does not live on campus.
Any student found responsible for violating the policy on sexual exploitation or sexual harassment ,¥iJJ likely
receive a recommended sa11ctio11ranging from w"rni11glo expulsion. depending on the severit.vof the
incident. and taking into account am•previous campus co1td11ctcode violations.

Can they please take a look at this again and give him the chance and not expel him from school. Allow him to
continue his education. He is so close to finishing. We ask this of the school to please take another look at all
the evidence and statements provided.

(b)(oJ; (b)(7(C)

1

  

 



 

 

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 WESLEY 
TITLE 

Fall 2015

   

One sentence, 37 Words

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

 SCOPE
~

Titl e IX
• Applies to all forms of sex based discrimination, including sexual harassment ,
sexual misconduct, and sexual violence
• Applies to all forms of gender-based harassment
• Applies equa lly to students, staff members, faculty members, and third parties.
•

Protects students and emp loyees from sexua l harassment by any school employee ,
student, or non -employee third party

•

Protects third parties from sexual harassment or violence in a school's educ~tion
programs and activities (e.g., high school/undergraduate st udents participating in
recruitment programs, those visiting in residence halls, etc.).

•

Protects students in connection with all academic, educational, extracurricular,
athletic , and other programs of the school, whether those programs take place in a
school's facilities, on a school's bus, at a class or training program sponsored by
the school at another loca tion, or elsewhere.

•

Protects students from the continuing effects of off-campus sexua l harassment ·
the educational setting

 NOTICE
..,. Under Title IX, if a school knows or reasonably should know about sexual
harassment that creates a hostile environment, the school must eliminate the
harassment, prevent its recurrence and address its effects .
..,. A school violates Title IX if it has "notice" of a sexually hostile environment and
fails to take immediate and corrective action .

..,_ Universities are deemed to have notice if a responsible employee knew,
or in the exercise of reasonable care, should have known about the
harassment .
..,_ A responsible employee includes any employee who:

..,_Has the authority to take action to redress the harassment;
...,.Has the duty to report to appropriate school officials sexual
harassment or any other misconduct by students or employees; or
..,_A student could reasonably believe has the authority or
responsibility to take action.

 KEY D£F1lNITIONS
..- Sex based discrimination - includes sex-based harassment, other
discrimination on the basis of sex, and retaliation relating to complaints of
sex discrimination .
..- Sex-based harassment - includes both sexual harassment, including but not
limited to sexual assault, and gender-based harassment .
..- Sexual harassment - any unwelcome conduct of a sexual nature, including
sexual violence.

Can include unwelcome sexual advances, requests for sexual favors, and other
verbal , nonverbal, or physical conduct of a sexual nature, such as sexual assault
or acts of sexual violence.

 HO\i TO A \f OID UN~ELCOME BEHA \/IOR
•

Respect the people around you

•

Think before you act

•

Imagine how the other people might be feeling

•

Be sensitive to diverse perspectives

•

Exercise common courtesy

~

Think twice before making a joke (any joke)

 KEY DEFINITIONS

Hostile Environment - exists when harassment:
~

Is sufficiently serious (severe, pervasive, or persistent) , and
from both the alleged victim's and reasonable person's
viewpoint offensive so as to deny or limit a person's ability
to participate in or benefit from Wesley's programs,
services, opportunities or activities; or

~

When such conduct has the purpose or effect of
unreasonably interfering with an individual's employment
opportunities

 TEST YOUR KNOliLED6£

Sandy has a habit of leaning in close to Leah and
brushing her hand against her thighs when they are
working at a shared workstation. Leah has brushed
her away and asked her to stop several times, but
Sandy continues the behavior .
Is this a hostile environment?

 TEST

YOURKNOWLEDGE

Sandy has a habit of leaning in close to Leah and
brushing her hand against her thighs when they are
working at a shared workstation. Leah has brushed her
away and asked her to stop several times , but Sandy
continues the behavior.
Is this a hostile environment?

YES

 HOSTILE ENVIRONMENT
..,. To determine if conduct denies or limits educational or employment
opportunities -requires a review of the situation from perspective of a
reasonab~eperson in the complainant's position, considering:
..,.The type of harassment (e.g., verbal or physical);
..,.The frequency and severity of the conduct;
,....The age, sex, and relationship of the parties involved
,....The setting and context in which the harassment occurred;
..,. Whether other incidents have occurred; and
,....Other relevant factors .
...._The more severe the conduct, the less the need to show a repetiti ve
series of incidents to prove hostile environment .

 Q/UIDPRO QUO
...,.Latin term that means "this for that"

...,.An exchange of one thing for another

...,.Person does not have to prove they suffered an economic loss. It is
enough to show a threat was made or reasonably implied .

...,.Harassment does not have to occur more than once if it is linked to
granting or denial of employment benefits (e.g., hiring , promotions,
salary increases, shift or work assignments, or performance
expectations)

 TEST YOUR KNOWLE DGE
Jerry offers his chief resident, Laverne, a ride home
following an after -hours function. At her residence, he
attempts to kiss and sexually fondle her while urging her to
invite him in. She resists his advances and tells him she is
off ended and angered by his behavior . Jerry leaves and does
not mention the incident again but during the following
weeks he reorganizes the department and assigns Laverne to
a less responsible position.

What is the Concern?

 'T'EST YOUR K_NO\iL£D6£
Jerry offers his chief resident, Laverne, a ride home following an afterhours function . At her residence, he attempts to kiss and sexually fondle
her while urging her to invite him in. She resists his advances and tells
him she is off ended and angered by his behavior. Jerry leaves and does
not mention the incident again but during the following weeks he
reorganizes the department and assignsLaverne to a less responsible
position .

What is the Concern?
Jerry made an employment decision which detrimentally affected
Laverne because she was not interested in a romantic or sexual
relationship with him.

 KEY D£FINITI0NS
.._ Sexual misconduct - includes sexual assault , inducing
incapacitation for sexual purposes, sexual exploitation ,
and relationship violence
.._Sexual assault - an actual or an attempted sexual contact
with another person without that person's consent .
.._ Inducing incapacitation for sexual purposes- includes using
drugs, alcohol, or other means with the intent to affect or
having an actual effect on the ability of an individual to
consent or ref use to consent to sexual contact.

 KEY DEFINITIONS
~

~

Sexual Exploitation - occurs when a person takes non-consensual or
abusive sexual advantage of another for his/her own advantage or
benefit, or to benefit or advantage anyone other than the one being
exploited, and that behavior does not otherwise constitute one of the
other sexual offenses.
Relationship Violence - Abuse or violence between partners or former
partners involving one or more of the following elements:
~
~
~

~

Battering that causes bodily injury;
~~rposely or knowingly causing reasonable apprehension of bodily
1nJury;
Emotional abuse creating apprehension of bodily injury or
property damage; or
Repeated telephone, electronic or other fo"rmsof communication anonymously or directly - made with the intent to intimidate,
terrify, harass, or threaten.

 1

KEY DEFINITIONS
..., Stalking - includes repeatedly following, harassing, threatening, or
intimidating another by telephone, mail, electronic communication , social
media, or other action, device or method that purposely or knowingly causes
substantial emotional distress or reasonable fear of bodily injury or death
..., Consent - is informed, freely given and mutual. Consent must be knowing,
willing, and voluntary.
IJli,,

Bullying is aggressive behavior that involves a real or perceived power
imbalance. The behavior is repeated, or has the potential to be repeated,
over time. Bullies use their power - such as physical strength, access to
embarrassing information, or popularity - to control or to harm others.
(http:/ /www.stopbullying.gov)

..., Gender based harassment - non-sexual harassment of a person of the person's
sex and/or gender, including but not limited to harassment based on the
person's nonconformity with gender stereotypes .
..., May include acts of verbal, nonverbal, or physical aggression, intimidation
or hostility based on sex or sex stereotyping, even if those acts do not
involve conduct of a sexual nature.

      

 

  

>W0uld you like a cup of 



1 
Un-Jt Th ing? 21m: It

 

RETALIATION
.._.Action taken by an accused person or an action taken by a
third party against any person because that person has
opposed a practice, or because that person has filed a
compla i nt, testified , assisted, or participated in any
manner in an investigation or proceeding .
.._.Includes action taken by a bystander who intervened to
stop or attempt to stop discrimination , harassment, sexual
assault, sexual violence or sexual misconduct.

 TEST YOUR KNOWL£D6£
Johnnie alleges he was sexually assaulted by another student
off campus grounds. Since returning to campus , he has been
the subject of crude social media jokes on Facebook and
Twitter by other students who are friends with the alleged
perpetrator and who are upset that Johnnie reported the
incident.

What is the Concern?

 1

T EST YOUR KNO~LE D6£

Johnnie alleges he was sexually assaulted by another student
off campus grounds. Since returning to campus , he has been
the subject of crude social media jokes on Facebook and
Twitter by other students who are friends with the alleged
perpetrator and who are upset that Johnnie reported the
incident.
What is the Concern?
Johnnie is a victim of both Bullying and Retaliation .

 RISKY BUSINESS

....Touching
-... Humor
.... Not recognizing different perspectives
.... Not understanding intent vs. impact

 BYSTANDER INTER\f£NTION
1

~ Term used to describe actions taken by individuals to prevent or to stop

sexual harassment.
~

Fact: 80%of college age men are uncomfortable when women are belittled
or mistreated, but state they do not express their discomfort because they
believe they are the only ones who are uncomfortable.

Other Reasons We May Not Help
Bystanders may not interpret an event as a problem situation because of:
~ Situational ambiguity - unsure of inappropriateness of sexual comment or

action made by a perpetrator.
the same way as others.

Individuals may not perceive a situation

~ Conformity - bystanders assume nothing is wrong because no one looks

concerned or they simply conform to a group's rules in order to be
accepted

 9 STEPS TO TAKE

A ST AN D

1. Interrupt the situation - distract both parties or remove them
immediately.
2. If your friend is incapacitated , remove them immediately .
3. If you think your friend has been drugged, take them to the
hospital.
4. Beware of comments/behaviors from others that would indi cate
their attempt to participate in non-consenting sexual activity
5. Know your comfort level with conversations around sexual
behavior. If not in sync with how you feel , speak out and state your
position

 9 ST'EPS TO TAKE A STAND
6. Don't joke about Sexual Assault. "Jokes" can trivialize the
severity of the behavior.
7. Be aware of language, media influence and traditional role
justification.
8. Don't allow victim blaming - "It 's her/his fault because. . . "
9. Support the victim and follow up. Although it can be
awkward to conf rant a peer, it's better to be safe than sorry.
TAK£ A STAND!

 C0Nf'1D£NJTIAUT1f
~

Is not guaranteed

~ Every reasonable effort will be made to keep the confidentiality of all

parties
~

Appropriate Wesley officials will be kept informed on a need to know
·
basis

~ All parties should be respectful of the sensitive topic and refrain from

discussing the investigation

 DUn'TO REPORT
_...All Wesley College employees are trained to report to a
Title IX Coordinator when witnessing or receiving ·
information about a violation of Title IX, including sexual
harassment and sexual violence .
_...This duty to report does not include employee .s who are
statutorily prohibited from reporting , like licensed
counselors or health service providers.
_...Students, non-employees or campus visitors/ guests are
strongly encouraged to report violations.

 THE CONSENSUAL SEXUAL RELATIONSHIP
t

~

Relationships of this nature are "strongly discouraged "

~

If one person wants to end the relationship and the
other party does not , there could be a claim of hostile
environment

~

The jilted party could claim that the relationship was
the result of quid pro quo harassment and not ·
voluntary

~

There is a strong presumption under Title IX that sexual
activity between an adult student and an adult
employee is unwelcome and nonconsensual

 AVAILABLE RESOURCES
What practices are in place to support those who have or wish to file a comp.lain
.,_ Confidential resources
.,_ Counseling services- Wesley College; (302)736-2445
.,_ Dover Rape Crisis Centers; (800)262-9800
.,_ Human Resources- Wesley College; (302)736-2333
.,_ Wesley College Campus Security; (302)736-2436
.,_ College monitoring and accountability for possible acts of retaliation by the
accused
.,_ Emotional and psychological support from Title IX Coordinators

 TITLE IlX
Responsible to oversee and to monitor campus Title IX compliance
~

Wanda M. Anderson

Dean of Students & Title IX Site Coordinator
120 North State Street
Dover, DE 19901
(302)736-2443

 TITLE IX COORDilNATORsS
AT liESLEY CO
1

a,. Campus Site Coordinator
Wanda M. Anderson, Dean of Students
Office of Student Affairs
125 College Center
302-736-2506
wanda. anderson@wesley.edu

a,. Title IX Coordinator for Student Conduct & Sexual Assault
Melissa Elliott , Assistant Dean of Students & Director of Residence Life
Office of Student Affairs and Residence Life
121 College Center
302-736-2586
melissa.elliott

@wesley .edu

 YiESL£YCOLLE6£

TITLE 1lXCOORDINATO§S

~ Title IX Coordinator for Student Conduct & Sexual Assault

Renee McGlothlin, Reservation and Conference Coordinator
Office of Student Affairs
123 College Center

302-736-2593
re nee.mcglothli n@wesley.edu
~ Title IX Coordinator for Anti-Harassment

Dr. Karen Panunto, Associate Professor of Nursing & BSN Program
Director
215 Health Sciences Building

302-736-2511
karen.panunto@wesley.edu
~

 ~£SLEYCO

'..6£ TITLE IX COORD1NAT0
1

.,.. Title IX Coordinator for Athletic Compliance
Tracey Short, Associate Athletics Director, SWAand Head Field Hockey Coac
2 Wesley West
302-736-2541
tracey.short@wesley.edu

.,.. Title IX Coordinator of Disability Support
Brian Belcher, Coordinator of Disability Support
1128 Parker Library
302-736-2739
brian.belcher@wesley.edu

 vlESL£YCOLLEGE TITLE IX COORDINATO~
llJJ>

Title IX Coordinator for Hostile Environments
Dana Huber, Human Resource Manager
322 College Center
484. 357.2480

HR@wesley.edu

 'WHY
IS R£PORTJIN6IMPORTANIT?
..,. Reporting allows victims to receive emotional and
psychological support , even if an investigation is not
conducted .
..,. Reporting incidents allows the College to monitor and
establish patterns of incidents that may put members of
the community at risk .
..,.The College is unable to charge someone who has
participated in an act of sexual misconduct or harassment
without an actual victim coming forward .

 Q/UESTIONS?

For More Information and Reporting
Forms Please Visit:
http:/ /wesley.edu/fileadmin/ editors images/Student_Life_f
Hes/Title IX Info Form3.pdf

 L
How Witnesses are Included
All individuals interviewed during the course of the investigation are asked to serve as witnesses
if there is a formal conduct hearing . If a student witness has a class during the t ime of

the

hearing, the Student Affairs department will offer to send an email to the professor explaining
that the student was assisting with a conduct hearing. A referred student is permitted to call
any witnesses to the incident. The referred student is asked to provide a list of the witnesses
he/she is calling ahead of time.
When a Witness is Excluded
There are not many things that would exclude a witness . Even if the requested witness is not
present at the actual incident, if they have information about conversations that took place
after the inciden t either between the witness and the complainant or the witness and the
referred student they may have valuable information about the incident.

 I

l

Wesley College
OCR Docket 03152329
Interviewee:
Interviewer s:

l(b)(6); (b)(7(C)

!(the Student}

Beth Gellman-Beer (Team Leader)
Amy Niedzalkoski (Team Attorney)

Date :

November 4, 2015

Location:

Others present:

X

Hotel meeting room
None

The Interviewee was informed of rights re: FOIA and the Privacy Act

It appears that the College's basis for disciplining you was that it believed you were involved in the
planning of the live streaming of the sex act. Are you disputing this fact?

Yes. The College got names thrown at them and the college assumed every name in there planned it. I
think they should have looked deeper and listened to my witnesses . The college ignored the witnesses,
including the victim . I wasn't allowed to talk to her and she wasn't allowed to show up . I wasn' t
allowed to bring w itnesses to my formal hearing which I thought was my informal hearing .
You were brought in on ~

and you met with Anderson and Elliot?

Yes. And Walt .
What were you told during that meeting ?

That I was suspended and gave me paper saying I had an informa l hearing , a formal hearing, and an
appeal. I didn't know that meeting was my informal hearing.
Did

the!~??~L!meeting did you have a chance to dispute the charge?

No.
Did they ask for your response?
No.
Did they ask you what witnesses you have that they could interview ?

 No.
Did they ask if you have evidence?

No. They said, you're suspended, you have an informal hearing, a formal hearing, and an appeal. They
didn't tell me that meeting was my informcil hearing . I pressed it and said I wasn't involved but they
weren ' t having it .
Did th ey show you Walt's repor t at that meet ing?

No.
Did they tell you who narr,ed you ?

I

No. That was the n1ystery. The guWbJ(6!ended up apologizing to me because he's the one that told!~?)~~)/
and brought my name up . The student of !(bJ(6J
;(bJ(7(CJ ! who told Walt was never provided to me.
Do you know if another guy involved named you?

No.
What motivation would they have had to name you ?

I don' t know . !~?)~~l:
kold me that everyone thought he was getting blamed . I didn' t know about the go
pro . The night of the incident I didn't know there was a go pro until ~
told me about it about three
days after the incident. The reason it got blowh up was that !(b)(6); (b)(7(CJ !were talking upstairs,fifilr] felt
he needed to tell ~
I can' t be made atfim}ecause I think he did the right thing, but he put my name
into it, then apologized. It was a big fight. He apologized, he wrote me a letter saying sorry I got you
the school made it public and everyone knew it was
int o it and I'll try to get you out . I felt bad for ~

l~~~~~i; I

Why do you thinkl(b)(6); (b)(7(C)

Iwou ld have named you?

~
thought we were all ganging up on him. He brought up a joke about the go pro to ~
After tha t
!(bJ(6JIdenied he ever said anything . He and !(bJ(6); (bJ(7(CJ were trying to push it on everyone else.!(b)(6J;
was sayingj<b}f6}
: < I shouldn ' t have hooked up with her, that it was my fault for bringing her over

I

What motivation do you think !(b)(6); (b)(7(CJ

I

!would have to name you?

.:I t don't know . !(b)(6J;

bt first it was tense because he thought it was my fault becausej(bJ(6
Jlwanted
to hook up with him and I brought her over . We later talked about it .

I

A/te d (bJ(6J; after you met with Mel issa, Anderson, and Walt you talked to Melissa the next day. Did she
te/f you that she could give professors a note for your witnesses?

 I wish there was a recording. lwas driving, kept getting disconnected, and couldn'l reach her. lgot her
and asked her a million questions and every answer she gave me was her reading the paper she gave me
the day belore. She couldn't answerahy olmy questions. loidn't know anything about the pvocess.

Did she say anything about Witnesses during that call? That she could send note to pmfs?

Not That phone tail was stresstul she just kept reading tram the paper and not answering my questions
she dldn'l tell me about witnesses at anything.

anybody at the college email you or re/er you to the procedures that were 90mg to be used /or the
heanng 

They told me Ill had queslIDns I could talk to JDH old me he had not gar! in the
radical process that he was Just tie busted his ass and helped me more than
anyone when he didn't eyen need to do that.

 

I see at some paint Melissa emailed you the link to the student handbook. Did you review it?
YES.

Are you aware that the college had a separate rit/e IX polity?

ND

Were you ever provided with it?

No,

Were you ever informed that a of text messages between you and-were submitted as
evidence?

yes, lprintea them and gave them to whe lb)(6l len the house I went back toroarn
tram my phone. After his phone was tharged he started texting him with his

 

 

rhere's a subsequent text exchange between you andwhere she says don't worry I got your back.
How did the college get that?

onbahly We screen shoned all our cunversatians so there was not dispute about what we said.
girl tarted a lot al tension between me andfifl. Me andwere lighting tor a while, she
said I can't believe you this to me. I told her I don'l know what else I can do, I tried. She had my
back and was to help me.

Did you ltnaw that the college had those texts?

I don't know. Me and
mem

 

aiit every day. I printed otta lot at text messages, may have submitted

Did you ever meet with Melissa Elliot ogain after ~

elephone conversation?

No. I wasn't allowed on campus.
Did you speak on the phone again with her?
No. I couldn't get in contact with her . The office doesn't usually ask who's calling when you call the
dean's office, with me they did and they would come back and say that the dean/Melissa is out to lunch.
When I finally got in contact with her it was like it was a game. She couldn ' t answer any of my
questions . I don' t know how many times we talked on the phone probably two or three . When I was
asking about the appeal, I asked do I write a letter? Request an appeal? How do I do this? Who do I write
this too? And Melissa just kept reading the paper . This was on!(b)(6! It was a [mess}.
Why didn't you bring witnesses to the hearing?
I tho ught it was my informal hearing. I didn't know th at the meeting on 4/1 where all they did was tell
was an informal hearing .
me I was suspended and that I couldn ' t talk to ~
When you say "informal hearing " do you mean ''educational hearing? "
Yes.
Did they record that meeting?
I know there was a recording at the formal hearing, but I don't think they did at the informal hearing.
When I showed up at the formal hearing, !(b}(6}; (b)(7(C} was supposed to be my witness. She had a test
and I told her do n't miss it because there's still the formal hearing. At the end of the formal hearing, I
don't know if it's when I was by myself or when they brought us all in together I asked, "Can I bring
w itnesses next time?" I felt like if I had my witnesses I'd be fine.

I

Did you say I didn't realize this was the formal hearing ?
Yes. And they said this is the formal hearing . And !(b}(6): ~aid I'm guessing the educat ional conference
was the informal hearing.
Was~

at the hearing?

No. He was across the hall and I was in his office before .
Beth showed him the notice that says "iudicial hearing " and names the board members and asks haw he
didn't know that was a hearing?
Because I didn't know the E[J meeting was the infor mal hearing . I've never been in trouble before.
Once I realized that the hearing was the formal hearing I realized t had just blew the bed. They wouldn ' t
let me bring !(b)(6}!as a witness.
Were you able to questio ~

at the hearing?

 J

No.

What did you mean they wouldn't let you bringE2:) as a witness?
I asked what if my witne ss is the victim and she can help me get out of this and they said no, you can't
talk to her and you can't have her as a witness. She even went to the dean by herself and tried saying I
was told I can't be his witness but I'm coming to you now. She didn' t try to help anyone else.

When you were at the hearing, did Wolter rea d the incident report at the hearing?
Yes.
Were you given the opportunity to question him after he read that report?
No. He read it and the board questioned me.

Did the board ever ask if you had questions for Walter?
No.

And you weren 't there when ~

gave her test imony at the hearing?

No.

Were you ever asked if you had questions

/o r! (b)(6

!?

No. When Walter read the incident he just said we have significant evidence from one member . I
thought it wasfi§[l but then thought it was lw®J] because he got questioned and apparently said it
wasn't me, I didn' t do it, and tried to save my butt.

Did Walt ever question you, !(b)(6); (b)(7(C) Ias part of his investigation ?
No. Jus tl(b)(6);(b) I

Were you given the opportunity to question

l(b)(6); (b)(7(C)

!during the hearing?

No.

Did you hear anyth ing they said during the hearing?
No.

What our-comeare you looking for from us? Not to say we can do what you're asking for ....
I would like to go back in time and make changes to where in the process I would have asked more
questions, be more educated on the process. I wish I would have asked more questions in the
educational conference . I would like to be unexpelled but I'm not going back to Wesley either way.

 \

)

( l
•

What if they offered to reinvestigate and readjudicate . Would you be interested in that?
Yes. I want Wesley to know they jumped the gun . They ruined my reputation . Teachers, etc. knew I got
expelled for sexual misconduct. One big problem I had was!(b)(6)
; (b)(7(C)
~ hen she thought
we were putting all the blame onj(b)(6)
; !she heard that and I've never really been a part of rumors , but
when I heard that !(b)(6 was going around telling people it was everyone buyj(b)(6)
; !fault, we were all
surprised , We went to spring break. I was dating (b)(6); (b)(7(C)
I broke up with her, and started
l(b)(6)
; (b)(7(C)
(b)(6)
; (b)(7(C)
hated me an·d (b)(6); started spreading all kinds of
rumors about me. !(b)(6)k ould have been a huge influence on spreading the rumor. She was mad -!(b-)(-6)
--; <,..I
name got thrown into it .

!

I

What came first, the break up or the incident?
The break up .
"'The witness denied that he had any knowledge or involvement with the Go-Pro camera being used.

 WITN ESS LIST :
Complainant

(b)(6); (b)(7(C)

Student
Victim
Suspect l
Suspect2
Suspect 3
Student 4

Student 5
Student 6
Student 7
Judicial Board Member J
.JudicialBoard Member 2
Judicial Board Member 3
Reporting Professor
Dean of Students /Title IX Coordinator

Wanda Ande rson

!(b)(6); (b)(7(C)

!(b}(6); (b}(7(C)

Assistant Dean of Stude nts

Director of Security
!(b)(6); (b)(7(C)

College President

Me lissa Elliot
Walt Beaupre
!(b)(6); (b)(7(C)

!

William Johnston

 )

W esley College
OCR Do cket 03152329

Interviewee :
Interviewers:

!(b)(6);

! (male student)

Beth Gellman -Beer (Team Leader)

Amy Niedzalkoski (Tearn Attorney)
November 2, 2015

Date:
Location:
Oth ers presen t :

-- Witness was given Interviewee rights.
(b)(6); (b)(7(C)

Q . Did you file a complaint?

Yes. 1 asked the Dean personally to have a meeting and she was busy, so I talked t o Melissa. Melissa
helped me and talked to me about the out let s. She underst ands the barriers I've had to face.
talked to

!(b)(6); (b)(7(C)

Iand was also told

I also

that this would be a good

outlet.
Q. Did the School take your cornpla int?

They took the complaint. f spoke with three members on the Title IX committee . But they also suggested
I speak with you guys.

 Amy talked about Title IX and how it would appned lo dif'erent treatment and to the Student's
complaint.

How do you know to go to the Title IX committee?

am an rnyolved and very around the campus student, I know Not everybody does, They have a
prob/em, they go to securrty and securrty suggests where to go. frrends a memaer a/ the
and We got a good relatronship the dean and knew that she was an it. lkrlew where to

go.
Q. Can you tell us about the climate here&gt;

There needs to he more done dullng student orrentatron because students don't really ltnaw, The
that rs grven, no one [allows up rt. students percerye rt as a dumb ldnn'l
see us dorna enough very beneficlul thrnos that wauld help the student body aetause they aren't well

educated on rt l'nr tn the organr'zatron cal/ed -- and have gotten recently really
educated and have came to an o/ whar'; uk and what's not ak, and many many

students here luck that.
a What year are you

DXE) I saw how they were at fault, and I

understand the need [or secrecy out the [an that we've aeen so auret apout rt, and some 
disappeared and no one knew; what happened and rt reads to people not mm the srtuatlan

Has there been an Increase promotran on campus about Trtle lx rssues vla posters, etc?

res, we are 91.7an In the directran. Wanda does her yap very well and takes her jab
senausly. The new presrdent wha rs gung ha about every there ls. loll) a)



a. tmtel lm did you have any trarnrne, aaout your tor repomng sexual assault&gt;

We do srtuatrans but they weren't totally praductrye. had a problem haw (MU (bx was

run Mr (5 was galng to try to help

that, because the scenarios were done by peap/E not totally lrl/armed about the seventy

Df Sexual 11770"? We need to have neon/e

who are heayrly educated rn llke sexual and sexual equality, remember[
"845) (b)(7(C7

 

 

 

We sley College
OCR Docket 0315 2329

Inter viewee:
Int erviewe rs:

6
7
l<b
...
_l<_l ;_<b_l<_<c_) _

_,!(the Student)

Beth Gellman -Beer (Team Leader)
Amy Niedzalkoski (Team Attorney)

Date :

November 2, 2015

Locat ion:

Student Ce nter

Othe rs present:

The Interviewee was informed of rights re: FOIA and the P.rivacy Act

Q . How did the College learn about the incident?

No idea, they said they weren't allowed to tell me.
Q. How did you find out the College knew?

I was approached by the guy who harassed me, and he asked to meet with me, and he told me
everything ond said the school approached him and asked him about it.
Q , Did the school ever interview you?

Yes, I had to call them, I wen t to them.
Q. Becauseyou heard about it from them ?

He told me they spoke t o all of the boys and I thought why om I not being consulted. I wanted to know
what was going on.

!(b)(6); (b)(7(C)

!(b)(6); (b)(7(C)

IBut they

called me ond said the school knows . So I called the Dean and she coiled me back, and she told me t o
come in. I had a meeting with her and Walter at 5pm . They told me the staff member that reported it
but not the student s who reported it.
Q. Did they tell you why they wouldn't tell you?

No. They said they couldn ' t give out the information .
Q. Did they interview you?

 Yeah they asked me if I knew, what I wanted to do, how long I had known. I had known for 2 weeks at
that point. !(b)(5); (b)(?(C)

I

ff§IJ

Q. When they asked you what you wanted to do, did they tell you that it was optional for there to be a

hearing against these guys? Did you have any say in how it was handled?
No, they told me I could come to the hearing if I wanted to, but I didn't have to, but if I didn't, it would
still be held. They picked professors for the board. Theysaid I could come if I wanted, but I did go.
Q. What made you go?

!~P/~
~k,IHe wasn't involved, that 's my big problem .
Q . How do you know he wasn't involved?

I've been friends with him for a long time. The only thing he was involved in was I told him I thought ~

I He walked me up and then went to his girlfriend 's

!(b)(6); (b)(7(C)

house.
Q. Did you know the name of the four guys they were investigating prior to the hearing ?

Yes.

Q. When you had your interview, did you tell them your side of the story at t hat point, and that

I

!~~~~); (b) wasn't involved?
Yes,I told them that from the start .
Q. How did they respond?

They said he would be on trial anyway because his name was brought in by the guys.
Q. Did they share any of what they investigated with you?

They gave me a short summary. It read
!help. I said why

!(b)(6); (b)(7(C)

about a week after

!(b)(6); (b)(7

that !(b)(6);

is !(b)(6);

!admitted to videotaping me, along with

!(b)(6); (b)(7(C)

!involved, he wasn't there that n~ght. When I first found ovt,

l my friend ~

told me that they recorded me and a lot of people watched

it and I got really upset and I didn't know what to do, then I talked

to !~?!~~\

!since he's friends with them,

and I asked if there was a camera, and he said, what are you talking about. He said he didn't know bvt
he'd talk
!(b)(6);

/ told him I wonted to talk to !(b)(6); ! so later that night I went over that night, and
!tried to convince me nothing happened and I said that is BS, and I decided to drop it but two weeks
t o! (b)(6); <I

later I found out from the boys that school was investigating and they were upfront about what
happened.
internet. ~

!(b)(6);

!said he knew there was a camera, we were going

to

record you and put you on the

came in and said yeah he did that because we made a bet for pot. And ~

said yeah I gave him the camera. And
and couldn't believe it.

!(b)(6); (b)

came in and

Iwas just there with his head in his hands, he had no idea

 Q. When you talked to Dean Anderson and Beaupre. did they ask you if you needed anything from the

College, like counseling services, or ask you if you needed a no-contact order , any othe r type of services?

No. They didn't mention any of that to me but the school counselor reached out to me because she found
out what happened to me.
Q. How did the school counselor find out?

I'm not sure, she called me and said she knew there was on incident and would/ like to talk, so I talked to
her that day.
Q. What happened at the hearing? Were you there for the whole proceeding?

One or two Df them came in and said their thing,. I come in and did my thing, and then the othe.r two
come in and gave their testimony .
Q . Were any of the four in the room when you gave your testimony ?

No none of them were there .
Q. Did you find out how the hearing Wc!S resolved from the college?

Yes they emailed me.
Q. What did they tell you ?

They gave me the hearing report, the outcome of the hearing and it said all four of them were expelled.
~/~
~):Jno,ever since then I've
wasn't made that the three others Were expelled, they deserved it, but !~
been trying to help him out.
Q. Are they still near campus? Do you still see them?

DSUis across the stree t and they often- hong out there. There1s been no contact, but I hove seen them
from time to time and It makes me uncomfortable.
Q. Is there a no contact orde r in place?

There was between the time the school found out and the hearing, but after the hearing we could.
Q. Why do you think the other students implicated !(b)(6);(b) ~

They probably wanted to get every person in the house to go down, not just them. They told me after
the hearing that they never told !(b)(6); !what happened because they knew he would tell me because we
are so close, but at the hearing they said that he was involved.
Q . Was there anyone besides the four that was in the house?

Yes, one other but he wasn't around or anything.

 Q. Did you ever meet with Dean Ande rson on !(b)(6); (b)(7(C)

I

I told her that !\?!~~\ had nothing to do with it, I said he left the house, l<b)(6 ); (b)(?(C)
!gave him a
letter for his appeal. I told them how the other three boys said they didn't want to tell him because they
feared he would tell me . She said there-wasn't much she could do because it had to go through the
appeal process .
Q. Did the College tell you why it was proceeding with adjudication even if you didn't want to proceed?

I didn't want anything to do with the police, I didn't tell them I didn't want anything to do with the school
process. I told them whatever they had to do for the school process, they had to do.

 )
Wesley College
OCR Docket 03152329
!(b)(6)
; (b)(?(C)

Interviewee;

Beth Gellman-Beer (Team leader)

Interviewers:

Amy Nledzalkoski (Team Attorney)
Date:

November 4, 2015

Location:

Onsite

Others prese nt:

None

X

The Interviewee was informed of tights re: FOIA and the Privacy Act

The interviewee requested to meet with OCRduring our open -visit hours ...
!<b
_)(_6)_; <
_b_
)<?
_(c
_)______
l(b)(6);(b)(?(C)

I

The witness explained that she bas ..
l<_
b)_
(6_);_(b_)(_
7(_
C_
)
!(b)(6)
; (b)(7(C)

I

_.

-------------------....1

She offered the following observations of the disciplinary action that was brought against the Student ~
I feel it ' s unfair because he was with me that night. He never said anything about it until he got the
letter saying he was suspended.

He didn 't know he could bring me as a witness, if so I would have gone.

It didn't seem like something that was a big deal. How can you expel someone based on a rumor? The
process moved quickly , it didn ' t seem like there was enough time to investigate fully .
._!
<b
_)(_6)_; (_b)_(7_(c_)_____

.....
l that had a lot of parties, which probably annoyed a lot of people at the

school. The victim went to the school to tell her side 1 her mom went to the school to tell her side, I went
to the school. !(b)(6);(b)(7(C)

!at the house told us it would be fine , told us to write letters , we

all did that and it didn't help, !(b)(6);(b) ! still got expel led.
The administration
!(b)(6);(b)(7(C)

l

<b
_)(_6_
); _
(b_
)(7
_(c
_)_________________
has always been shitty . ._!

___.

Why didn ' d(b)(6); (bX!ask you to be a witness?
I don ' t think he knew I could go as a witness . He couldn ' t get the dean to respond to him, but she
responded to me when I asked to meet with her . She told me that she couldn't do anything, that I could
write a letter on his behalf. He didn't know what to do . The lady he ta lked to , all she kept saying was

 that you need to read the paper I gave you, all the info was there . It was me and him in my bedroom
when he called . He had the phone on speaker.

Do you think any of the guys in the house have a motivation to bring!(b)(6); (b)( !into it?
I think !(b)(6);

Iwas panicked and wanted others to share the heat with

him. He wasn' t nice to t hat girl.

l

The only thing !~~~~): (b) did was hook them up.

If there was no stream ing or videotaping , why do you think ;r got so blown out of proportion ?
I don't know.

Were peop le on earnpus talk ing about it?
Not really. After they got expelled people started hearing about ft, but not before .

 I

I

Wesley College
OCR Docket 03152329
Inte rview ee:
Interv iewers:

l(b)(6); (b)(7(C)

Beth Gellman -Beer (Team Leader)
Amy Niedzalkoski (Team Attorney)

Date:

November 3, 2015

Location:

Onsite

Others present :

None

X

The Interviewee was informed of rights re: FOIA and the Privacy Act

What is your job title and how long have you been in that position?
i(b)(6); (b)(7(C)

i

How long have you been with the College?
!(b)(6); (b)(7(C)

Were you hired as ,_!
(b_)(_6)_; (_b_
)(7_(C
_)____________

...J!
or dtd that evolve as part of your

pos;tion?
The current policy would have started with Dean Anderson when she came in 2014.
When were you assigned the Title IX duties at the College?
l(b)(6); (b)(7(C)

What are your job duties in your role as ._!
(b....
)(_6)_; (.;..
b....
)(7....
(C
_ )__________

~p

If anyone contacts me with a T9 question to bring that concern to the committee. If it's a complaint to
see if there's a need for an investigation , TO educate faculty/staff/students

about Title IX on campus.

We have meetings. Right now we are currently having all staff and faculty participate in a T9 training so
we worked together on that.
How are your duties set apart from the other Title IX Coordinators at the College?

Mine is anti-harassment , so anyone who feels they're being harassed or discriminated . Student conduct
usually comes in if something happens in the dorm or with students. Different areas have different
coordinators. Ex// HR, athletics, disabi lity support . We try to have key areas covered . Discrimination
can come to me too.

 )

Who is the H'Rone?
!(b)(6); (b)(7(C)

There's some overlap I assume between you and the student conduct since sexual assault faffs under
sexual harassment?

Depends on the problem/issue. IF someone came to me and said they were being
harassed/discriminated , I would bring that complaint to the committee, we' d look at it to see where it
falls under .
Who Is the central person who oversees aJ/ the T9 Coordinators?

Dean Anderson .
Any training?

We watched. two webinars and Wanda and Melissa have received training on investigations and such.
We have bi-weekly meetings where we talk about different issues and how they .should be handled. I
am schedule,d for training in the spring.
DO you play any role in investigations?

If it's in my area, Wanda determines who will investigate .
Have you done any investigations?

Not currently.
How are students informed of each !(b)(6); (b)(7(C)

land each of their different duties?

There are emails that go out informing that there 's a T9 policy, T9 Coordinators with all of our pictures
and contact info, the T9 policy is online, the T9 policy describes who we are.
When did the pamphlet with your photos come out?

Before the fall 2015 semester started .
Did you have a role in drafting the T9 policy?

Yes. I contacted the HR person who was here the summer of 2013-14. I contacted her . We looked at
the current policy we had and at making changes to the policy because I wanted to make sure we were
up to date . There was an attorney Scott Lewan ~nd he had a template of a policy we could use. We
looked at that to change the anti-harassment policy we had to a Title IX policy. Then Wanda was
changed to be the oversight T9 person and as a committee we looked at the policy and made comments
and it was sent to an attorney for review.
When was this?

Sumrner of 2013-2014.

When was it adopted?

 ,)
I believe in February 2015 .

What kind of resources did you look at?
Policies at other schools, HR looked at Department of Ed resources.

What's your understanding of the responsibility of faculty/staff for reporting?
They need to report it.

Are there any who don 't have that responsibility?
No.

I noticed in the T9 policy it refers to a quasi-confident ial reporting.
That's the chaplain . Besides that, anyone who's aware of a problem on campus should report.

Is there a difference between the T9 policy and the sexual misconduct po/fey in the handbook?
They should be the same. Once you tell someo.ne on campus that there's a problem, unless you' re lhe
chaplain or you've gone to the student health center or counseling, they're supposed to report it.

The T9 policy says most people fall in the middle of the two extremes {of mt,Jstreport vs. not report). Can
you tell us what is meant by that?
The witness said victims can go to the counselor or clergy.

Is there a different process for dealing with complaints against faculty? Or does the T9 policy apply when
on employee is involved?
When an employee is involved, HR does an investigation and then the committee looks at it as well.

What about when you are advised of on incident but the victim doesn't wont to go forward with an
investigation/process?
The college has to investig ate and determine if it's a risk for the safety of others.

Have you been involved where the victim doesn't want to proceed?
No.

Do you hove any questions for us?
No.

 Wesley College
OCR Docket 03152329

Interviewee:

!(b)(6) ; (b)(7(C)

Interviewers :

Beth Gellman-Beer (Team Leader)
Amy Niedzalkoski, (Team Attorney)

Date:

November 3, 2015

Location:

Onsite

Others present :

Molly DiBiance, Esq., Counsel for College

X

FOIA/Privacy Act notifications were given

What is your title?
!(b)(6) ; (b)(7(C)

How long?
l(b)(6) ; (b)(7 (C)

How long have you been a hearing board member?
l<b)(6); (b)(7

I

How were you chosen?

They asked for volunteers . They sent it out to directors.
You serve for all types of misconduct?
Frankly I don't know. I got training . I think I can do hearings and appeals. I've done one appeal and a

bunch of conduct boards.
For sexual misconduct only or all kinds of cases?

All kinds of r;:ases.
What kind of training have you received?

A lawyer came in and walked us through, answered our questions.
When was it?

I don't know. Probably a year or two .

 (

)

Generally what did the training address?
The process. I don't recall what else, but I remember it was comprehensive and we were able to follow
up with the tra iner.

Do you recall if you 've had training specific to Title IX/sexual assault?
Yes. That training included it.

Are you fam iliar w ith the College's Title IX policies/procedures ?
Yes. They sent them out. I've been involved in a few Title IX cases and the policies were explained to us
before the hearing.

Do you know when you first got a copy of the pollcy ?
No. Overtim e.

Is there a difference between the Title IX policy the board follows and the one in the student handbook?
I don't know .

What's your understanding of the College's obligation to honor a victim's request to not proceed?
We're obligated to go forward.

What 's your understanding of what being a responsible employee entails .
Treats all co-workers , subordi nates wit h respect. Don' t allow any nonsense, even innuendo or j okes.

What if a student comes to you or you overhear of on incident of sexual harassment/assault.

What

would you do?
I will let Wanda' s team know . When it comes to vulgarity, I'm the old fogey and tell students to watch
their language.

What if a student reports to you?
I have to report it .

How did you learn that?
Through train ing. Wanda sends out reminders.

Have you received additional training as a faculty/staff member?
Yes. WE received Info and I had to acknowledge I read it .

Are there any resources for students to confidentially report?
The counselor .

Does the College still permit students to be on sexual misconduct panels ?
I don' t know . I had a student on the panel with me in the past.

 )

l(b)(6); (b)(7(C)

Do recall his hear! ng?

Vaguely .
How dfd you learn of the incident?

When I was asked to be on the panel.
What info were you given?
Melissa Elliot meets, sets us up with the background and nature of the allegations .
Are you given documents?
Yes. The incident report and other documents. I remember this one was very involved. There· were lots

of people, lots of statements, lots of contrad1ctions .
How for in advance did you get the information?

The day of the hearing . We weren ' t rushed.
Does the panel discuss the evidence before the heorfng?
Not really. We read it/digest it on our own , maintain our own level of objectivity. There Isn't a lot of

"group th ink." We all stand on our own interpretation of the facts.
When you met with Melissa prior to the hearing, was Walter Beaupre there as well?

I forget .
We went through the information first and then the process.
So you have this pre-hearing meeting with Mel issa. Then once the hearing starts , who speaks first?
I think

the young men came in and spoke .

Were they presented with the evidence ?
I think.

Was that before they spoke?
I think , but I'm not sure.

Was each male given a separate time period during the hearing?

They all came in together and then were brought in separately .
Di d you have any say in what witnesses were there ?

No.

 l )

I )

What standard of evidence does the panel use? How do you measure the evidence? Ex// preponderance
of the evidence? Clear and convincing?
We use our intellectual thinking . Does the story add up? We angst over it.
Are you given guidelines about the kind of questions you can and cannot ask?

Yes. Information about what's appropriate and not appropriate. Here we were shown the Title IX
compatible civi lian charges that were applicable .
Did it appearl(b)(6);

(b)(

!was taking the hearing seriously?

That's a hard one to judge. Young people sometimes you don't know if someone is serious or not. I' d
rather not speculate.
Con you walk me through why you fel t!(b)(6); (b)

Iwas guilty of the charge presented?

I'm vague on the issue. There was the issue of planning the event.
How did you determine he was involved in the planning?
Peer testimony. I think his name was !(b)(6); (b)(7(C)

IHe was pretty specific about who was

involved, how, etc .
Was !(b)(6); (b) !present when!(b)(6); (b !named him?
No .

I

Was!(b)(6); (b) informed tha t! (b)(6); < ! named him?
I don ' t recall. One told the other what the young lady offered, then the idea of getting the camera. It
was clear that all of these young men were involved in the plotting and planning .
Who else testified?

The young lady (victtm)
Do you recall her testimony?

She said these were her friends and all that kind of stuff .
What weight did you give her testimony?
I don ' t reca11.!(b)(5); (b)(?(C)
!(b)(6); (b)(7(C)
!(b)(6); (b)(7(C)

We understand the College has a zero tolerance policy for sexual misconduct?

It means if it's discovered we ' ll address It.
Are there other kinds of conduct the College has zero tolerance for ?

Violence certainly .

 Is there a different process for faculty harassment at a student?
1 don't know.

Wesley College
OCR Docket 03152329
Interviewee:
Inte rviewer s:

l(b)(6); (b)(7(C)

Beth Gellman-Beer (Team Leader)
Amy Niedzalkoski (Team Attorney)

Date:

November 4, 2015

lo cation:

Onsite

Others present :

Molly DiBianca, Esq., Counsel for Wesley College

X

The Interviewee was informed of rights re: FOIA and the Privacy Act

What is your job title and ho w long have you been in that position?
!(b)(6); (b)(7(C)

How fang hove you been with the College?
!(b)(6); (b)(7(C)

We understand that you are one of the Judicial Board Hearing members , correct?

Yes.
How long hove you served that position?
!(b)(6); (bX

i

How were you picked for this position?

There w as a call for volunteers and l vol unteered.
Do you only serve on panels dealing with incidents of sexual misconduct?

No. Any type.
About how many sexual misconduct panels have you served on?

2 or 3 .
What kind of training did you receive regarding Tit le IX in your role as a Judicial Board Hearing member?

There was a wor kshop get togethe r with othe r panel members and people from studen t life. We had
gotten a booklet before hand. They wen t thro ugh how the process wo rks.
When was that training?

 l)

About 4 years ago,
During that training did you get any information about Title IX/sexva/ misconduct cases?
I think

so.

Do you remember what it addressed?

No.
Are you fomi/iar with the College' s Title JXpolicy?

Yes.
Do you refer to it when you're adjudicating these cases?

Yes.
What's your understanding of how the College is supposed to respond even when the victim asks not to
participate or for the case to be adjudicated?

My understanding is that we have to pursue it anyway even if they don't want to .
If a student reports to you that she was sexually assaulted, what is your responsib ility?

I have to report it to Dean Anderson or a,couple of others.
Is there a different reporting procedure for reports against students as opposed to against a faculty
member?

Yes. For that I'd go to a dean or HR.
How did you learn what you're supposed to do if y.ou receive a report?

We get emails and documents . It usually comes via emall.
Outside of hearing panel duties, have you received any training about how to respond to sexual
harassment?
Yes. We were given materials online and had to take a quiz.
When was that?

A couple of weeks ago.
You mentioned you have to report reports of sexual assault. Are there any employees who wouldn't
have to report it? Such as counseling, nursing services?

Not that I know of .
Are you famfliar

wit h! (b)(6); (b)(7(C)

p

Fromthe case, but I didn't know him beforehand .

 ( )

(

You recall the incident and serving on the panel ?

Yes.
How did you become aware?

Had to be an emai l asking me to serve on the panel.
,Walk me through the process once you said " Yes,I can serve.''

I don't remember really, but I can piece together what probably happened . I probably got an email
asking if I was available, I said yes, I got as51gnedto the panel. I showed up.
DO you receive information/documentation

prior to the hearing?

Yes. I don't know if that came in the email with the date/time of t he hearing, but when we get to the
hearing, we get documents beforehand .
What kind of documents?

I th ink there's more than one. One migh t be an incident report . One might h,we the security person's
report. Things like that.
Are you aware of whether the accused students get the same documentary evidence before the hearing?

I think they are, but I don' t know why I think that.
Is there any kind of pre hearing with the panel members?

We show up. The only time we're together is the day of the hearing . Melissa Elliot te lls us background,
asks us if we have quest ions.
Do you recall on what basis the board made its determination in this case? Was there any evidence that
was compelling?
I remember there were texts . We spoke to the students involved. There were inconsiste ncies in what

they said.
Were they all together?
There were times they were all in the room and times when they weren't all in the room . We separate

the victims and the accused students. I' m trying to think if we questioned the males togethe r or
separately.
Do you reco

J/!(b)(6); (b)(7(

t:temeanor 1

I can't even picture hicn.
Do you recall him saying the hearing wasn' t a big deal?

I don't remembe r.
Do you remember him saying he didn ' t know he could bring witnesses ?

 No.

Do you recall what the victim said?
Yes. !(b)(6); (b)(7(C)
!(b)(6); (b)(7(C)

What kind of weight did you give to her testimony?

rX6)
;

(bX7(C)

What standard of proof do you use?
Sometimes there is evidence like a video, but usually there ' s not that kind of evidence. Usually we look
at what makes sense, what is consistent/inco nsistent. We use a combination of evidence and common
sense and do we believe what they're saying.

Was there anything or different about the process that was used in this hear ing?
No. These things are pretty regulated. This didn't deviate.

We noticed the College has p zero tolerance po/fey about sexual misconduct. Do you know what the
College means by that? For example, does sexual misconduct always call for expulsion or does "zero
tolerance " in this context mean something else?
I can tell you that I don't know 100%, but what I can tell you that when we were considering the
sanction that wasn't our mindset. We gave some thought to what the sanction should be. It would have
been a quicker process if expulsion was t he only choice.

 W esley College
OCR Docket 03152329
Inter view ee:

Walt Beaupre, Director of Public Safety and Security

Interv iewers:

.Beth Gellman-Beer (Team Leader)
Amy Niedzalkoski (Team Attorney)

Date:

November 4, 1015

Location :

Onsite

Other s present :

Molly DiB1anca,Esq., Counsel for Wesley College

X

The Interviewee was informed of r ights re: FOIA and t he Privacy Act

What is your job title and how long have you been in that position?
Director for Safety and Security

How long hove you been with the College?
9 years

What is yout role with respect to Title IX?
Typically if the security office receives a T9 complaint, I would conduct an initia l invest igation. I may also
receive info from t he Dean and ask me to take a look at it and contact certain students. My office is also
responsible for docume nting what's reported to us in the security blotter and do an incident report.

When you're conduct one of these investigations, how do you decide the scope such as who you are
going to interview?
I' m not the complete source. I typ ically interview the victim and witnesses as well and depending on the
situation maybe but not always the referred student. I try to put the facts toget her into the report. I
send the report to the Dean and Melissa in her role as campus judicial offieer . They take and review the
info in my report and make a determination as to the next step. Typically things that are serious, if we
receive an initial compla int, I talk to the dean and she determines if an interim suspension is warranted .
If so, she calls the student in and I'm the re too and t hen one of t he security staff escorts the st udent
back to their residence hall room.

Is the student during that interim suspension meeting does the student have a chance to defend himself?
Not at that t ime. The investigation is still ongoing. The dean just explains the charges to them and gives
them instructions to contact Melissa to set up t he next phase which ls the educational conference . The
conference is usually a one-on-one . Bu ttime she does an educational confe rence ,my report is done
and sent to Melissa. l'm not part of the conference. I just provide my report to her . At that point the

 (

)

)

student accepts responsiblitiy or does not. If not, the case is brought before the board. Typically at that
hearlng , I represent the case on behalf of the college .

You said that sometimes but not always, why wouldn't you?
There might be times where there's not enough information. Typically either t he educational
conference or the judicial hearing fs the referred student's opportunity to be heard.

What about giving the referred student the chance to present evidence as part of the investigation ?
Here the process is that their opportunity to do that is at the hearing. They are also advised ff they have
evidence or witnesses they should bring it to the hearing .

So their chance to defend themselves is at the hearing. So at what stage are they given the evidence
you're collected against them so they can defend against it?
At the hearing.

How con they know what to bring to the hearing if they don 't know the evidence against them until the
hearing?
That's

a valid point. What I do is I take my report and read it at the hearing and the accused students

gets to hear it then, but you're right . The first time they hear what's in the report is at the hearing.

You said this fs the college's practice. Is this how the process has always been?
I've always understood that's how the process works.

What experience, background , and training hove you had re: conducting sexual assault investigations?
I was military law enforcement for 20 years, military law enforcement school, and I was the director of
safety and secudty at another college

Have you had any T9 training since you've been at Wesley?
No.

Are you familiar with the T9 policy ?
Yes.

Did you have a port in drafting or revising It?
At the time the HR director and the Dean of students were working on it and my department helped

them wfth it.

!when a victim does come to you~ do you hove a
pamphlet or info you provide to that victim about services that are available to him/her?

!(b)(6) ; (b)(7(C)

I don't recall ever handing out a pamphlet, but we provide direction to those resources. I also ·reach oul
to the director of counseling and ask her to reach out to the student if the student has not done so.

 )

(

I

}

Con you talk to me about your relationship with local law enforcement and when you would refer a case
to low enforcement?
We have an outstanding relationship with local law enforcement.

I can call them anytime and speak

w ith them . If I have questions on something I can reach out to the chief or lieutenant.

If a situation

occurs on campus, if we need to we contact the police/call 911 and the police will respond immedfately.

so I
reached out to the patrol commander to get info even though it wasn' t related to the college so I could

For example, there was a report of shots fired yesterday within a block or two of the campus

get information . We want to make sure our students are safe. My staff knows that too . IF they feel
they need the police to assist they wi ll contact the police .

Do you t ell victims they con also file with the police?
Yes.

Do you ever toke it upon yourself to refer a sexual assault to the police?
Typically we leave it up to the victim .

Are there any scenarios where you have to report it to the police?
Not absolut ely, but there might be a scenario where we have to call 911 to respond right away
Typically situations are reported to us after the fact.

There's a T9 committee that meets. Are you port of it?
Yes. There are certain individuals on the committee where students can reach out to them. I am not
one of them. Typically the committee reaches out to me and asks me to conduct an investigation .

Are there other staff members in safety and security that conduct investigations or is it always you?
Usually me, but if something comes ln at 11 pm tonight and I'm not here , one of the others will do it and
I may follow up ,

What kind of training does your staff have?
They have a broad spectrum of experience ... retired military polic.e, retired police officer, former
correctional officers.

What if a victim comes to you and says I'm reporting an incident but I don't want you to investigate or
adjudicate?
I'd talk to Dean Anderson about it. I believe we are still obligated to conduct an investigation and at
least report it in our annual crime report to the Department of Ed.

Who makes the decision to honor that request or not?
Dean of students. She'd probably ta lk to president as well.
!(b)(6); (b)(7(C)
'-!
(b_)(_6)_; (_b)_(7_(C
_)_

__.!
Dean and l sat down with

the victim . She gave us in formation I believe was helpfu.l.

 l
'

)

Did you get the impression that she didn't want to proceed with an investigation?
I don't recall that. The victim in this case told the Dean and me that it was consensual sex but that she
never consented to the video and only found out about it days late r. She was upset. She felt that one of
the students involved she considered him a best friend , I won't say that she was uncooperative.

How did you learn of the incident?
!(b)(6) ; (b)(7(C)
Ireached out to me.
What happened next ?
The professor didn ' t tell me who told her . She told me two female students came to her. They then
came to me.

In the report they 're llsted as "anonymous .'' Why?
They didn't want to reveal their names and that's something that I do honor.

l(b)(6) ; (b)(7(C)

(b)(6); (b)(7(C)

What about the anonymous male student?
The two female students didn ' t have any direct knowledge .

How did they learn of the incident?
I think it was rumo rs on campus. They didn't have a relationship with the victim . They heard about it
and provided me w ith the name of the male student.

Was the male student the source of the info?
I believe so.

And the male student asked to remain anonymous?
Yes.

You were at the hearing and read the report, were you present when each male student gave their
testimony?
Yes.

Were they given the chance to question you about the report ?

I

 . .)
Yes.
Did they question you ?

I don't recall if any of them did.
Were you present when the victim spoke?

Yes.
Was there anything remarkable about what she said?

I don't recall anything remarkab le.
Anything about her demeanor?

I don't recall. I couldn't sit here and tell you about how many ju.dicial hearing unfortunately we have.
About 99% of them I' m the one presenting the case on behalf of the college. To start off the hearing,
the chair swears everyone in and the hearing starts with tne reading my report so I' m there throughout
the entire hearing except when the hearing board is discussing the case and making a determination
about whether the student or stu dents is responsible, and if so, what those sanctions will be. At the
conclusion of the hearing, when everyone has had an opportunity to be heard and the hearing is over, I
leave, as do the referred students .
Do you recall at any point during th e hearing whethe r!~~~~};(b) !said he didn ' t bring witnesses because he
didn' t think it was a big deal. ?

There were four referred student. I recall somethings that were said, but not that.
Do you hove any questions for us?

Keeping a student's information anonymou -s. I know clergy/counselor can, but can you tell me whether
or not I'm obligated to divulge a name. I believe If a student comes to me in confi dence, I'm going to do
the best I can to do that . Beth said you ' re a responsible employee so you have to report a student's
name

I

When I spoke with !(b) (6); (b the info he gave me was the same. info as the anonymous student. With T9,
students are very reluctant to come and report .

 )

(

)

We sley College
OCR Docket 03 152329
Int erviewee:

Interviewers:

!(b)(6) ; (b)(7(C)

Beth Gellman-Beer (Team Leader)
Amy Niedzalkosk1 (Team Attorney)

Date:

November 4, 2015

Locatio n:

Onsite

Ot hers present:

Molly DiBianca, Esq.1 Counsel for Wesley College

X

The Interviewee was i nformed of rights re: FOIA and the Privacy Act

What is your job title and how long have you been in that position ?
!(b)(6) ; (b)(7(C)

!

How long have you been with the College?
l<b)(6) ; (b)(7

I

What's your general impression of campus climate re: sexual assault/harassment?
I think it' s taken seriously. There' s an ongoing effort officially by college ent it ies to educate students ,
but even some of the student organizations do projects, events, speakers related to sexual assault.
Hove you received Title IX training?
Yes.
When?
Recently and in the time I've been here I' ve taken it ohline .
What 's your understanding of your obligation to report?
I'm obligated to report al l sexual harassment/assault ; even if I' m on the fence about whether it rises to
the level, of a violation.
How did yol.( become aware of your responsibility to report?
I' ve always known it since I started teaching .
Who is the College' s Title IX Coordinator?
Dean Anderson and previously !(b)(6) ; (b)(7 (C)

 Are you aware of the College's Title IX procedures?

Generally yes. They are on the college's website and on the internal assessment software.
We understand that on ~

you reported an incident. To whom did you report?

When I found out, I talked to the student s who told me and told th em I had to report it . I told them I
can talk to counseling, security, or the dean of students and in talking to them , they expressed a
preference for me to go to J<b)(6);(b)(7(C)

! 1went to her and suggested that the incident be

reported to the Director of Safety and Security.
How was the Incident brought to your attention?

Two students came to me and explained what they had heard had happened over the weekend and
; (b){7
they didn't know best what to do with t he information . In addition to being a faculty member (b)(6}
!(b)(6)
; (b)(7
(C)

!and I interact with a lot of students.

What did they tell you?

They said a freshman had been setup to be videotaped having sex and there was a bet on it for a bag of
marijuana that if the one student was able to complete it, and video tape it and stream it to the others
and it happened ad(b}{6); (b)(7(C)

I

How did they find out about it?

Just generally being aroun d and being at parties c1ndhearing about it.
So they didn ' t witness

it themselves?

No
What is their relationship with the victim?

They knew of her but didn't know her personally .
In the incident report they ore designated as anonymous, why is that?

They didn' t want to be directly involv ed, it 's a small campus, they wanted to bring attention to it, but
they feared retribution.
So you weren 't required as port of your reporting obligation to provide their names to security?
I didn't think I needed to give their names since they weren't directly involved and it was third party

hearsay.
Were you a participant in the hearing?

Yes.
In what capacity?

I was called to explain how I found out, what 1, heard and the timeframe.

 (

)

Who was present when you testified?
The Director of Safety and Security and the three panel members.

Were any of the accused students there?
Not in the room . They were out in the lobby .

Were they given the opportunity to question you at all?
No

( )

 W esley College
OCR Docket 03152329

1nte rviewee:
Interv iewers:

l(b)(6) ; (b)(7(C)

Beth Gellman-Beer {Team Leader)
Amy Niedzalkoski {Team Attorney)

Date:

November 3, 2015

l ocation:

Onsite

Other s present :

Mo'lly DiBianca, Esq., Counsel for Wesley College

X

The Interviewee was informed of rights re: FOIA and the Privacy Act

What is your job title and how long hove you been in that position?

I

l(b)(6) ; (b)(7(C)

How long have you been with the College?
!(b)(6) ; (b)(7

!

We understand that you ore one of the Judicial Board Hearing members, correct?

Yes
How long Have you served that position ?
l(b)(6 ); (b)(7(C)

I

How were you picked for this position?

We went to an info rmation session. At the time , Wanda wasn' t here. They had a big room of people
who were interested. Someone from the state of Delaware talke d to us about procedures. That was it.
When we get notifi cation of a hearing, you reply back.
Do you serve for sexual misconduct and other kinds of cases?

Yes. I don't have records of hearings because of confidentiality but I th fnk that was my first.

Before!<b)(6);(b)(7 !hearing,had you servedon any other panels?
Maybe one or two others .
Any other training s?

No. Just the one above. They alway s said we' d have more training, but

we haven't.

 During that training a few years ago, do you recall if you hod any training specific to sexual
horassment/misconduct?
Maybe to be sensitive, make sure you don't hurt anyone else's feelings, try to put yourself in that
situation. To me it was a sensitive issu~, it's delicate.

Are you aware of the College's policy addressing sexual harassment/misconduct ?
Yes. From the handbook and the Title IX policy. I think we were supposed to go to TItie IX training .
Money might have held us back from everyone being sent. On any type of hearing, I usual ly jl!St read the
handbook and took it w ith me and followed our guidelines.

The handbook that you referenced, that was the policy you follo wed in

!~~(b)(7 !case as well.
(6);

1

Yes.

What is your understanding of what you need to do if someone reports sexual misconduct to you?
Go to HR. Right now we ' re using an outside firm

l~~/~
~t,, I

Forfaculty and student incidents?
Yes.

What 's your understanding of the college's obligatiof.'Jto honor student's request for confidentiality?
You have to go forward as an institution .

What fs the victim's role at that point?
I' m not at that level. f'm only involved when someone reports it to me, after that , once I report it to HR,
it's out of my hands, so that I don't know.

Is there anyone on staff at the college who is considered a confidential resource?
Not to my knowledge .

We talked about how you would report to HRif you learned of an inciden t, how did you learn of this
obligation?
I have to tell you, only because of t::!
<b:.:,:
l<::;
6).;:.:
<:.:
bl.:.:.
<7.:.:
<C:.:.
l ________________

I

___,

l(b)(6); (b)(7(C) so I just knew What my role was an employee. Title means nothing, you just have an
obligation as a concerned person . To me it was common knowledge.

Have you had any training that spoke to your obligations to report at the College?
Training, no.

Memos?

 )

)

We receive emails on a regular basis on what our oblig~ltions are. It's always mentioned at staff
meetings or large group meetings with the college .
Do you believe most employees at the college are aware of their reporting obligations?

In my opinion, yes.
ls there any other kind of misconduct yo1.1are required to report , like academic dishonesty?

Yes, anything you see anyone doing anything inappropriate , it is a reportable incident.
Are yo1.1
familiar

with !(b)(6); (b)(7(

Iand the underlying incident?

I' m familiar with !~~,(6)
; (b)(7 !and I know what happened.
How did you learn about it?

The day of the hearing.
Were you called to be a panel member before that?

No, I received the usual email from Melissa, I responded I was available . The morning of the hearing,
you receive your paperwork when you walk in the room . You receive an email telling you there is a
hearing and asking if you are available for a hearing in a few days.
When did you get the materials for the hearing?

The day of the hearing. We all gather I'd say 10 minutes beforehand, whomever ,is selected, we are
given the material, and usually Melissa or Wanda give ,usa verbal briefing.
Is that a summary of the facts, or does it go into detail?

It never goes into a lot of detail. We are just told this is what the situation is, it's very sensitive, and we
are told to read the material. It' s an open forum . We had to be very sensitive when the people came in.
What kind of materials were you given?

What we were given was a brief description of the incident. Walt i"Sin there, he comes in with his police
report, or whatever report, just telling us what had taken place on both sides.
You were the chair of that hearing panel?

I don't know, was I?
The record indicates you were. What does the chair do, what is their responsibility?

Basically the paperwork that no one else wants to do, and I swear them in, explain their rights ,and make
sure they understand it, and any other witnesses have to be sworn in too by the chair .

J introduce

the

 panel to them, and there is an outline of how it _happens. There is a, you have a right to ask questions,
there is a sheet you follow. And then you are rersponsible with filltng out the form and submitting it.

The Title IX policy states there is a non -voting choir, and three other members. In this case, Melissa was
the non-voting panel member?
Correct, she keeps the recording, and if there is a question, she will stop the hearing and address it

..

Were the porties'given the opportunity to review materials before the hearing?
I don't know

Do you know if accused students In general, what is the process 1 do they have an opportun ity before the
hearing, or is the presence at the hearing the first time they receive the evidence against them?
When they come in, that is their time to give their version of the story . They are told what the charges
are against them, and if they have anything to present, they do . Usually any evidence, Walt 's
department has that . We never receive anything before the hearing . Walt submits it as evidence dur ing
the hearing.

The Title IX Polley states that the chair can decide that certain witnesses don't need to be present at the
hearing and it can be summarized with an affidavit - did that happen here?
Not that I know, there were some cases where someone would bring in a statement and it would be
read, but I don't remember in this situation.

Are there certain circumstances in which it would lend itself ta a Witness submitting an affidavit rather
than come in?
I don' t think that was the situation. The gentlemen that sat in front of me were very stfaightforward, to
the point , and told their story.

During the hearing, do you know if !{b){6); {b) Iwas informed of all the evidence against him, including the
anonymous female students and anonymous male student who said he was involved?
I

don't know .

Oid i{b)(6); (b)(7(C)

!so ~ (b)(6); (bX

Iwas involved?

At the hearing, because I don't believe, it was such a unique case, I truly believe that no, none of them 1

individually they tried to dime on one another but as a whole none of them indicated the other .

Did they testify individually?
Yes.

Was any of them informed of what the others said about them, especially if it was incriminating
information against them?

 '
No.

I

Do you thfnk !(b)(6);(b) understood this was a hearing?
They

all knew what they we re there for.

Did he express concern that he didn't know he was supposed to bring witnesses?
No .

Did he ever said he didn 't bring witnesses because he didn't think it was a big deal ?
No, I do recall a girlfriend or something wasn't there because of !(b)(6); (b)(7(C)

!but otherwise no.

What did the victim have to soy at the hearing as far as her displeasure with the incident, whether she
wanted to part~cipate in the hearing, etc.
!(b)(6); (b)(7(C)

l to be candid with you.

(b)(6); (b)(7(C)

(b)(6)
; (b){7(C)
l(b)(6); (b)(7(C)
l(b)(6)
; (b)(7(C)

What weight did the panel give to her testimony?
l(bX6)
; (bX7(C)

Did she show more favoritism to !(b)(6);(b) Ior more angry at one of the other boys?
l{b){6); {b){7(C)

Was she compelled to come in or was it by choice?
I don't know , I don't know ho w that went down .

How are witnesses called to a hearing generally, are they requ1red to attend generally?
Not that I understand, it's by choice.

Was there anything vnique about the handling of this case compared other cases you 've sot on ?
No. I speak for myself as being a part of the commit t ee. It educates you more , and it ' s somethi ng that
he lps you understand. No I do n't . I take the m very seriously. I take the evidence very seriously and the
person's feelings very seriously . I have no tolerance but you have to look at it under the law. i don't feel
I treat any case differently.

 I

I

Did the college handle this complaint or hearing differently than other case? Was it quicker, were you
given more or fess information, any irregular procedures?

No, it's the same procedure for all cases. The procedures call for not receiving documents in advance
due to confidentiality and privacy has always been the same.
What standard of proof does the board employ for making a decision? Is there a standard you are told to
measure t/:le evidence against?

We go strictly by the book. We pull out the handbook. You look at all the evidence . There have been
situations when I ask Walt to leave the documents so we can review it more, or situations where we
needed to sleep on it overnight. I do think , this is one thing I do agree with, in every hearing we tell
them that they will receive information about it o.ne way or another within X hours, because it's not fair
to leave them hanging. Procedures are all the same. What we are looking at is the evidence but going
by the guidance in the handbook .
What role do you hove in deciding the sanction ?

We decide the sanction . We use the handbook and we have a list that Melissa gives us.
How did the Board arrive at the sanction in this particular case? Was expulsion the only ovai/oble
sanction?

Yes, because of the severity of what happened.
What is the zero tolerance policy and what does it mean? Is the only sanction for sexual misconduct
expulsion?

In this particular case, yes.
What evidence formed the basis for the board determining he was guilty?

The best of my knowledge, I'll just have to te ll you it was based on the fact that it was a setup. The
camera was there, the luring was there. There was text messages.
Where did the evidence come from?

It was from them.
Is there any oth er type of misconduct on campus for which there is zero tolerance?

I believe that there are other types of misconduct in the handbook , like rape and misconduct towards
faculty . Handguns, of course.

 Wesley College
OCR Docket 03152 329
Int ervie wee:

Wanda Ander son, Dean of Students

Int erviewers:

Beth Gellman ~Beer (Team Leader)
Arny Nledzalkoski (Team Attorney)

Date:

November 4, 2015

Locat ion:

Onsite

Others present :

Molly om ranca, Esq., Counsel for College

X

The Interviewee was informed of rights re: FOIA and the Privacy Act

What is your Job title and how Jong have you been in that position?

Dean of Students
How long have you been with the College?

June 2013
Title IX Coordinator
Were you hired as the Title IX Campus Site Coor dinator, or did that evolve as part of your position ?

I created that role . Coming in and seeing the huge gulph, we had nothing ; I said we have to get
something started. I met with the t rustees and president and said we need something concreate .
Did the College have a T9C when you came?

No. We had i{b)(6); i but she said I work with T9, but I don't have a lot of training or support . She was
under the assumption I would help her and .1said let's bring a team together .
When did you start that?

I began by working with the CROand trust ees to tell them how important th is is and to get funding
shifting . Next I wo rked with HR to establish a T9 policy and bring on a team/the committee. We started
with the policy, did research (the DCL),looked at who needs to be t rained, how does it fit into ou r
student conduct policy, etc . We don't have an EEOofficer ... there were gaps that we needed to fill.
When was the team created?

 { )

( )

January 2014

When was the T9 policy ddopted?
It was completed in March 2014. We then had revisions/addendums. Tradition is a hard thing to break
so trying to get us from one level to anot her took time . We had to work to get the faculty to agree to
pulling out the grievance, that if it was a T9 issue, it would be handled outside of t he grievance policy.
Prior to the adoption of the T9 policy, there were two tracks: a faculty track and a student tra ck. But the
policy adopted in Spring 2015 applies to student/student, faculty/student , and faculty/faculty?
Correct.

Does the some person process/investigate/adjudicate

for all of those cases?

No. Same policy, but the cases are handled by different people . We do convene a hearing board for
both though . One is a student conduct board that was trained by i(b)(6); (b)(7( Iln 2012 who was our
!(b)(6); (b)(7(C)

lon student

affairs issues. He also works with !(b)(6); <I For our faculty and staff, those

guidelines are worked in com bination with myself and the VP. It's comprised of faculty/staff and we say
out of these 8 people in the pool, three will hear it.

Who would be the central coordinator for receiving complaints involving faculty?
It all comes to me, but we recently hired a T9 person that started in October . It comes to me, I tell the
academic affairs VP that we have a case and we need to comprise a committee, I'd then let HR know,
and turn it over. We haven't had any faculty cases yet .

What is !(b)(6); <!role in HR?
She deals with staff issues . . • sexual harassment, discrimination, anything pertaining to a student/staff,
staff/staff , or faculty/staff .

Does !(b)(6); Viove a T9. role?
Yes. She sits on the T9 Committee and we often discuss her in the hostile workplace role .

Does she have a role in (]djudicoting?
No. Our only investigator has been the chief of security.

Have you had any faculty/faculty or faculty/student incidents?
Not to my knowledge, but it might be not to my knowledge. Individuals stil l.exist in their own rhythm
that they have t raditionally so maybe something happened that hasn' t been shared with me.

What efforts have you made to get the word out that incidents should be reported to you?
Faculty training where I presented wlth !(b)(6); (b)(7(C)

l They were mandatory

1

in person trainings for

full time, but not all adjuncts . We also instructed they could bring it to others who would bring it to me.
I also sent emails campus wide to let them know who we are, what T9 is, what our position is re: zero

 tolerance. That went out in August. I attended small group sessions at the beginning of the school year
with academic support departments .

What efforts have you made to get students up to speed?
We started with the students . We started that last year through email, flyers, and workshops that were
voluntary . This year we rolled out mandatory. We have 52% retention rate. We have a lot of first year
students and we started with them and it was mandatory. We did it with upper class students and
athletes too .

What areas did the training address?
By stander reporting, what constitutes sexual misconduct, domestic violence, how to find out more
about T9, our website, consent , and how to report and who the coordinators are.

When did the T9 policy get implemented?
It went out in email in March 2015. My request to get it online was a challenge. There was an
explanation of it, but not the full policy .

What was the campus response to gettfng a new policy?
Students were not on board. I was called into meeting with student groups to justify lt. Students felt it
would cause a lot of false reporting, that we were stirring the pot and creating chaos. I got questions
from faculty in August 2015 when I was doing the training for employees . They were stuck on the
responsible employee piece. One faculty membe r wanted to know if it was the law and I explained it
was a consdentious approach and a way to have integrity in your approach . I didn't know at the tim e
that it was the law. We just started the responsible employee part of the training and already 60% have
completed .

You had mentioned there were issues getting the policy on the website. When did it go online?
I don' t know. Having one president with one agenda and then switching to a new president , there were

some hiccups, about how are we going to commi t to th ts publicly? There was· some apprehension .

What position were you in before you came to the college?
Director of retention and academic support and a dean.
What kind of T9 training experience did you have before you come here?
(b)(6); (b)(7(C)

When did you get certified as a T9 Coordinator?

 (1
In May 2015 by (b)(6)
; (b)(?(C)
Any other T9 training?
No. Self-taught.
What are your duties as Central Coordinator as opposed to the other deputies?
Our duties are the same·in that we all h;:ive knowledge . I don 1t investig~te. Our conduct policy prohibits
me and the president from being involved in the process and the appellate process. My ultimate goal rs
to champion the cause. I'm the conscience of the team.

Ex//Where

are we with training? Individuals

will then send me issues/complaints to look at to see where it should be referred . I'm the gate keeper.
Who maintains all the records?
They each maintain their own records and it's all funneled to Melissa Elliot . That would include Melissa
once there's a final resolution . I've asked her to keep a spread sheet so we can identify outcomes, who
was on the committee. It will be l(b)(6); (b)(?(C)
as of yesterday. She is the new T9 coordinator.

I

Walt will submit the report to her, she will then investigate for the victim and we will have!(b)(6); (b)(7(C)
investigate for the respondent/accused, his witnesses, etc. That will take place before the hearing.
What kind of training has !(b)(6); !had?
Through !(b)(6); (b)(7 !and we will have an annual renewal.
How long was that training?
Five days off site.
Is there an indi vidual who is not just keeping the records but that is overseeing all the incidents to keep
an eye out for repeat offenders, etc.
Yes. Me. That's why I asked Melissa to keep the spread sheet. I review it periodically to see how we' re
doing. There was no spreadsheet when I got here. I knew the re were sensitive times of the year, etc.
but there wasn't a way to track that. Wesley is unique in that we see a spike at different times of the
years than a lot of other schools, such as Halloween .
You mentioned i(b)(6); <!willbe doing the investigations, is Walter going to help?
Yes. We haven't gone through all of this with him yet. He will supply the report as he always does. He
will meet with the reporter and wr ite their statement . Other individ1Jals who come up, we might say, at
least in the begjnning that Walt will be there too until she establishes herself.
What kind of training has Walt had re; T9?
I' m not sure. I know he's been trained through Cleary, don't know about T9.
How often does the committee meeting?
Every other week.

 Can you exp{ain to me what the difference is between h<1rassment,conduct, and hostile environment?

I

Hostile environment is what happens at work/employees, that goes t hrough !{b){6); Student conduct
always goes through Melissa. If it's student/employee, then Melissa and ~

have to wor k toge th er.

Melissa can' t make a decision about what happens with employees and vice versa.

And the anti-harassment coordinator?
That' s!(b)(6);

L She was the one trying to do something when I arrived . She is primarily with faculty

harassment issues, but now we just had a case where a student felt harassed by something a faculty

I

member said and!(b)(6); was involved with that. For example, something with the LGBTcommunity that
is verbal.

So sexual harassment doesn't go through Melissa?
Not unless it's student/student . If an employee is .involved, it goes through !(b)(6); (b)(7(C)

Let's say a student takes offense to something a professor says and it's racial/notional origin, that
wouldn't go to Melissa. Where would it go?
It would be reported to my office and then go to

l!filw

You've done training for faculty and students, have yov done targeted training to RAs?
Yes.

Hearing panel members?
Not as much. We're planning and identifying resources for hearing officer training. !(b)(6); (b)(7

!did

training with the hearing board in 2012 that addressed hearing cases of sexual assault/domestic
violence. Didn't cover victim trauma in depth, but talked about what to do if the victim isn' t willing to
move forward with the process.

Do you have the training materials?
No.

What about the RAs?
They get the training before the inco ming students. That started this year.

What did it address re: T9?
The reporting process, consent, bystander intervention, influence of alcohol.

Are RAs responsible employees for reporting purposes ?
Yes. They go through responsible employee training too.

What abou t other student employees?

 }

No. We have tutors, but we haven't determined if they are mandatory reporters . We need to work
with those departments. That's the next grou p I'd like to see. Many of our RAs are tutors so I haven' t
made that a priority .
Who are the responsible employees?

Every full time employee and adjunct .
How are they trained?

There's a power point they have to review and take. the quiz at the end . We get notice of completion at
the end.
What information ar.e they requfred to report? Con they withho ld anything?

They have to tell the investigator everything they knew .
Are there any confidential resources that don't have to report?

Counseling, wellness center, and campus mTnister. It can't be a coach who says 1counsel studen ts, it has
to be someone who falls under the counseling service or wellness center .
The T9 information page, not the policy, on pg. 5 it lists confidential resources and fists campus securfry
and hr. Is that on error?

That means that someone can go anonymously to report.
How would they do that?

There's an online reporting process that is anonymous . I'm not sure about the reference to HR, We do
have individuals who report and the individual , if it 's not an affront to our values, they can say, I don' t
want anyone to know right now, but this happened between me and my supervisor, but I don't want
anything to happen right now. That reporter would be referred for counseling, but it wouldn't be
investigator .
That's for employees?

Yes..
We've heard that basically every faculty , staff member is responsible for report ing, but I noticed in the T9
policy it says, "most resources fgf/ in the middle of these two extremes."

I also noticed in the student

handbook that category of employees is referred to as "quasi-confiden tial .11

The quasi is counseling, wellness, and information reported to me that we don't act on . We 've had
situations where a student said they don't want to report but they were date raped off campus, the
counselor will tell us about it so we can identify patters, but we don't proceed With an investigator . We
tell the victim we .recognize it happened off campus and you are getting counseling.

If ft 's on campl!s?
If a student says it happened on campus but we don't want to do anything we may have to go forward.

 Counselors , wellness/RN, and minister don 't have to give us names, but they do have a reporting
requirement.
name.

They have to tell me an incident occurred but they don't have to give us the victim 's

So the chaplain, the RN, and the wellness center, they are quasi-reporters ?
Yes. They don ' t have to give us the victim's name, but they have to tell us where it happened, etc. I use
that info to look for patterns . For example , what's going on in that house off campus or that residence
hall.

From what I understand , the policies addressing T9 are the T9 information page and the T9 policy. I also
saw there's o student conduct process and a sexual misconduct process . How do these wtJrk?
The handbook is what the students receive describing the violations and how we handle it and we've
folded that into the policy , Any student misconduct is handled by both. The conduct board. We have
some people that just hear T9 and some that just hear other types of misconduct because those people
need to be trained differently ..

Students then are made aware of the procedures for processing sexual misconduct cases through the
handbook ?
Yes.

Was there ever a point where the college sent separately to students the T9 policy?
Yes. The email.

Was it made clear that the T9 policy was the same as what was in the handbook?
I don't believe so .

ln !(b){6); (b)(7

Icase, Melissa sent

him a link to the handbook because it was the same as the T9 policy?

Yes.

There are a few differences between what 's in the handbook and the T9 policy. The T9 policy says that
conflict resolution won 't be the primary resolution process ... but it also says conflict resolution may be
used after the formal process is completed . What does that mean?
That mean if we have a case where a student felt discriminated against because he wanted to post a
flyer that the executive board of the organization did not want to pay for , after we've investigat ed and
looked at it , we said we can do a student conduct hearing or we can try to figure it out amongst
ourselves to resolve it.

Can that type of resolution occur for sexual misconduct?
No.
Whot is the difference between that and resolution without a hearing?

 ( )

I don' t know .

Is resolution without a hearing something that can be used for sexual misconduct cases?
In the conduct booklet we have an option for administrative hearing without a hearing which applies
when someone pleads guilty .

Was that offered

to !(b)(6): (bl( l or

any of the other boys?

It must be offered to every student.

If it's notin writing somewhere, the assumption is that Melissa offered it verbally?
Yes. And depending on risk to the camp us, we have interim suspension. At the meeting where I hand
down the interim 5uspension, I tell the offender these are the guideline of the interim suspension, give
them a letter they can meet with Melissa to go over options , when they call she tells them options are
admihistrative hearing to plead guilty or go to a full hearing board .

There's a key difference between T9 policy and the handbook and that's the educational conference. It's
not in the T9 policy but it's in the handbook. Handbook says the first step is the educational conference
(Beth read the rest). Why isn't the educational conference in the T9 policy?
I don't know. We must have missed it. We were to merge the code of conduct and the T9 policy.

lease, when !(b)(6); (bX !was given info about how the process would go 1 he was given a link
to the handbook which says he would get an educational conference . Did he get that?

Fo ~ (b)(6); (b)(7

Yes. With Melissa.

Was he advised this Is your educational conference?
I don't know.

You said in on email to OCR that educational conferences aren't held in sexual misconduct cases because
T9 doesn't permit mediation.
I don't remember that .
Melissa told us that educational conferences aren't permitted in T9 cases because educational
conferences are mediation which isn't allowed in T9 cases. Also, in other T9 cases you gave us,
educational cases were held. !(b)(6); (b)(7 !notice says you can go through fhe student conduct process, but
doesn't refer to the educational conference. It looks like the educational conference piece got removed
/rom !(b)(6); (bX land the other boys' lette rs.
I don't know why. If they don't receive an educational conference, they don' t know what it all means.
They should all have an educational conference so they understand the process.

With respect to confidentiality if a victim doesn't want to proceed. We're not talking about a victim
going to the counselor, RN, or chaplain, but a student who reports she was assaulted but that she does
not want to proceed. What happens?

 We stop . We don't move further, but it's situational.
they don't want to move forward.

!{b)(5); (b)(7

I've had students who have reported then said

h old us we can move forward if you feel there's a risk to

the community . I've had a case where the victim didn ' t want to go forwa rd where I sent the victim a
letter saying I know you don't want to go forward, but we have to because it's egregious . That's what

I

happened in !(b)(6); (b)(7 incident . There I determined that we had to go forward because people were
talking to faculty members about it, they were talking about the victim in class. I consulted with~

l\?~~
l; l about

it and he said you have to speak on behalf of the institution being the victim .

Who makes that judgment call?
Me .

Are there instances in which a victim didn 't want to proceed and you'd honor the request?
Yes. And I have.

On the T9 Information page,

it soys the College is unable to charge someone

without a victim coming

forward?
In th is case the victim was the insti tution . It was a public event that many people know about that
occurred in a space that belonged to a publ ic organization, the victim became the College .

The hearing panel ... does the college perm it students on the pone/ for sexual misconduct cases?
No. I'm not sure when we made that decision.

The incident ....
How did you learn of the incident?
Chief of security called and said !"""
(b"""'
)(6
""');"""
(b")(
""'
-7 ---,k alled and said there was an inciden t involving an incident .
He thought but wasn' t sure that there was a video recording of a stu dent in a sexua l act unbeknownst to
the vic tim .

What happened next?
As we always do, Walt came back with a formal report and said based on the report he thought we
needed to interimly suspend the students . He felt we needed to move forward , that it was a Valid
concern .

Did you read the report at that point?
Yes.

Did you read it to see if the report was sufficient?
No.

Does anyone do that?
No . Not at that point.

J trust

the investigator's position .

 I said where is the victim?
He said he'd reach out to her .

Were you present during the discussion with the victim?
No. It's written into the way l~~l.(6); (b)(7 !crafted our student conduct policy it excludes the dean and
president from being involved.

Was anyone else in the intervie ws?
Not that I know of. I sat with the students to administer the suspension letter and help them
understand .

Walt's report says that he and you spoke with the victim?
I

don't remember that. At some point she called and said-!(b-)(-6)-; (-bX
-! is her best friend and he would never

do this and I told her we had to move forward and she'd have a chance to move in.

In that conversation, did you explain to her why the College was proceeding despite her not wanting you
to?
I don' t remember.
And this was before the hearing?
Yes.

To your knowledge was!(b)(6); (b)(!ever interviewed before the hearing?
Not to my knowledge, but I don't know. When stud ents come in, I don't want to know a lot because I'm
not the investigato r. I tell stude nts this is not the time to give your side.

When fs their time to give their side?
At the hearing I think.

The T9 policy under "investigation" says there will be interviews of all parties and witnesses, etc_ My
question/concern is that in this case and the comparative data, the accused student wasn't interviewed
during the investigation?
I don't know because I'm not involved at that point .

Do you know if at any point prior to the hearing !(b)(6);(b) !and the other boys were provided wi~h the
incident report and other evidence to prepare their defense?
I don't know.

Is that something that should be done? It says in the po/icy under "hearing procedures" that the chair
will exchange the names of witnesses and all documentary evidence at least two days before the
hearing . it's in the policy but it doesn 't seem to be happening. Do you know why?

 )

I don't.

Do you have a role in that ?
NO.

You weren't at the hearing?
No. I' m not involved in the hearing.

Do you know if at the hearing the boys had the opportunity to cross examine/question the other
witnesses?
I don't know . Since I'm so far removed, I don't know what happens at the hearing or before. My role is

to say based .on t he invest(gation, you are being interimly suspended and you need to have a meeting
with Melissa.

Do you have a role in the appeal?
I don't have a vote. I sit with the appellate members when they review the documents and for them to
tell me if they need anything from me, such as an additional piece of documentation.

They generally

look at the grounds for appeal and determine if the grounds are met or not met .

Did tha t happen in !(b)(6) ; (b)(7 Icase?
No. One person determines if the grounds are met first and then it goes to the appeal board .

Who decides if it meets the criteria for going to the appeal board?
Melfssa.

And she's present at the hearing?
Yes.

Can you talk to me about what kind of services you offer to victims during the investigative phase and
after a finding is made?
Generally we recommend cou nseling and we notify the director of counseling services that a student
may be coming their way. We also notify them of local counseling resources . They can identify if they
need more, but that's pretty much what we provide .

What about no contact orders, change in residence halls ...
We don't list them, but we prov ide them. For example, we've changed classes, residence halls. It's
based on what the victim is experiencing .

With whom does the victim hove this conversation?
It runs the gamut. It can be a faculty member as it was in one case. The faculty member mentioned it to
out office and we handled it from there. There's been a case where a student talked to a nurse about it.

 Is there a standard protocol for reaching out to victims?
We' re creating a sex.ualassault response team so we'll have an individual who will show up and be
present and stay with the victim throughout the v.ictim and after, but that won't be in place until
January.

What about accused students who wont to bring witnesses to a hearing, can the college get the
witnesses excused from class?
Yes.

How are accused students notified of this?
I assign someone from student affairs to work with the accused. In this case I chosei(b)(6); lvh o was the
!(b)(6)
; (b)(7(C)

!

From the file it looks like~

got involved to work with him on th~ appeal ?

Correct.

So he didn't have an advocate during the hearing process?
No.

It's not in the policy that the college will work with students to excuse witnesses?
Correct. But they should be informed of that . They should get it in writing that they can bring a
representative and witnesses .

The policy says that the choir may decide that certain witnesses don't have to be present if the
investigator con summarize it. Does that happen?
I don't know. I would think it's filtered through the chair (Melissa). I can't th ink of why the board
wouldn't consider a letter .

There's a zero tolerance policy for sexual misconduct. Does that mean automatic expulsion?
No, The hearing officers address sanctioning .

Are there other kids of zero tolerance policies on campus?
Drugs and physical violence .

The college told us there were no reported incidents ir,2012 -13, but the Clery act data shows that there
were incidents.
It depends on who is keepfng the records . I'm a stickler . When I got here the record keeping wasn't
centralized. With Clery, Walt has always kept good records . I had to get others on board with record
keeping.

Are victims routinely notified of the outcome?
They should be notified in writing, even if it's in email, so we can have a paper trail.

 )

{ J

I talked to Melissa about this, the data the College gave us didn't include notice of the outcome of
complaints, to the extent that you have it, please provide it to us.
Do you have questions for us?
Yes. Beth walked the Dean through the OCRprocess and what stage we were currently at.

 '

'
Wesley College
OCR Docket 031523 29

Interviewee ;

Melissa Elliot , Assistant Dean

Interviewe rs:

Beth Gellman-Beer (Team leader)
Amy Niedzalkosk i (Team Attorney)

Date:

November 2, 2015

Locatfo n:

Onsit e

Others present:

Molly Di Bianca, Esq., counsel for Wesley College

X

The Interviewee was informed of dghts re : FOIA and the Privacy Att

What is your job title and how long have you been in that position?
Assistant De.~rnof Students , Director of Residence Life
How long have you been with the College?
Non-inter1m since summer 2015, I was interim/acting for all of 2014-15 .
Before that ?
r )(6); (b)(7(C)

What is your position at the College with regard to Title IX?
I' m a T9C for student conduct and sexual assault. I work with the cases that come into st udent conduct.
When were you assigned those duties?
I started on the T9 Committee partway through 2014-15 . Then I went to training this past May .
When did you start processing cases?
Fall 2014 .
What is th e T9 Committee?
Al l of the people who are different coordinators for different T9 areas. Ex// Hostile Environment ,
Disability Support , Athletic Compl iance, Anti-Harassment.

 (

)

What does the Committee do?
They started updating the T9 policy because there wasn' t a spelled out policy when I started . They
worked with HR to develop a policy. Then after that policy was in place, the Committee is more focused
on the trainings.

When was the policy adopted?
Some point through last school year . There was an anti-harassment policy and it expanded that.

Do you know if it was the foll or the spring?
I want to say fall but I don' t know .

What are your job duties as Student Conduct T9 Coordinator?
When anything comes to conduct I serve as chief conduct officer whether it's T9 or not. Wh en it's a T9
case, I help start the process, get the student informed of the process/procedures, how the process
works, I organize the hearings.

Do you pCJrticipateIn the investigation?
NO.

Who investigates?
Director of security .

You stoned in Foll 2014. What kind of training did you hove for T9 coses then?
Not really anything other than being involved in the meetings about developing T9 policy . I had training
now in May 2015, a 4 day training .

Can you talk to me about the different T9 Coordinators, what their duties are, how your duties are
different.
I wouldn't want to speak to everyone else. For my own, I work with conduct process for all types of
violations, so I work through that part of the T9 process (student conduct). HR handles faculty
complaints

!(b)(6); (b)(7(C)

I

Do you know what the central coordinator for anti-harassment does?
Not sure.

Hostile env ironment?
That's the employment one .

Does that include complaints of sexual harassment of a student by a faculty member?
I think

that would be HR and Anderson .

What about faculty on faculty?

 (

,

I think that's HR.
Is there someone who oversees all of the coordinators?

Dean Anderson . I report to Dean Anderson for all duties, for the others , I believe that they report to
Dean Anderson for their T9 duties .
So all student miscondJ.Jctgoes to you?

Yes.
Do you have the same duties for other types of misconduct as sexual misconduct?

With other kinds, I get the case and assign to a hearing officer and they do the case and turn the
paperwo rk back to me. With T9 cases, I don't make any of the process decisions, but I help convene the
boards and attend to make sure the procedures are followed. I don't participate or vote on the boards.
How is the campus community made aware of your role and of the employee complaint person 's role ?

There are postings with contact information of everyone on the commi ttee and our photos. We also
talk about it at trainings, such as training for students where we talk about how it's not just sports,
bystander intervention, consent, the people they can go to with questions or issues.

Who did that training ?
I did it for on campus stud ents. We offered three different sessions for new students during orientation

and three sessions for returning students during the first weeks of class. For the commuter students our
director of campus life did the training . Alana Bachman, but she's no longer here.
Were those sessions mandatory?

We try to push them as such, but not use the word mandatory. We ju st said that people need to come
to these events. Students tend to resist if we say something is mandatory . We did them during the first
building meetings whi ch most students attend . We had sign in sheets. If someone didn't attend the RA
connected with them and handed out materials .
Is there any targeted training, such as for RAs?

Yes. The RAs had the same training , but we talked more in depth with them about reporting.
So RAs are required to report?

Yes.
Has that always been the case?

In the time I've been here it' s been an expectation, but this is only my second year. Not sure what the
expectation was previously .
Are there any other groups with targeted training?

Not that I'm aware of.

 What about training for faculty and staff? '
There's a power point and quiz that went out to all employees from HR.

When did that go out?
About 2 weeks ago. It was created to be yearly but this was the first year.

What does the training cover?
A lot of the same areas as the stude nt training . What T9 is, more than just athletics, about the different

areas it covers such as harassment/assault/gender discrimination, the concept of consent, some
bystander intervention so the faculty/staff know what the students are getting. It also talks about who
faculty/staff have questions and who to report to if they learn of sexual harassment/assault .

Does anyone present the power point?
No. They read it on their own and take the quiz.

Does the training give a link to the policy ?
Yes.

What are they told in terms of reporting requirements ?
That the College considers all faculty/staff responsible reporters and that they have to report.

Hos that always been the case?
Since the T9 policy was developed, I' m not aware of what was required under the old harassment policy.

Have you experienced resistance from faculty/staff?
I haven't heard anything, but I don' t know. Some faculty/staff have reported this year. I believe some

departments talked to their staff outside of our tr aining. I feel like people are open to it.

The person who handles the investigation is the director of safety and security?
Yes.

Does anyone assist him with the investigations?
l don't know.

DO you know what kind of training he's hod?
I don't know .

Do you know who oversees his training?
l(b)(6) ; (b)(7(C)

Would you soy that generally faculty/staff are aware of what they 're supposed to do?

 ()
I think so. We've been trying to push the message in as many ways as we can think of.
For the hearing board . .. is that a different group of people for sexual misconduct as opposed to other
kinds of misconduct?

Now it is as of2015-16, previously it was not. This year we are moving towards having three designated
people who have more training specific to T9.
Have you picked those people?

Yes. One is a student affairs staff who is moving into a T9 education role she'll be the chair, the T9C for
disability support , and we're still looking for the third .
Have those individuals received T9 training?

Limited training , but the T9 educator just did the same training Dean Anderson and I did
!(b)(6); (b)(7(C)

I

l(b)(6); (b)(7(C)

I

What is her name?
!(b)(6) ; (b)(7(C)

Last year who was in the pool?

Our whole panel which is made up of faculty/staff who ,volunteered to serve on hearing board. At some
point they went through a training with

!(b)(6); (b)(7(

!who provided legal representation to the College.

How many people were in the pool?

About 15. We also have student members, but they're not part of serving on T9 cases. Not last year.
Don't know about in the past.
Title IX Policies/Procedures
The two policies the College gave us are the link on the webpage and the Policy.
There's also a small piece of T9 policy in the stud ent code of conduct. Which applies to cases of sexual
misconduct?

The T9 policy . 'There's an asterisks at the bottom of the page in the code of conduct indicat ing that .
Do you have one from 2014-2015? I didn't see asterisks in that one ,

There might not have been, but it 's in the 2015-16 policy.
*Beth showed the witness the policies she pulled off the website that doesn't show the asterisks, The
witness showed the printed copy which shows the asteris!(s.
The T9 policy was added to the handbook for this year,

it wasn't there last year.

Last year, what applied to the complaint against l(b)(6) ; (b)

They are the same except for the note that was added .

!? HCindbook or T9 policy procedures?

 }

What were students told last year about what policy applied?
We would explain the policy and how it wo rks. I would walk them through the process. The only big
difference is that the educational conference level ,s removed beca,use the info we received is that
mediat ion is not permitted in T9 cases so we moved it directly to the board level.

If a complaint was raised last year, how would a student know that an educational conference wouldn 't
apply If it was in the handbook?
It was explained to respondents .
Was that explained to i{bl/6): {bl{!?
Yes. When I spoke to him on the phone after the inte rim suspension. What happens when as student is
interiml.y suspended, they have to contact me to talk about the next steps. I'm not sure if he contacted
me that day or the next day, but he called me and 1explained the process.

You followed up with him on !(b)(6);
spoke to him?

l You emailed

him. (Showed email). Was this before or after you

After . What was attached was the letter giving him the date/time of the hearing. We also attached the
hearing pointers. I spoke to 4 students that day who were involved in the incident . They were all
anxious because they were dealing with a serious situation so I tried to summarize the points we talked
about .

Beth pointed out that the witness also gave him a link to the handbook but pointed out it doesn 't
mention no educational conference.
Because I told him that when we spoke on the phone.
So the T9 policy applied to his case?
Yes.
Was he ever given a copy of the T9 policy?
Not that I can remember.
Last year, were students generally given a copy ofthe T9 policy?
If they asked for more information they were.
When did the policy appear on the website?
I'm not sure.

Was there a point lost year when the T9 policy was disseminated to the campus community, such as by

email?
I don't know about email , but flyers were posted liberally across campus.

 Title IX Policy

Did you have a role in drafting the T9 policy?
Mostly in reviewing and finding grammar errors or missing pieces. Mostly editing it or asking questions
if unclear.

Who hod the primary role in developing it?
The per-sonin HR before !(b)(6); (b)(7(C)
I noticed in the T9 policy it soys conflict resolution will not be primary process, but it may be available
after the formal process. What does that mean?
I believe that means if after the process the respondent is not separated from the school, such as a less
serfous violation. I think that ' s meant to help the parties be able to cont1nue on campus With each
othet .

Would the parties be in a room together?
I'm not sure.
The policy says a/legations can be resolved through conflict resolution, resolution without a hearing, and
formal hearings. Can you explain when each applies?
I think it's Wanda's decision. t think some of it related to different requirements for faculty/staff and
students. Faculty have a CBA. I think that decision would be made at Wanda's level.

I noticed the main difference is that educational conference is in the handbook but not the T9 policy.
Why is that?
Educational conference is between student and hearing officer. It doesn't allow for the complainant to
be a part of the process. The thought process was that it seemed like it was a mediation, and we were
told can' t have mediation in a sexual misconduct policy. This way with a hearing, both sides have the
opportunity to present their case.

What's the difference between educational conference and conflict resolution and when would con/lice
resolution apply?
Becausethey're saying less serious behaviors, so I think it's not for sexual misconduct , but more along
the lines of inappropriate statements .

What about resolution without

CJhearing?

Equal opportunity falls under faculty/staff . I think resolution without a hearing also applies to the less
serious behaviors.

Who makes the difference of which procedures apply?
Dean Anderson.

 How are student s supposed to know which applies/wtrich doesn 't tp their case?
For sexual misconduct it's in the code of conduct about how it's addressed. The chatge in the code of
conduct ~ays harassment, it doesn't specify sexual. Another case that might fall under this is the J/harm
to persons" charge which could apply in a domestic violence situation .
We received comparative data from the College and in those incidents and those students were notffied
that they had the opportunity for an educational conference. {2013, 2014 , and then we get to March
·2015 and the letters still referred to an educational conference, but !(b)(6); (b)(7(C)
!did not .)
It might have coincided with when our poli cy went into effect .
* Beth showed the witness those notification letters.

The witness said it may hove coincided with when we reached the understanding that the educational
conference was not how these cases were supposed to be handled. In other words the educational
conference piece was removed around the time of! (b)(6); (b)(7 !incident
Was there any public notice that educational conferences wol(/d no longer be used?
Now .
Confidentiality

Beth explained this means when a victim doesn 't want to move forward .
The witness explains we don' t require victims to partkipate in a conduct board if they don' t want to, but
at tha t point , the college becomes the complainant because someone has violated the code of conduct .

Even if the victim says I don't want this to be processed?
Yes if the investigation shows the incident occurs. The college would be the complainant .

Code of conduct says con 1t process without a victim . ..
The expectation is that the victim will come forward and participate . In this case the victim didn 1t file the
complaint , she came forward as a witness .

So you don't really toke into account the victim's wishes?
They don't have to part icipate if they don't want to, but we still have to address the violation .

I not iced under the T9 policy it says in all cases the College will give consideration to the person bringing
the complaint, etc. Under what circumstances would you give consideration to the victim and not
proceed ?
If based on the investigation there wasn't' any evidence/information to move forward with bringing a
charge.

Who makes the decision to proceed or not?

 )

Generally with the director of security and the dean of students.

In this case it would have been them?
Yes. At that point we'd reach out to the victim to see if they wanted to giv.e a statement but they aren't
requi red to.

Case (long name) where the victim didn't want to participate and it was dismissed?
Yes. By the conduct board . The student involved d idn ' t want to give a statement and there was no
other eviden ce.

But it was still decided to investigate and bring to a hearing panel even though the victim didn 't want ta
go forward?
Yes.

Is there anyone on campus who is not responsible employees?
No . Everyone is. Even contracted staff, custodial staff tha t are contracted .

What are the responsible employees required to report and to whom?
Anything , To their supervisor and/or a T9 coordinator . They shou ld share whatever info they 've been
given, except people with legal obligation not to report such as a counselor .
Our nurse practitioner and chaplain as well.

T9 info page lists security and HR as a confidential resource. What does that mean?
That they wouldn't share the info outside of the T9 coo rdinators . They are responsible employees.

You also have a quasi-confidential category . (pg. 37 in handbook).
This means there are people they ,can speak with who won't share t he info with a large group of people .
It lets them know ff there are some levels where someone has to share it's with as few people as
possible and that students can ask before they share whether they have to share .

Who falls into that category?
For this it lists the RAs and student life staff members .

Are their reporting requirements different?
This is potentially something that was reworked under the new policy. This is from the 2014 -15
handbook .

I also noticed in the T9 policy, it talks about responsible employees and confidential employees and that
most employees fall In the middle. Do you know what that means?

I'm not

sure.

Hearing panel

 The T9 policy says non-voting choir and three members on the panel, but I noticed that there are three
members and one is the chair.
There are three members and I'm usually there to make sure the procedures are being followed . I don' t
vote .
Have you sat in on every sexual misconduct hearing?
Yes.
Student/Incident
Are you familiar with

!(b){6); (b)(7(C)

Yes.
And the incident?
Yes.
When did you learn of the incident and how?
Just before the students were suspended. It was brought to our attention by the director of safety who
was investigating.
How do you learn of incidents?
Depends on which route of reporting the person takes. Here it was reported to a faculty member who
reported it to the director of safety and securi ty . I wasn't brought in until the interim suspension
process started.
What were you told when you teamed of the incident?
Just a summary of the incident, that a female student was in a situation where shew as in an intimate
setting with another student and that student and several others planned to livestream without her
knowledge/consent .
Old you assist with the investigation?
No.
What did you do once you were notified?
I was there when the dean met with the student to explain hey were being interim ly suspended,
explained the instruction s, the no contact.
Was the student given any paper during that meeting?
The interim suspension letter and my business card. The letter directs them to contact me so I can
explain the process. I don't recall if !~~~~):(b) !asked for more info th an I provided during that call,

 Was mom on the call?
I don' t know . I don't believe so, but it's possible she was on and l didn't realize it. I don ' t recall her
being on it.

Can you say roughly how many titnes you met

with !{b){6); {bX!prior

to the hearing?

I didn't except for the interim suspensio n meeting .

How many phone calls did you hove with him?
One or two. I recall one, but there may have been a second, There were four students so I don't recall
who I spoke to how many times.

You have no soy in the investigation ?
Correct.

The T9 policy soys in all cases where an interim suspension is imposed, the student con meet with the T9
coordinator and given cause why suspension shouldn 't be imposed.
That meeting is for the student and Wanda.

You were there?
Yes.

Was he given the opportunity to show why there shouldn't be a suspension?
I don't

know .

Was he gjven any opportunity to do course work remotely?
Anytime there's an interim suspension they are encouraged to reach out to professors to see if they

can

work remotely. We do notify professors that a student is not on campus due to conduct. We don't give
any specific info about why .

The T9 policy says dunng or upon completion of invest;gdtion, the investigators will meet with the T9
team to determine If there's sufficient info to process. Did that happen?
I just had the final report to present to the board.

I asked the college whether the student was given the investigative report and was told that's not the

college's practice .
Correct. Usually the report is presented at the hearing .

Why?
I don' t know. It's just the procedures .

We noted the policy says that the chair will exchange the names of witness, documentary evident, etc. at
least two business days prior to the hearing. Was that done here?

 )

I don't believe so.

The student told us that he wasn't aware he could get help from the college to get student witnesses out
of class.
Yes. I explained this over the phone. We donJt give an excuse. It's just a notification .

Do recall talking to !(b)(6); (b)(! about this?
Yes. I also explained bringing an advisor. I always explain getting a.n email to a prof for a witness and an
advisor at the same time .

The policy also says the chair can decide that certain witnesses don't need to be present that their
testimony can be summarized in an affidavit. Who makes that decision.
Me and the board chair , but we ' ve never had that happen .

What about in !{b){6); {b){7 Icase?
The letters he presented were during his appeal.

Did he bring anyone to the hearing?
Letters from character lette rs but not the event .

During the hearing was he presented with of/ the evidence against him?
Yes. The full report is read at the start of the hearing.

Was he informed of the name of the mole student who said!(b){6); (b)(i watched the Jivestream?
I didn' t believe so because that student asked for anonymity .

We also noticed there's a zero tolerance policy for sexual misconduct. Can yot.fexplain?
We Will investigate all reports of sexual misconduct. We have zero tole rance for we apons as well.
We received a string of text messages from !{b)(6):(b)(7(C)
college got them from?
I think from !(b)(6); (b

Icase fi le.

Do you know where the

I

But their between the victim and Hb}f6}fbXP
I believe they were submitted by !{b)(6); (b

I

Was the hearing board presented with these text messages?
Yes.

was !(b)(6); (b)(!given a copy during the hearing?
I don't think so. I think they were presented when !(b){6)
; lgave his statement.

 Who decided each appe al?
Whether the criteria are met ....that comes through me.

Do you do that for al/ sexual misconduct cases?
Yes. For all cases. I sometimes confer with the dean of students .

When a case is resolved through an educational confe rence/resolution, are the victims informed of the
resolution? (Forsexual harassment).
I believe so.
How are they notified?
Usually email. I believe !(b)(6); !was informed by email.
* Beth asked for that email.

Any sexual misconduct cases ... are victims always notified of the outcome?
Under the new policy yes, I don't think they were under the old policy .

How are they notified?
Email. One case I explained it ver bally ,

What fnfo are they given?
The basic sanction . We don't go into in dept h detail. For example, we tell of suspension, no contact,
what to do if a person violates a no contact.
*Beth asked for copies of written notice of the outcome for the comparative data .

Can you talk to me about interim services that are provided to victims?
We put them in contact with our counselor and given t he info about outside resources .

Any other services? Such as hol.(sing, tutoring, dining, etc.
We offer tutoring to everyone . If it comes to a housing change, it depe nds on the situation . For
example if they live in the same building . We would also offer class schedules, but I'd have to contact
academic departmen t .

What if a victim wants the respondent out of her class?
l couldn't decide t hat . I'd have to talk to Wanda and she'd work with academte affai rs.

When are victims notified of interim measures?
When a student reports, we let them know we are moving through the conduct process and available
resources. A lot of times that happens in person.

Are accused students offered services?

 We contact their professors. I' m not sure what else.
How about counseling?

They couldn't use onsite counselor if interiml y suspended.

 Carey, Robert M.

!(b)(6); (b)(7(C)

From:

Sent:

Tuesday, Octobe r 20, 2015 11:37 AM
Gellman-Beer, Beth
RE:OCR complaint 03152329 (Wesley College)

To:

Subjec t:

Yes, (b)(6);(b) last name is !{b){6); Iand her phone number is l(b){6); (b)(7(C) hnd !(b)(6); (b)(7(C) !phone number is
{b){6); {b){?(C)
Also (b)(6);(b)(7(C)
can be contacted on!(b)(6); (b)(?(C) I And a neighbo ri(b)(6):
(b)(7(Cl Ican be
Also he was friends with the victim and the on! thing he did was
contacted on (b)(5); (b)(?(C)
at her request!(b)(6); (b)(7(C)
!her number i (b)(5); (b)(?(C)
She was
introduce her to his (b)(5); (b)(?(C)
!(b)(6);(b)(7(C) Iup until the end of the semester. You have letter from...
!<b_l<_6)_;<_
bl_
<?_
<c_) ----Hop.e this helps.
l(b)(6); (b)(7(C)

I

!(b)(5); (b)(?(C) do you have the contact informat ion for ...
l<b_l<_5l_;(b_l<
_7<
_c_) ---~'
l~~~~r {b) !last name.

and if not, please provide us with

Thank you,
Beth Gellman-Beer

From: !(b)(6);(b)(7(C)
Sent: Tuesday, October 20, 2015 10:41 AM
To: Gellman-Beer, Beth
Subject: Re: OCR complaint 03152329 (Wesley College)

l You have letters from
Please ask to see students one (b)(5); (b)(?(C) she still goes there. And her!(b)(6);(b)(?(C)
Jif you need to talk to him. His contact number is l{b){6); (b)(7(C)
them. !{b){6);(b)(7(C)
I will be!(b){6)
; (b)(7(C)

Ibut available after that.

Thank you for responding.
l(b)(6); (b)(7(C)

On Oct 20, 2015 9:45 AM, "Gellman-Beer, Beth" <Beth.Gellman-Beer @ed.gov> wrote:
(b)(6); (b)(7(C)
I received your voicemai l this morning, inquirin g about the status of the above-referenced complaint. In
response , we are still reviewing the data provided by the College, and anticipate conducting interviews during
an onsite visit of the College in early November. Please be advised that, due to the complex and sensitive
1

 nature of these type of complaints , our investigations are rarely completed within the 180 day timeframe noted
in our case processing procedures. I do not expect that we will be completing our investigation and resolving
yo ur complaint for several months.

Thank you ,
Beth Gellman -Beer

2

 \

)

()

Gellman-Beer, Beth
From :

!<b)(6); (b)(7(C)

Sent:
To:
Subject :
Attachments:

Tuesday, October 27, 2015 7:18 PM
Gellman -Beer, Beth
OCR Visit to Wesley College
IMG_1190.png; IMG_1192.png; IMG_1191.png

This was sent out to the whole student body concerning this case. I think this is a total embarras sment to those
invo lved.
I have other emails I will forward that were sent as well from Dean of Students Wanda Anderson.

!(b)(6); (b)(7 <Cl

 )
Gellman -Beer, Beth
From :

Se nt:
To :

Subject :
Attachments :

Page 2

Fb )(6); (b )(7 (C)

Tuesday, October 27, 2015 7:20 PM
Gellman - Beer, Beth
OCR Visit to Wesley College
IMG_1190 .png ; IMG_1192.png ; IMG_1191.png

 I

)

{

Gellma n-Bee r, Beth
From :

!(b)(6); (b)(7(C)

Sen t:

Tuesday, October 27, 2015 7:21 PM
Gellman - Beer, Beth
OCR Visit Wesley College
IMG_1190 .png; IMG_1192.png; IMG_1191.png

To:

Subject :
Attachment s:

Page 3
Sent to all student s now ????

)

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ethr1ic or 11atio11alorigi11, age. tiisa bil ity~sex., ()r
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Gellman - Beer, Beth
From:

!(b)(6); (b)(7(C)

Sent:

Tuesday, Octob er 27, 2015 7:22 PM
Gellman -Beer, Beth
Email to !<b)(6); (b)(7(C)

To :

Subject :
Attachments:

IMG_1189.png

l understand this message being sent but not to the entire student body co ncerning this matter.
l(b)(6); (b)(7(C)

I

1

 (b)(6); (b)(7(C)

Hello
The Office of Civil Rights (OCR) will be on
campus Nov. 2nd & 3rd to discuss matters
related to the sexua,f misconduct case that
i nv o Iving
occurred on
(b)(6); (b)(7(C)

6
(b)( ); (b)(?(C)

rb )(6); (b)(7(C)

The OCR would like to set up a time to
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ·- - - - - - - - - - - - discuss this matter w t:th you ir1 more detail.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -·
r X6);(bX7(C)

r

_____,J
w i II

L- 6); (b
- )(7(-C) _________

be

reaching out to confirm a time that best fits
your schedule. Please feel free to reach ou t
to me with any questions.
- Take Ger1tle Care,
( J

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(

·,

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Gellman ..Beer, Beth
From :

!(b)(6); (b)(7(C)

Sent:

Tuesday, Octob er 27, 2015 7:40 PM
Gellman-Beer, Beth
Fwd: Fw: Office of Civil Right s

To :

Subject :

Here is the complete emails .
l(b)(6); (b)(7(C)

---------- Forwarde d
From

message
----------

:bl(6) ; (b)(7(C)

Date: ct 27, 2015 7:25 PM
Subject: Fw: Office of Ci vi! Rights
To: l(b)(6); (b)(7(C)
Cc:

From: Anderson, Wanda <Wanda.Anderson@wesley.edu>
Sent: Tuesday, October 27, 2015 9:13:36 AM
To: Faculty & Staff - All; StudentsAII
Cc: !(b)(6); (b)(7(C)

I

Subject: Office of Civil Rights

Hello Everyone,

I write to inform you that the Department of Educat ion s' Office of Civil Rights (OCR) will be on campus Nov .
11
2 <1& Ydto discuss matters related to a Sexua l Misconduct case from the Spri ng 20 15 se mester. The OCR w ill
a lso provide an open door to discuss matters related to Title fX at Wesley College wi th anyone who has an
expressed interest and/or concern related to this topic.

!tothe Office of St udent Affairs will be send ing out a formal
1Va/k-in schedule on Friday fo r those who would like to meet with the OCR represe ntatives.

!{b)(6); (b)(7(C)

Wesley College·s Non -Di scrimination

Policy States:

Wesley College will not discriminate in any employmen t practice, educat ion program , or activity on the basis of
race, color, religion , ethnic or national origin, age, disability , sex, or veteran status. T he College fully complies with

 I

( )
the requirements of Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendment of 1972, the
Rehabi litation Act of 1973. and all other applicable federal, state, and local statutes, ordinances, and regulations.
Inquiries concerning the College's rules and procedures regarding this policy and its application o'Tthe application of
any of these laws may be directed to the Director of the Office for Civil Rights, Department of Health and Human
Services, Washington, DC for T itle IX of the Education Amendments of 1972 and the Rehabilitation Act of 1973.

I ,., ill make myself available sho uld you have any quest ions.

Take G~ntle Cart>.

Dean Ande rson

Wanda Anderson
Dean of Students

Great 'Ib ings Await
Wesley College
120 North State Street
Dover, DE 19 901

Wan da.Ande rson@wes ley.edu
Direct: 302 .736.244 3
Website: http: // www.wesley.edu

2

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I

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(

)

Gellman- Beer, .Beth
!<b)(
6); (b){7(
C)

From:

Sent:

Tuesday, October 27, 2015 7:51 PM
Gellman-Be er, Beth
Re: OCR Visit to Wesley College

To :

Subject :

I

This is fine . !<b)(5l; (bl( 7(Cl is one of the witnesses I asked that you spea k to so I am fine with that. It's just
send ing out notice to entire student bod y about the investigation of the sexual misconduct of Spring 2015 with
their policy now , why wasn't this done in Spring 2015 to the Student body to come and discuss.
But I will not interfer with your investigation if this is your policy and you instructed them to send it out.

I will be returningl~~~r (b) land available. l1..
(b_)(_6)_:(_
b)_
<7_
(C_) ____

!

!(b)(6); (b)(7(C)

Iif you need to seek to him while you are there.

Thank you
l(b)(6); (b){7(C)

On Oct 27, 2015 7:22 PM, "Gellman-Bee r, Beth" <Beth.G ellman-Beer @e d.gov> wrote:
!(b)(6); (b)(7(C)

!

Please be advised that , as I stated to you ear lier, we are conducting an ons ite visit of the College Nov. 2 and 3,
20 15, and the notices issued by the Co llege were done at our request. After we have completed our onsite, we
will be reaching out to speak with !~~~6); (6)(7 and other witnesses you have requested.

!

I regret if you are not satisfied with the process we are employing for investigating your complaint , but I assure
yo u that we are proc ess ing your complaint consistent with the procedures und er which we ope rate.
Thank you,
Beth Gellman-Beer

5_>:_<6_><7
<b
_><
_<c
_>___________
On Tue, Oct 27, 2015 at 4: 17 PM -0700 , !L.

~ wrote:

...

This was sent out to the whole student body concerning thi s case. I think this is a total embarras sment to those
involved.

l have othe r emails I will forward that were sent as we ll from Dean of Students Wanda Anderson.
r )(6); (b)(7(C)

1

 )

)

Gellman-Beer, Beth
Fro m :
Sent :
To:
Subject :

Gellman-Beer, Beth
Wednesday, September 30, 2015 8:25 AM
'Anderson, Wanda'
RE:OCR 3 (final)

Dean Anderson :
Thank you for your prompt attention to this matter and providing the data in a timely fashion. I have reviewed all of the
data that you have provided to date, and I have additiona l data needs, which are more fully described below. Please
forward this information to me within 20 calendar days:
Policies and Procedures
1. Policies and procedures that relate to the obligation of faculty, staff and other employees to report possible

2.
3.

4.

5.

6.

7.

8.

9.

sexual harassment or sexual assault of which they are aware;
Policies, procedures and/or a description of how campus police and local law enforcement are involved with
complain ts alleging sexual harassment and/or violence;
A detailed description of all training regarding all training regarding sex discrimination, including any training
cover ing sexual harassment and sexual assault, provided to the College's Titl e IX CoordinaJor{s), the individuals
involved in the investigation or hearing process for complaints of sexual harassment and sexual assault, and/or
other College staff from August 2012 to present. For each of the trainings, please include the name(s) and
qualifications of the individual(s) who provided the training sessions, the date{s) the training was provided, the
audience the training targeted, and copies of any materials used or distributed at the training, including
presentation slides;
A detailed description of training provided to College faculty and staff since August 2011 addressing t he
College's policies and procedures on sexual harassment and sexual violence, including th eir responsibility to
report possible harassment . Include the date(s) provided and the names, titles, and qualifications of the
individual{s) who provided the training{s); lists of attendees; and the positions of the attendees. Provide copies
of any material provided during the training including, presentation slides, if available;
All education and training materials provided to students on the College's policies and procedures on sexual
harassment and sexual assault described above from August 2011 to the present. Please include a list of
training sessions given to students on sexual harassment and sexual assault. Provide the name and
qualificatio ns of the individu als who provided the training sessions, the specific topics of the training sessions,
the dates the training sessions were held, and a list of students who attended t he training sessions;
Describe all other outreach and educational efforts taken by the College to address and prohibit sexual
harassment and sexual violence. Please include information on any task force created by the College to address
these issues, and include the names and titles of all individuals involved in the task force, the specific issues the
task force was created to address, the date the task force was created, and the efforts made to date by the task
force;
Provide or explain the College's procedures for referring criminal matters involving sexual violence to law
enforcement authorities. Identify the College employee responsible for coordinating responses to incidents of
sexual violence with College and local po lice. State wh et her there is a College Police Department that plays a
role in handling sexual harassment and sexual violence complaints , and describe the Police Department's
involvement;
Describe the College' s system for tracking and maint aining information on incidents of sexual harassment or
sexual violence . Include the name and title of the person who maintains complaints, investigative materials, and
findings regarding these incidents.
Provide copies of all student and employee surveys regarding incidents of sexual harassment and/or whether a
hostile environment on th e basis of sex exists on campus conducted since the fall of 2011. Provide the results of
those surveys.
1

 )

( )

The Incident inyo lving the Studen t :
of the allegectinddent;
10. The names of the female students who informed the Professor on-!(b){6);(b)(7(C)
11. The name of the male student interviewed by the Director of Safety and Security who identified the members of
the fraternity who watched the livestream video;
12. The names and witness notes of each individual interviewed as part of the investigation of the incident involving
the Student;
13. Please exp lain the information that was provided to the Student prior to the Judicial Board Hearing, including a
copy of the judicial pointers sheet and hearing notice;
14. Please provide a chronology of all communica tions between yourself or Melissa Elliot, with the Student prior to
and after the Judicial Board Hearing. Please provide the date of each conversation and/or meeting, describe
what was discussed, and provide OCR with a copy of the documentation that was provided to the Student at
each meeting;
15. Please state whether the Student was interviewed as part of the inv estigation of the incident prior to the Judicia l
Board Hearing; if so, please provide OCR with a copy of the witness statement and/or investigative notes of the
interview;
16. Please state whether !(b)(6);(b)(7(C)
l and l(b){6);(b)(7(C)
! were interviewed as part of the investigation of
the incident prior to the Jydicial Board Hearing; if so, please provide OCR with a copy of the witness statements
and/or investigative notes of the interview;
17. Please state when the Student was provided with the documentary evidence and written findings from the
investigato rs in advance of the Judicial Board Hearing; please provide OCR with a copy of this communication. If
the documentary evidence and written findings were not shared with the Student prior to the Judicial Board
Hearing, please state why not;
18. Please identify the witnesses that were called by the College to testify at the Judicial Board Hearing; if no
witnesses were called by the College, please state why not;
19. Please provide OCR with a copy of the hearing transcript/recording;
20. Please state whether the alleged victim had any meetings with yourself prior to, or after the Judicial Board
Hearing, regarding the incid ent. Please provide the date of each meeting, and the substance of each
conversation;
21. Please provide OCR with a cop y of the l(b){6); (bJ(7(
C) email sent from Melissa Elliott to the Student, with any
attachments;
22. Please provide OCR with a copy of the i(b)(6);(b)(7(C) Icommunication from Melissa Elliott to the Student regarding
the appeal procedures;
23 . A list of all individuals present at the Judicial Board Hearing, including the investigator and any witnesses called;
and
24. Please state when an Educational Conference was convened with th e Student, with whom and provide OCRwith
any documentation that was provided to the Student at the Educational Conference.

l

I

Thank you in advance for your cooperation and assistance. If you have any questions, please fe el free to call or email
me.
Thank you,
Beth Gellman-Beer

From: Anderson, Wanda [ mailto:Wand a.Anderson@wesley.edu]
Sent: Wednesday, September 23, 2015 10:03 AM
To : Gellman-Beer, Beth
Subject: FW: OCR 3 (final)
Beth,
FYI Please see the email below explaining the data in this email.

2

 ·.)

)

Take Gentle Care,
Wanda

From: Elliott, Melissa
Sent : Wednesday, September 23, 2015 8:55 AM
To: Anderson, Wanda
Subject: OCR 3 (final)
Hi Wanda,
This is email 3 of 3. The first email has the spreadsheet and a chun k of 2014-2015 cases. The second email has the
remaining 2014 -2015 cases and some 2013 -2014 cases. This email has the remaining 2013- 20 14 cases, the Powerpoint
for the student Title IX training, and a document with the inform at ion abo ut w itnesses for hear ing cases.

Melissa Elliott
Assistant Dean of Students / Director of Reside nce Life

--------Grea t Things Await
Wesley College
120 North State Street
Dover, DE 199 0 1
Melissa.Elliott@wesley.edu
Direct: 302.736.2586

Website: http : //www.wesle y.edu

3

·---

·-

 1)
Gellman-Beer, Beth
From:

Sent:
To:

Cc:
Subject :
Attachment s:

Anderson, Wanda <Wanda.Anderson@wesley.edu >
Tuesday, October 13, 2015 3:00 PM
Gellman -Beer, Beth
-DiBianca, Margaret (mdibianca@ycst.com)
FW: OCR 2nd Response (1 of 2)
Appendices .doc; Flowchart.pptx; Iowa Report 9-18-2008.pdf; Mode l Sex Crimes Policy
for School FINAL 3-11-13-DSA.doc; NotAlone -OCR QA.ppt x; Process-Confirmation of
Report-Rights and Support Letter.doc; Process-Declining Student Conduct Action
Form.doc; Process-Investigatio n of Sex Offenses in Higher Education Investigative
Process.doc; Process-Investigative Checklist.doc; Process-Investigative Report
Template .doc; Process-Possib le Interim Actions.doc; Process-Sample Log.xlsx; ProcessSample Title IX Administrative Process.doc

Hello Beth,
Please below answers to questions 1-5. Additiona l email to follow w ith additional do cu mentation for questions 1-5.
Take Gentle Care,
Wanda

From: Elliott, Melissa
Sent: Tuesday, October 13, 20 15 1:40 PM
To : Anderson, Wanda
Subject : OCR 2nd Response (1 of 2)
l.

and 2. - Please see Title IX policy

3. May 18-21, 2015 Wanda Anderson and Melissa Elliott attended training offered byi{bl{6); {b){7{Cl
j{bl{6l {bl{7(Ci Attached are many of the fi les we received as part of the training. Please let us know if you would li ke us to
scan copies of each of the documents.
Indiv idua ls who presented during this training:
(b)(6); (b)(7(C)

September 11, 2015 Brian Belcher, title ix coordinator, Renee McG lothlin, titl e ix coord inator and Fran Riddle, title ix
conduct board member attended a session with Melissa Elliott on Title IX conduct boards. Materia ls used were the Title
IX policy and Student Code of Conduct.
1

 (

)

.)

!

October 2, 2015!(b)(6);(b)(7(C)
attended a session with Melissa Elliott, Assistant
Dean of Student on Title IX conduct boards. Mater ials used were the Title IX po licy and Student Code of Conduct.
4. Dr. Karen Panunto, title ix coordinator and Wanda Anderson, title ix coordinator presented genera l information
11
session on anti-harassment and sexual misconduct for faculty August 19t , 2014. Responsib le emp loyee on-line training
111
for 2014 is set for October 19 •
5. Student Title IX Powerpo int is attached. Meli ssa Elliott did 3 sessions for first year students on 8/22/15. Melissa
Elliott did 3 sessions for upper class students on 8/25/15. Attached are two sign-in sheet documents. Me lissa Elliott
qualifications - !(b)(6); (b)(7(C)
Wesley

!

College Chief Conduct Officer and Tit le IX Coord inator for Student Conduct and Sexual Assault, Tit le IX training through
! May 2015.
!(b)(6);(b)(7(C)

Great 1nings Await
Wesley College
12 0 North State Street
Dover, DE 19901

Melissa .Elliott@wesley.edu
Direct: 302. 736.2586
Website: http://www.wesley.edu

From: Elliott, Melissa

Sent: Tuesday, October 13, 2015 1:40 PM
To: Anderson, Wanda

Subject: OCR 2nd Response (1 of 2)
Wanda,
Here are questions 1-5 with attachments.
about:

I have highlighted some parts that you may have additional information

1. and 2. - I believe these would be covered by our Title IX policy
policy?

**Wanda, Do you just want to attach the Title IX

3. May 18-21, 2015 Wanda Anderson and Melissa Elliott attended training offered by!(b)(6); (b)(7(C)
l(b)(6); (b)(7(C! Attached are many of the files we received as part of the training.
Indiv iduals who presented dur ing this training:

- rX6)
;

(bX7(C)

2

 )

.,

(b)(6); (b)(7(C)

'

September 11, 2015 Brian Belcher, Renee McGlothlin, Fran Riddle attended a session w ith Melissa Elliott -on Tit le IX
conduct boards. Materia ls used were the Title IX policy and Student Code of Conduct.
October 2, 2015 !(b)(6) ; (b)(7(C)
!attended a session with Melissa Elliott on Tit le IX conduct boards. Materials used were
the Title IX policy and Student Code of Conduct.
**What othe_rtraif1ings are people attending? (Renee, Brian, Karen)?
4. ** I don't have any information on training offered to faculty and staff, other than the training we are planning to
offer currently.

5. Student Tit le IX Powerpoint is attached. Melissa Elliott did 3 sessions for first year students on 8/22/15. Melissa
Elliott did 3 sessions for upper class students on 8/25/15. Attached are two si n-in sheet documents. Mel issa Elliott
Wesley
qualifications - (b)(6) ; (b)(?(C)
College Chief Conduct Officer and Tit le IX Coordinator for Student Conduct and Sexual Assault, Title IX training through
D. Stafford and Associates May 2015.

Melissa Elliott
Assistant Dean of Students / Director of Residence Life

______ ______
__
________
--------..

·-

·- -------

- ---- -----·-··-

Great Things Await
Wesley College
120 North State Street
Dover, DE 19901
Melissa.Elliott@wesley.edu

Direct: 302.736.2586
Website: http://www.wesley .edu

From: Anderson, Wanda

Sent: Wednesday, September 30, 2015 4 :28 PM
To: Elliott, Melissa
Subject: FW: OCR 3 (final)
When you get sometime tomorrow. Please take a look at these questions and see how many we can answer .
3

..--··----·

 From: Gellman-Beer, Beth [mailto:Beth.Gellman-Beer@ed.gov]

Sent: Wednesday, September 30, 2015 12:05 PM
To: Anderson, Wanda
Subject: RE: OCR 3 (final)
Dean Anderson:
I apologize, I over looked one additiona l question. As part of the doc umentation for !(b)(6); (b)(7(C)
!the College
included various text messages sent from the victim. Can you please advise to whom the text messages were sent, and
how the College obtained a copy of them?
Thank you,
Beth Gellman-Beer

From: Gellman-Beer, Beth

Se nt: Wednesday, September 30, 2015 8:25 AM
To: 'Anderson, Wanda'
Subject: RE: OCR 3 (final)
Dean Anderson:
Thank you for your prompt attent ion to this matter and prov iding the data in a timely fashion. I have reviewed all of the
data that you have prov ided to date, and I have additiona l data needs, which are more fu lly described below. Please
forward this information to me within 20 calendar days:
Policies and Procedures

l.

2.
3.

4.

5.

6.

Policies and procedures that relate to the obligation of faculty, staff and other employees to report possible
sexual harassment or sexual assault of which they are aware;
Policies, procedures and/or a description of how campus police and local law enforcement are invo lved with
comp laints alleging sexual harassment and/or vio lence;
A detailed description of al l train ing regarding all training regarding sex discrimination, including any training
covering sexual harassment and sexual assault, provided to the College's Title IX Coordinator(s), the indiv iduals
involved in the investigation or hearing process for complai nts of sexual harassment and sexual assault, and/or
other College staff from August 2012 to present. For each of the trainings, please include the name(s) and
qualifications of the individual(s) who provided the training sessions, the date(s) the training was provided , the
audience the tra ining targeted , and copies of any materials used or distributed at the training , including
presentation slides;
A detailed description of train ing provided to College faculty and staff since August 2011 addressing the
College's policies and procedmes on sexual harassment and sexual vio lence, including their responsibil ity to
report possible harassment. Include the date(s) provided and the names, titles, and qualifications of the
individual(s) who provided the training(s); lists of attendees; and the positions of the attendees. Provide cop ies
of any material provided during the training includin g, presentat ion slides, if available;
All education and training materials provided to students on the College's policies and procedures on sexual
harassment and sexual assault described above from August 2011 to the present. Please include a list of
training sessions given to students on sexual harassment and sexual assault. Provide the name and
qualifications of the individuals .who provided the training sessions, the specific topics of the training sessions,
the dates the training sessions were held, and a list of students who atte nded the tra ining sessions;
Describe all other outreach and educational efforts taken by the College to address and prohibit sexual
harassment and sexual violence. Please include information on any task force created by the College to address
these issues, and include the names and titles of all individuals involved in the task force, the specific issues the
task force was created to address, the date the task force was created , and the efforts made to date by the task
force;

7. Provide or explain the College's procedures for referring crimina l matters invo lving sexual violence to law
enforcement authorities. Identify the College emp loyee responsible for coordinating responses to incidents of
sexual vio lence with College and local police. State whether there is a College Police Department that plays a
4

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)

role in handling sexual harassment and sexual violence complaints, and describe the Police Department 's
involvemen t;
8.

Describe the College's system fo r tracking and maintainin g information on incidents of sexual harassment or
sexual violence. Includ e the name and title of the person who maintains complaints, invest igat ive materials, and
findings regarding these incidents.

9.

Provide copies of all student and employee surveys regard ing incidents of sexual harassment and/or whether a
hosti le environment on the basis of sex exists on campus conducted since the fall of 2011. Provide the results of
those surveys.

The Incident involving the Student:

·10. The names of the fema le studen ts who informed the Professor on!(b)(6); (b)(7(C)
!of the alleged incident;
11. The name of the male stude nt interviewed by th e Director of Safety and Security who identified the members of
the fraternity who watched the livestr eam video;
12. The names and witness notes of each ind ividu al interviewed as part of the investigat ion of the incident invo lving
the Student;
13. Please explain the information that was provided to the Student prior to the Judicial Board Hearing, including a
copy of the judicial pointers sheet and hearing notice;
14. Please provide a chrono logy of all communications between yourself or Melissa Elliot, with the Student prior to
and after the Judicia l Board Hear ing. Please provide the date of each conversation and/or meeting, describe
what was discussed, and provide OCR with a copy of the documentation that was provided to the Student at
each meeting;
15. Please state whether the Student was interviewed as part of the investigat ion of the incident prior to the Judicial
Board Hearing; if so, please provide OCRwith a copy of the witness statement and/or investigative notes of the
inte rview;
and !(b)(6); (b)(7(C)
were interv iewed as part of the investigation of
16. Please state whethe r !(b)(6);(b)(7(C)
the incident prio r to the Judicia l Board Hearing; if so, please provide OCRwith a copy of the witness statements
and/or investigative not es of the interview;
17. Please state when the Student was provided with the documentary evi dence and written findings from the
investigators in advance of the Judicial Board Hearing; please provide OCRwith a copy of this commun ication. If
the documentary evidence and written findings were not shared with the Student prior to the Judicial Board
Hearing, please state why not;
18. Please ide ntify the witnesses that were called by the College to test ify at the Judicial Board Hearing; if no
witnesses were called by the College, please state why not;
19. Please provide OCRwith a copy of the hearing tran script/recording;
20. Please state wh ether the alleged victim had any meet ings with you rself prior to, or after the Judicial Board
Hearing, regardi ng the incident. Please prov ide the date of each meeting, and the substance of each
conve rsation ;
21. Please provide OCRwith a copy of the ilblf6l:/bl(7(Cl Iemail sent from Melissa Elliott to the Student, with any
attachments;
22. Please provide OCRwith a copy of the !(b)(6); (b)(7(C)!co mmunication from Melissa Elliott to the Student regarding
the appeal procedures;
23. A list of all individuals present at the Judicia l Board Hearing, includ ing the investigator and any witnesses called;
and
24. Please state when an Educationa l Conference was convened with the Student, with whom and provide OCRwith
any documentation that was provided to the Stud ent at the Educat iona l Conference.

l

I

Thank you in advance for your cooperation and assistance. If you have any questions, please feel free to call or email
me.
Thank you,
Beth Gellman-Beer

5

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r)

From: Anderson, Wanda [mailto:Wanda.Anderson@wesley.edu]
Sent: Wednesday, September 23, 2015 10:03 AM
To: Gellman-Beer, Beth
Subj ect: FW: OCR 3 (final)
Beth,
FYI Please see the email below explaining the data in this email.
Take Gentle Care,
Wanda

From: Elliott, Melissa
Sent: Wednesday, September 23, 2015 8:55 AM
To : Anderson, Wanda
Subj ect: OCR 3 (final)
Hi Wanda,
This is email 3 of 3. The first email has the spreadsheet and a chunk of 2014-2015 cases. The second email has the
remaining 2014 -2015 cases and some 2013-2014 cases. This email has the remaining 2013 -2014 cases, the Powerpo int
for the student Title IX training, and a document with the information about witnesses for hearing cases.

Melissa Elliott
Assistant Dean of Students / Director of Residence Life

Great Things Await
Wesley College
120 North State Street
Dover, DE 19901

Melissa.Elliott@wesley.edu
Direct: 302.736.2586
Website: http://www.wesley.edu

6

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Gellman-Beer , Beth
From :

Sent :
To:

Cc:
Subject :

Gellman - Beer, Beth
Thursday, October 22, 2015 8:15 AM
'Anderson , Wanda '
Niedzalkoski, Amy
RE:Tit le IX Posters

Thank yo u.
-----Original Message--- -From: Anderson , Wanda [mailto :Wanda .Anderson@wesley .edu]
Sent: Thursday, October 22, 2015 8 :14 AM
To: Gellman-Beer, Beth
Subjec t: RE:Title IX·Posters
Hi Beth,
I sent an email request to Melissa for the documents . I will get it to you as soon as possible.
Take Gentle Care,
Dean Anderson
----- Original Message----From : Gellman-Bee r, Beth (mailto:Beth.Gellman -Beer@ed .gov]
Sent: Thursday , October 22, 2015 6:59 AM
To: Anderson, Wanda
Cc: Niedzalkoski, Amy
Subject : RE: Title IX Posters
Dean Anderson:
In an !(b)(6); (b)(7(C) ~ mail from Melissa Elliott to the President she stated that the Student reached out to her to ask
about the procedures fo r the hearing, and, on !(b)(6); (b)(7(C) she sent him a hearing notice, along with a judicial pointers
sheet, and some information about having an advisor , via emai l. At your earliest convenience, please provide us with a
copy of that email, and the atta chments that were sent with it, including the judicial po inters sheet .

I

Thank you,
Beth Gellman -Beer
-----Original Message----From : Anderson, Wanda [mailto :Wanda.Anderson@wesley.edu]
Sent : Wednesday , October 21, 2015 5:46 PM
To: Gellman -Beer, Beth
Subject: Re: Title IX Posters
Do we have a judici al pointers form?
Sent from my iPhone
> On Oct 21, 2015, at 4 :55 PM, Gellman-Beer, Beth <Beth.Gellman-Bee r@ed.gov> wrote :
>
> Dean Anderson:

 \

)

(

)

> Thank you for the responses. The only attachments I received are the posters and security report. Can you please
forward the other attachments referenced below to my attention? In addition, although I received all of the documents
regarding the Student 's hearing and appeal, it does not appear that I received the judicial pointers sheet that he
received . Please forward that to my attention as well.
> Thank you ,
> Beth Gellman -Beer
>

> ----- Original Message ----> From : Anderson, Wanda [mailto:Wanda.Anderson@wesley.edu]
> Sent: Wednesday, October 21, 2015 3:56 PM
> To : Gellman-Beer , Beth
> Subject: FW: Title IX Posters
>
> Hi Beth,

> Here is an additional set of attachments from our poster sires that we post across campus throughout each semester
which we began in Fall 2013.

>
> I drank too much flyer
> they didnt say NO flyer
> TITLE IX IS NOT JUST EQUITY IN ATHLETEStitle ix poster YOU ARE NOT
> ALONE
>
> And answers to your questions :

> 1.

Provide or explain the College's procedures for referring criminal matters involving sexual violence to law
enforcement authorities. - When a student notifies the Campus Safety and Security Office of a sexual assault, the
following will occur : Campus Safety and Security will respond to the location on campus, ensure that the student is safe,
and provide the student with emergency medical assistance. Campus Safety and Security will protect the crime scene,
contact the local law enforcement agency, if necessary, and assist in the preservation of evidence. Identify the College
employee responsible for coordinating responses to incidents of sexual violence with College and local police - The
College's Director of Safety and Security coordinates with local police. State whether there is a College Police
Department that plays a role in handling sexual harassment and sexual violence complaints, and describe the Police
Department's involvement - There is no College Police Department.

> 2.Describe the College's system for tracking and maintaining information on incidents of sexual harassment or sexual
violence . The information is documented in the daily Blotter and Crime Log, additionally Incident Reports are completed.
Include the name and title of the person who maintains complaints - !(b)(6); (b)(7(C)
!(b)(6); (b)(7 investigative materials, and findings regarding these incidents. Department of Safety and Security and Student
Affairs .

I

I

> 3.Prov ide copies of all student and employee surveys regarding incidents of sexual harassment and/or whether a
hostile environment on the basis of sex exists on campus conducted since the fall of 2011. Provide the results of those
surveys. No Surveys have been administered.
> The Incident involv ing the Student :
> 4.The names of the female students who informed the Professor on !<b)(5); (b)(?(C)
!of the alleged inc)dent; The
students requested to remain anonymous.
> 5.The name of the male student interviewed by the Director of Safety and Security who identified the members of the
fraternity who watched the live stream video ; The male student requested to remain anonymous.
> 6.The names and witness notes of each individual interviewed as part of the investigation of the incident involving the
Student; All the names and details of their interviews conducted by the Director of Safety and Secur ity are documented
in the Incident Report maintained by the Department of Safety and Security. See attached security report.
> 7.Please explain the information that was provided to the Student prior to the Judicial Board Hearing , including a copy
of the judicial pointers sheet and hearing notice; documents sent in earlier email, under " interim suspension " .
> 8.Please provide a chronology of all communications between yourself or Melissa Elliot, with the Student prior to and
after the Judicial Board Hearing. Please provide the date of each conversation and/or meeting, describe what was
2

 ' )

'

discussed , and provide OCR with a copy of the documentation
attachment sent in email.

l
.I

that was provided to the Student at each meeting; email

> 9.Please state whether the Student was interviewed as part of the investigation of the incident prior to the Judicial
Board Hearing ; if so, please provide OCR with a copy of the witness statement and/or investigative notes of the
interview; All the names and details of their interviews conducted by the Director of Safety and Security are
documented in the Incident Report maintained by the Depar t ment of Safety and Security. Please see security report.
> 10.Please state whethe ri (b)(6); (b)(7(C)
land !(b)(6); (b)(7(C)
!were interviewed as part of the investigation of the
incident prior to the Judicial Board Hearing; if so, lease provide OCR with a copy of the witness statements and/or
as interviewed prior to the Judicial Board hearing and the
investigative notes of the interview ; (b)(6); (b)(?(C)
Security Director documented the information he provided in his report which is attached.
> 11 . The student was a bystander who reported who requested to remain anon'ymous.
> 12. The Director of Campus Security condu cts all investigations, his information is listed on the security report.
> 13. The basic proc ess was explained to !(b)(6); (b) !during his interim suspension meeting. The attached email was sent
to him on lfb)(6); f !with more information about the process. (Email titled "Judicia l Hearing Board " ) 14. I have attached an
email I sent to Dr . Johnston detailing the communication wit~ (b)(6); (b) !. (Email titled " Conduct Process Information " ).
Other email communications attached also ("RE: App anonymous eal of Expulsion ", "Fwd. : Appeal of Expulsion ", and
"Appeal Letter " ).

> 15. The studen t. was not interviewed until prior to the student conduct case.
> 16. On ly !(b)(6); (b)(7(C)
Iwas interviewed before the hearing . Please see attached security report .
> 17. No, he was not provided with written findings as this is not part of the process at Wesley.
> 18. Witnesses called were !(b)(6); (b)(7(C)
> 19. Recordings are deleted after the appeal is completed or appeal window ends.

I

!for approximately 10mins when the alleged victim
> 20. Dean Anderson encountered the alleged victim !(b)(6); (b)(7(C)
was seated in in the Dean of Students office while waiting for her turn to be called by the student conduct board.
Dur ing this time the Dean gave !(b)(6); ~ hug and asked how she was doing. !(b)(6); !responded that she did not know why
she need to go through this process because l{bl/6): {bXi is her best friend and that he told her he and other men only
heard talking and nothing else during the incident. Dean Anderson stated that it is rare that someone in!(b)(6); (b)(7(
position could say anything that he thought would hurt her.

I

> 21. Email is attached. ("Judicial Board Hear ing") 22. Emails are attached. ("Sanction Assessment" and "Appeal Request
Form") .
(b..:.
)(.6:.:..
:..); .:..
(b..:.
)(7..:.
(C
...;
)____________
__.
> 23. The following people were present during the entire board hearing: L!
(b)(6); (b)(7(C)
Investigator and case presenter Walt Beaupre, Conduct Officer Melissa
E liott. Witnesses (b)(6); (b)(7(C)
were present only during the time they gave their
statements . The referred students were present to hear the initial readin of the report and then individually to present
their statements: (b)(6); (b)(7(C)
. !(b)(6); !brought his attorney as his
brought (b)(6); (b)(7 as his advisor. (b)(6); (b)(7(C)
did not bring advisors .
advisor and ~
> 24 . Educational Conferences are not held for sexual misconduct cases as Title IX does not allow for those cases to be
decided at the mediation level. The case went straight to a conduct board .
>
> Extra question : The text messages were sent to i(b)(6); (b)(7(C)
> believe they were subm itted to Wesley by eithe ~(b)(6); (b)(7(C)
> (attached in earlier email)
>

>

> Take Gentle Care,
> Wanda

3

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I )

Gellman-Beer, Beth
From :

Sent :
To :

Cc:
Subject:
Attac hment s:

Elliott , Me lissa < Me lissa.Elliott @wesley.edu >
Thursday, October 22, 2015 3:09 PM
Anderson , Wanda ; Gellman -Beer, Beth
Niedzalkoski, Amy
RE:Title IX Posters
Jud icial Hearing Board; Conduct process informat io n; REAppea l of Expulsion; Fwd
Appeal of Expulsion; Appeal Letter; Sanction Assessment ; Appeal Request Form

Good afternoon ,
I have provided notes in green:

8.Please provide a chronology of all communic ations between yourself or Melissa Elliot , with the Student prior
to and after the Judicial Board Hearing. Please provide the date of each conversation and/or meeting, describe
what was discussed, and provide OCR with a copy of the document ation that was provided to the Student at
each meeting; email attachment se nt in 1:mail. ( I did not rece ive an attachment in y our Octoher 21 email ). .\ll ol
the uuached dl)cu1111
.:11ls :ire Ili c cl 1ir1mu11ica tio 11. rhc :tl lnchm enl lilk·d ..Con d uct Prnccss l11fi.rnnatin11·· :tls11
d\.·t:111';1111..·
cumnrnnicatin11 I)\ date.
13. The basic process was explained to !(b)(6); (bX!during his interim suspension meeting. The attached email was
sent to him on !Cb
)(6); < !with more inform ation about the proce ss. (Email titled "Judi cial Hearing Board") 14. I
have attached an email I sent to Dr. .Johnston deta iling the co mmuni cat ion with!Cb)(6)
;{b)(
7 l (!·:mail titled "Conduct
Process Information'' ). Othe r emai l communi catio ns urtachcd also (" RE: /\pp anon ymou s cal orExpulsion".
"F,.,.d.: Appeal of Expulsion" . and "/\p pea l Lette r") ( I did not rec ei ve these attachm ents in yo ur Octobe r 2 l
ema il). I he ;Hlachmrn ts with llwsc titles are a ll inc ludt.:don this emai l.

21. Email is attached. ("Judicia l Board Hearing") ( I did not rece ive this attachment in your Octobe r 2 1 email).
'\Jn\\ m1;1-:l1t.:d
.

22. Emails are attached. ("Sanction Assessment" and "Appeal Request Form"). (I did not rece ive this
attachmctll in ynur October 21 email ). '\1)\\ at1acl1t:d .

Meliss a Elliott
Assistant Dean of Stud ent s/ Dir ector of Resid ence Life

--

t;JW~,~~y
,
Great 'lbi ngs Await
Wesley College
120 :S./orthState Str ee t
Dover, DE 1990 1

Melissa.Elliott@weslev.edu
Direct: 30 2.7;16.2586
Website: htt p: // www.wesley.edu

 . 'J

(

Gellman-Beer, Beth
From:

Sent:
To:

Cc:
Subject:
Attachments :

Anderson, Wanda <Wanda.Anderson@wesley.edu >
Wednesday, October 28, 2015 3:53 PM
Gellman-Beer, Beth
Niedzalkoski, Amy
RE:Onsite discussion
OCR Meeting Time Slots.docx

Hello Beth,
I misunderstood your message dated 10/21/2015, I thought you wanted our office to set up the meetings with
7 <;..
everyone. We will remove l(b)(6); (b)(7(C)
!(who we sent an ema il to) and a.;!
(b...;.
)~(6...;.
);..;.
(b~)
(...;.
C~) -------------'
!(b)(6); !(who we reached out to via telephone) their contact information is listed below .

•

(b)(6) ; (b)(7(C)

•
•
•
•
•
•
•
•
Scheduling for faculty and staff is completed. Please see attached.

President Clark would like to meet with your team for a "In Brief" to hear about your objectives for the day and an "Out
Brief" to hear about next steps before you leave on the last day.
Please let me know if I can be of any further assistance.
Take Gentle Care,
Wanda

From: Gellman-Beer, Beth [mailto:Beth.Gellman-Beer@ed.gov]
Sent: Wednesday, October 28, 2015 12:15 PM
To: Anderson, Wanda
Cc: Niedzalkoski, Amy
Subject : RE: Onsite discussion
Importa nce: High
Unfortunately Amy and I have a CLEthat we are attending from 1:30-Spm today. Because we won't have an opportunity
to chat today, I will clarify a couple of items in this email:
•

First, thank you for not ifyin g the campus community of our onsite. I understand that the ema il blast stated that
the Administrative Assistant to the Office of Student Affairs will be sending out a formal walk-in schedule on
Friday, fo r those who would like to meet with us. To ensure privacy, when the Administrative Assistant sends
out the formal walk-in schedu le, we ask that she only list the times and locatio ns where we will be available to

 1)
meet with studen ts and/or staff individually, and prov ide my and Amy's contact information for ind ividuals to
schedule a time to meet with us then, or via te lephone at another day/time. We prefer that students and/or
staff are not directed to schedule a t ime to meet with us through the Administrative Assistant. The following is
our contact information:
o Beth Gellman -Beer, Supervisory Attorney, 215-656-693 5, beth.gellman-beer@ed.gov
o Amy Niedzalkoski, Team Attorney, 215-656-8571, amy.niedzalkoski@ed.gov
•

We understand that the College emailed !(b)(6); (b)(7(C)
land
!(b)(6) ; (b)(7(C)
and asked that they contact the Administrative Assistant for Student Affairs to confirm a time that
best fits their schedule to speak with us. We prefer instead for the College to provide us with the contact
information for these students so that we can arrange to speak with th em at a day/time outside the onsite
visit. Please do not include interviews with these students on the onsite schedule. We will arrange to speak
with them privately at a day/time that is conven ient for them. Please forward to us each student's contact
information as soon as possible so that we may begin making contact with each of them.

I

•

You may remove the College President from the interv iew schedule, unless he wou ld lfke to speak with us at the
end of the day on November 3 when we discuss our pre liminary find ings and next steps.

If you have any questions, please let me know.
Thank you,
Beth Gellman-Beer

From: Anderson, Wanda [mailto:Wanda .Anderson@wesley.edu]
Sent : Wednesday, October 28, 2015 11:55 AM
To : Gellman-Beer, Beth
Cc: Niedzalkoski, Amy
Subject : RE: Onsite· discussion

How about 1:30pm or 2pm, I have another meeting at 1pm.
From: Gellman-Beer, Beth [mailto:Beth.Gellman -Beer@ed.gov]
Sent: Wednesday, October 28, 2015 11:30 AM
To: Anderson, Wanda
Cc: Niedzalkoski, Amy
Subje ct : RE: Onsite discussion

Would 1pm work?
Thank you,
Beth Gellman-Beer
From: Anderson, Wanda [mailto:Wanda.Anderson@wesley.edu]
Sent: Wednesday, October 28, 2015 11:29 AM
To : Gellman-Beer, Beth
Cc: Niedzalkoski, Amy
Subj ect : RE: Onsite discussion

Hello Beth,
Please forgive my delayed response. We had an incident from last night that has requ ired my immediate attention. Is
there a time this afternoon that we can chat?
Take Gentle Care,
Wanda
2

 ()

( ),,

From: Gellman-Beer, Beth [mailto:Beth.Gellman-Beer@ed .gov]
Sent: Wednesday, October 28, 2015 9:20 AM
To: Anderson, Wanda
Cc: Niedzalkoski, Amy
Subject: Onsite discussion
Importance: High
Dean Anderson :
I understand that the College provided email notice to the College community of our upcoming visit. Thank you for
sending the notice, and for scheduling the relevant interviews. Do you have a moment to chat this morning with myself
and the team attorney, to discuss the remaining logistics/details?
Thank you ,
Beth Gellman-Beer, Esq.
Supervisory Attorney
U.S. Department of Education
Office for Civil Rights
Wanamaker Building
100 Penn Sq. East, Suite 515
Philadelphia, PA 19107
T: 215-656-6935
F: 215-656-8605

3

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OCR Meeting Time Slots
November 2, 2015
NAME

10:00
am

10:00

11:00

11:00

1:00

1:00

2:00

2:00

3:00

3:00

4:00

4:00

am

pm

pm

pm

pm

pm

pm

pm

pm

pm

pm

(b)(6); (b)(7
(C)

45mins
Walter
Beaupre

*

(Director of
Security)

60mins
(b)(6) ; (b)(7(C)

*
45mins
{b){6); {b){7
(C)

*
45m ins
(b)(6); (b)(7
(C)

*
30mins
Melissa
Elliott
{Assistant Dean
of
Students/D irect
or of Residence
li fe)

*

90mins
Wanda
Anderson
(Dean of
Students )

30mins
President
Clark
30mins

Opening
meeting
Opening
meeting

 )

)
November 3, 2015

NAME

10:00
am

10:00
am

11:00
pm

11:00
pm

1:00
pm

1:00
pm

2:00
pm

2:00
pm

{b){6); {b){7

3:00
pm

3:00
pm

4:00 pm

(C)

*
30mins
Wanda

Out Brief
and Next
Steps

Anderson
(Dean of
Student s)

30mins
President

Out Brief
and Next
Steps

Clark
30mins
15-30mins

***Highlighted times are currently available . ***

4 :00
pm

 Gellman - Beer, Beth
From :

Sent :
To:

Cc:
Subject:
Attachments :

Anderson, Wanda <Wanda .Anderson@wesley.edu >
Wednesday, March 30, 2016 9:44 AM
Gellman - Beer, Beth
'DiBianca, Margaret (mdibianca@ycst.com)'
Title IX Updates for Wesley College
Title IX Policy Feburary 2016.doc; Confirmation of Report-Rights and Support
letter.docx; Copy of Title IX Investigation Check list.xlsx; Educational Conference
Acknowledgement.doc; Investigative Report Template .docx ; Process-Declining Student
Conduct Action Form.doc

Hello Beth,
I hope this message finds you well. As per your feedback on your visit in early November, I am sending updated copies
of additions to Wesley College's Title IX process.

I will make myself available should you have any questions pertaining to these documents and/or our Title IX Program.
Take Gentle Care,
Wanda

Wanda Anderson
Dean of Students

Great 'Things Await
Wesley College
120 North State Stre et
Dover, DE 19901
Wanda .Ande rson@wesley.ed u
Direct: 302.736.2443
Website: http: // www.wesley.edu

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of the Freedom of Information and Privacy Act

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 ( J
llNITE D ST/\Tl· :s OEP/\RTl'vll ·:NT or 1-:l)UCAT ION
OFFICE FOR CIV IL Rl(JH I"S

THE WANAMAKER BUILDING, SUITE 515
100 PENN SQUARE EAST
Pl IIL/\ DELPI II/\, PA 19107-3323

REGION Ill
DELAWARE
KENTUCKY
MARYLAND
PENNSYI.VANII\
WE~, VIRGINIA

October 12, 2016

IN RESPONSE, PLEASE REFER TO: 03-15-2329
Robert E. Clark lI
President
Wesley College
120 North State Street
Dover, DE 1990 I
Dear President Clark:
This letter is to inform you that the U.S. Department of Education (the Department), Offic e for
Civil Rights (OC R) , has completed its investigation of the above-referenced complaint filed
agains t Wesley College (the College). The Complainan t alleged that the College di scrimin ated
against her son (the accused Student) on the basis of sex when it subjected him to an inequitable
grievance and appeal process in April 2015 .
OCR investigated this complaint under the authority of Title IX of the Educa tion Amendmen ts of
1972 (Title IX), and its implementing regulations, 34 C.F.R. § 106, which prohibit discrimination
on the basis of sex in education programs and activities that receive Federal financial assistance
from the Department.
The College receives Federal financial assistance funds from the
Department and, therefore , is subject to the requirements of Title IX and its implementin g
regulations.
The accused Student was a senior at the College during the 2014-2015 school year. On March
31, 2015, the accu sed Stude nt was accused of planning and implemen ting the live streaming of a
female stude nt engaged in a sexual act with another male student (Student 1) sometime over the
weekend of March 20-22, 2015 , without the female student's knowledge. On Apri I I, 201 5 the
College notified the accused Student that he was charged with violating the College's Sexual
Misconduct Policy. Following the Judicial Board Hearing on April 7, 2015 , the College expelled
the accused Student.
The OCR complaint was filed on May 14, 20 15, asserting that the accused Student did not
participate in the planning or implementation of the live streaming, and that the College violated
Title IX by failing to conduct an equitab le investigation and resolution of the incident.
OCR inves tigated whether the College provided prompt and equitable responses to sexual
harassment and sexual assault complaints , reports, and /or other incidents of which it had notice ,

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Page 2 - President Robert E. Clark II
including the incident involving the accused Studen t and three other accused male students
(Stude nts l, 2, and 3) who were also alleged to have been involved in the incident.
During the investigation, OCR reviewed documentation provided by the Complainant and the
College, including relevant College policies and procedures and case files related to reports of
sexual harassment and sexua l viole nce at the College from August 2013 through April 2015,
interviewed the Complainant in June 2015, and conducted an on-site to the College and
interviewed the accused Student, othe r students , and staff in Novembe r 2015.

SUMMARY OF FINDINGS
The College is required under Title IX to respond to allegations of sexua l hara ssmen t or sex ual
violence when it knows. or reasonably should know. about possible sexual harassment or sexual
\·iolencc. In unt.lenaking this responsibility , the College must have an equita ble proct!ss that
ensures that the rights of survivor s and those or the accus ed are protected .
OCR's role , after the College has responded to the allegations, is not to reinvestigate the
underlying incident or substitute its judgement for that of the College. Rather , OCR's role in
investigati ng T itle IX sexua l hara ssment and sexual violence allegations is to determine whethe r
the College's grievance procedures for the resolution of comp laints. such as those utilized for
this complaint, are prompt and equitable and have been properly implemented.
For the reasons briefly stated below, and discu ssed further in the letter. OCR determined that the
College failed to adopt and implement Title TX grievance policies and procedures that fully
comply with the requirements of Title IX. Specifically. the College failed to impkmen l several
provisions of its Title IX policies and procedures during the processing of the complaint
involving the accused Student, including when ii suspended, and later expelled him for sexual
misconduct. The College thereby denied the accused Student procedural protections to \Vhich hi.!
was entitled under Title TX. and under the College· s own written procedures. OCR also had
concerns regarding College's failure to maintain the recording of the he.iring in the accused
Student's case. OCR also dctennined that the College handled several other reports of sex ual
harassment and sexua l violence from August '.2013through April 2015 in an inequitable manner.
OCR also found that the College's Notice of Non-Discrimination and its two (2) policies and
procedu res to address Title IX comp laints that were in effect at the time of the incident, as well
as the February and June 2016 revi sions to them, did not fully comply with Title IX.
Spec ifically, the Notice of Non-Discrim ination did not identify the individual at the College
responsible for investigating and resolving Title IX complaints and was not widely publicized.
In addition, at all relevant time periods during OCR's investigation, the College's Title IX
Policies and Procedur es did not provide adequate notice to stude nts and employees regarding
where complaints may be filed and did not maintain designated and reasonably prompt
timeframes for all stages of the grievance process.
OCR also found that the College's
designatio n and notice of the College's Title IX Coordinator does not comply with Title IX.
Further , OCR's investigatio n identified concerns regarding whether the College has
appropriately designated responsible emp loyees obligated to report possible sexua l violence to
school officia ls, provided adequate training for the Title IX Coordinator, Title IX Team, and all
other College staff and employees regarding the College's grievance procedures, as well as
responsible employee designations and obligations to respond to requests for confidentiality.

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Page 3 - Presiden t Robert E. Clark II
OCR also had concerns regarding the maintenance of hearin g transcripts for sexua l haras sment
an d sexual violence allegations and complaints.
On September 30, 20 16, the College voluntarily entered into a resolution agreement
(Ag reem ent), which was provided to OCR on Octobe r 6, 2016 and requires that the Co llege take
specific step s to address the identified violations and concerns .
This letter summariz es the app licable legal standard s, the evide nce gat hered · <luring the
investigation, OCR's deter mina tions, and the remedies the Co llege has agreed to impleme nt to
ensure co mpliance with Title IX.

LEGALSTANDARD
The regulation implementing Ti tle IX, at 34 C .F.R. § I 06.9, requires a recipient to implemen t
specifi c and continuing steps to notify all applicant s for admission and employment, students and
parents , employees, sources of refe rral of applicants for admission and employment, a nd all
union s or professional organizations holding co llect ive bargaining or profes sional ag reement s
with the recipient that it does not disc rimin ate on the basis of sex in its educa tion programs or
activities , and that it is required by Title [X not to discriminate in such a manner. The Notic e of
Non-Discrimination must also sta te that quest ions regarding Title IX may be refe rred to the
recipient's Title IX coordinator or to OCR.
Th e Titl e IX implementing regulation , at 34 C.F.R. § 106.8(a), requires that a recipient designate
at least one employee to coord inate its responsibilities to comply with and carry out its
responsibilities under that law. The Title IX Coordinato r responsibilities include overseeing the
school ' s response to Title IX reports and complaints, and identify ing and addressing any patterns
or systemic problems revealed by such reports and complaints; and the refore, the Title IX
Coordinator must have knowledge of the requirement s of Title IX, the schoo l' s own policies and
procedure s on sex discrimination, and of complaints raising Title IX issues throughout the
school. The recipient is further requi red, by the Title IX implementing regu lation at 34 C.F .R. §
106.8(a), to notify all students and emp loyees of the name (or title), office address, and telephone
numb er of the desig nated employee(s).
The Title IX regulati on at 34 C.F.R. § I 06.31 provide s generall y that , except as provided
elsewhere in the regulation, no person shall on the basis of sex be excluded from participation in,
be denied the benefits of, or be subjected to discrimination in education programs or activities
operated by recipient s of Federal financial assistance. Sexual harassment that creates a hostile
environme nt is a form of sex discrimination prohibited by Title IX. Sex ual harassment is
unwelcome co nduct of a sexual nature . Sexual harassment can include unw elcome sexual
advances, requests for sexual favors, and other verbal , nonverbal , or physical conduct of a sexual
nature , such as sexual assault or acts of sexual violence. Sexual harassment of a student creates a
hostile enviro nment if the conduc t is sufficiently serious that it interferes with or limit s a
stude nt's ability to participate in or benefit from the recip ient's prog ram or act ivity.
OCR co nsiders a variety of related factors to determine if a sexually hostile environment has
been created and considers the conduct in question from both an objecti ve and a subjective
perspective. Factors examined include the degree to which the misconduct affected one or more
stu dents ' education; the type, frequency , and duration of the misconduct; the identity of and
relationship between the alleged harasser and the subject or subjects of the harassment; the

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Page 4 - President Robert E. Clark 11
number of individuals involved; the age and sex of the alleged hara sser and the subject of the
harassment, the size of the school, location of the incidents , and the context in which they
occ urred; and other incidents at the scho ol. The more seve re the co nduct , the less the need to
show a repetitive series of incidents; this is particularly true if the harassment is phy sical. A
si ngle or isolated inc ide nt of sexual harassment may, if sufficiently severe, crea te a hostile
envirorunent. For example, a single instance of rape is suffi c ient ly severe to create a hostile
envirorunent.
Once a recipient knows or reasonably should know of possible sexua l harassment. Title IX
requi res a recip ient to take immediate and app rop riate actio n to inves tiga te or othe rwise
determ ine what occ urr ed; and if the cond uct occu rred, whether it created a hostile envirorunent
for the harasse d stud ent(s) and for others. [f an inves tiga tion reveals that sex ual harass ment
created a hostile e nvironment. a recipient must take prompt and effec tive steps reasonably
calcula ted to end the hara ssment , eliminate any host ile env ironm ent, prevent the haras sment
from recurring and, as app ropriate , re medy its e ffects.
The se dutie s are a recipient ' s
responsibility , regard less of whef her a stude nt has complained, asked the reci pient to take action ,
or identified the harassment as a form of discrimination. A recipien t has notice of haras sment if
a responsible employee actually knew or, in the exercise of reasonable care, should ha ve known
about the harassment. If a recip ient delays responding to allegations of sexual hara ssme nt or
respo nds inappropriately , the recipient's own act ion may subject the student to a hostile
environment. If it doe s, the recipient wi ll be required to remedy the effects of both the initial
sexua l harassment and the effects of the recipient 's failu re to respond promptly and
appropriately. A recipient's obligation to respond appropriately to sexual haras sment complaints
is the same irrespective of the sex or sexes of the parties involved .
A recipient is responsible unde r the Title IX regulations for the nondi scrimin atory provi sion of
aid, benefits, and services to stude nts. Recipients generally provide aid, benefits, and services to
studen ts through the respon sib ilities they give to employees. If an employee who is acting (or
who reasonably appears to be acting) in the co ntext of carryi ng out the employee's
responsibilities either conditions an educational decision or benefit on a student's submiss ion to
unwelcome sexual conduct, or engages in sexua l harassment that is sufficiently serious to de ny
or limit a student's ability to participate in or benefit from the program on the basis of sex, the
recipient is responsible for the di scrimi natory conduc t and for remedying any eff ects of the
harassment on the complainant, as well as for ending the harassment and prevent ing its
recurrence. This is true whether or not the recipient has notice of the harassment.
The Title IX regulation, at 34 C.F.R. § 106.8(b), requires recipients to adop t and publish
grievance procedures providing for the prompt and equitable resolution of complaints aJleging
action that would be prohibited by Title IX, including sexual harassment and sexual violence.
OCR has identified a number of ele men ts in the determining if grievance procedures are prompt
and eq uitable for both parties, including whether the procedures provide for: (a) notice to
students and employees of the procedures , including where complaints ma y be filed, that is
easily understood, easily located, and widely distributed; (b) application of the procedures
regar ding complaints alleging discrimination and harassment carried out by e mplo yees , students,
and third parties; (c) adequa te, reliable , and impartia l investigation, including an opportunity to
present wit nesse s and evidence; (d) designated and reasonably prompt timeframes for major
stages of the grievance process; (e) written notice to the parties of the outcome and any appeal;
and (t) an assurance that the institution will take steps to funher prevent harassment and to
co rrect its disc riminatory effects, if appropriate. Title IX does not require a recipient to provide

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Page 5 - President Robert E. Clark l l

'

separate grievance procedures for sexual harassment complaints, including sexual violence
complaints . A recipient may use studen t disciplinary or other separate procedures for these
complaints; however, any procedures used to adjudicate complaints of sexua l harassment or
sexual assault, including disciplinary proceedings, must afford survivors and the accused a
prompt and equitable resolution.

BACKGROUN D
Wesley College is a private college located in Dove r, Delaware, and has one campus. During the
2014- 2015 academ ic year , the time period in which the incident at issue in the OCR complaint
occurred, the College had a total enrollment of 1,615 students, of whom 1,528 were
under graduates. Of the undergraduate students, 826 (54%) were female and 701 (46%) were
male. 1 During the 2015-2016 academic year , the College had a. total enrollment of 1.571
undergraduate students , of whom 895 (57%) were female and 676 (43%) were male.
Pursuant to the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics
Act, 20 U.S.C . § 1092 (Clery Act), the College reported zero (0) forcible sex offe nses in 2011,
two (2) forcible sex offenses in 2012, one (I) forcible sex offe nse in 2013, and one (l) rape· in
2014.

FACTS AND ANA LYSIS
1. Not ice of No n-Disc rimination 2
The College's Notice of No n-Disc rimination was published in the 2015 -2016 undergraduate and
graduate course catalogs, the College's emp loyment weblink, 2015-20 16 Student Nursing Guide,
Nursing Graduate Program Student Handbook , and Staff Handbook (undated). It did not appear
in the 2014-2015 or 2015-2016 Student Handbook. The Notice of Non -Discrimination does not
identify the Title IX Coordinator or any individua l at the College responsible for investigating
and resolving Title IX complaints. In addition, none of the publications in which the Notice of
Non -Discrimination appears, except the Staff Handbook , states that complaints may be referred
to OCR. The reference to OCR in the Staff Handbook, however, provides the incorrect address
for OCR.
OCR concludes that the College's Notice of Non-Discrimination does not comply with the
requirements of Title IX, as it 1) does not identify the individual at the College responsible for
investigating and resolving Title [X complaints, and 2) is not included in the Student Handb ook
and, therefore, is not widely distributed.

2. T itle IX Coordinator and Trainin g of Title IX Tea m
In June 2013, the College hired the Dean of Students, and shortly thereafter she also took on the
role of Title IX Campus Site Coordinator, acting as the College's Tit le IX Coordinator (hereafter
the Dean of Students will be referred to as the Title IX Coordinator). The Title IX Coordinator
1

Source: National Center for Education Statisticshttp:// nces.ed .gov/globa Ilocator/index.asp?search= I &Sta 1e=-&citv= &zi pcode~ &mi Ies=e
&itemna me""weslev"f<c
ollege
&~ortby=name&School= I&PrivSchool= I&College=I&CS=9J\6F8015
1
At all times relevant, the College utilized the same Notice of Non-Discrimination .

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Page 6 - President Robert E. Clark II
reported that she immediately began the process of initiating, dratting, and implementing new
Title IX policies and procedures and oversight over Title IX comp laint s, as well as designating
specific responsibilities to members of the Title IX staff. In January 2015, the College created a
Title IX Team to assist with its efforts to carry out its duties under Title IX, and in February
2015, the College implemented the Title IX Policy and Procedures, which replaced the College·s
previous anti-ha rassment policy.
As of February 2015, prior to the date of the incident that is the subject of this complaint, the
Title IX Team consisted of the Title IX Coordinator, the Central Coordinator for AntiHarassment, the Central Coordinator for Student Conduct and Sexual Assault (the Student
Conduct Coord inator), the Central Coordinator for Athletic Compliance , the Central Coordinator
for Disability Support, and the Central Coordinat or for Hostile Environment. Although not
designated or identified in the February 20 l 5 Title IX Policy and Procedures , the Director of
Security operated as a member of the Title IX Team.
Prior to October 2015, the Studen t Conduct Coordinator investigated all Title IX complaints
involving studen ts and also maintained all documentation regarding all Title IX complaints that
were forwarded to her from the other Title IX Team members.
The Student Conduct
Coordina tor was responsible for submitting a spread sheet summariz ing all the Title IX incidents
for the Title IX Coo rdinat or's review.
In October 2015, the College hired an additional Central Coordinator for Student Conduct and
Sexual Assault, who is referred to as the "Title IX Educator/Investigator,'' and in Februa ry 20 l 6
the College changed several titles/roles of the Title IX Team Members. Namely, the Director of
Secu rity was designated as a member of the Title IX Team, and the Title IX
Educator/Investigator took over many of the roles that were previously held by the Student
Conduct Coordinator, described above. The Title IX Educator/Investigator also serves as the
investigator /advocate for survivo rs. Another individual serves as the investigator /advocate for
accused students . Although the Title IX Coordinator's title changed from the Title IX Central
Coordinator to the "Coo rdinator/Gatekeeper," her respon sibilitie s stayed the same. Specifically,
the Title IX Coordinator is respo nsible for reviewing all incidents to identify repeat offenders,
problematic locations, and times of the year when the highe st number of incidents occur, and is
responsible for maintaining oversight over Title IX training and Title IX outreach efforts.
During OCR's onsite, College staff outside of the Title IX office told OCR that they were aware
of the Title IX Coordinato r, the Student Conduct Coordinator, and their duties.
The names, titles, and contact information for the members of the Title IX Team were publ ished
in the College's February 20 15, February 2016 and June 2016 Title IX Policy and Procedures,
in its 2015-2016 Studen t Handbook, and on its Title IX information Page. The Title IX
Information Page, however, has not yet been updated to include the Director of Security as a
member of the Title IX Team. In addition, at all times during OCR's investigation, the Title IX
Team members detailed in the Title IX Policy and Procedures were not consistently detailed in
the Title IX Information Page.
The College provided OCR with documentation demonstrating that the Title IX Coordinator and
Student Conduct Coordinator attended Title IX training in May 2015, and in September 2015,
the Central Coordinator for Disability Support, the Student Conduct Coordinator, the Title lX
Educator/Investigator, and one of the hearing members attended a session on Title lX conduct
boards. The May 2015 training reviewed OCR resolution letters and agreements and various

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Page 7 - President Robert E. Clark TT
model Title IX investigative docum ents. The September 20 15 training revie\.ved the College's
Title LY Policy and Procedures and Student Code Procedures set forth in the Student Handbook.
In addition, the College provided OCR with documentation demonstrating that in October 2015,
the Assistant Director for Res idence Life and Student Conduct Coordinator attended a Title IX
session that reviewed the Title IX Policy and Procedures and the Student Conduct Procedures set
forth in the Student Handbook.
While OCR did not firid violations regarding the establishment of the role and responsibilities of
the Title IX Coo rdinator and the Title IX Team from March 2015 through June 20 l 6, for several
reasons OCR has co ncerns regarding the adequacy of the training provided to Title IX Team
members. Spec ifically , as described more fully below, the Tit le IX Team members who
investigated and resolved the complaint that was brought against the accuse d Student misapplied
the College's Title IX Policies and Pm cedures, resulting in an inequitable process that did not
meet the requireme nts of Title IX. Moreover , also as discussed further below, OCR found
severa l other instances of inequitable Title IX compla int investigations in the College's 2013 to
2015 case files. Additionally, and as discussed below , the Title IX Team members provided
conflicting information regarding the College's obl igations in respon se to requests for
confidentiality, and hearing panel members, whose work is facilitated by certain Title IX Team
members, lacked clarity about the preponderance of evidence standard which is provided for in
the College's Title IX Policies and Procedure s. OCR also notes that the role of Central
Coordinator for Anti-Harassment was not clear to the Title IX Team members. Thus, OCR has
concerns that the T itle IX Coordinator and/or other Title IX Team members were inadequately
trained to effectively fulfill their Title IX responsibilities.

3. Grievance Procedures
At the time the incident was reported to the College, the College utilized two polic ies to address
complaints of sexual harassment, including sexual assault/violence: (l ) Title IX Policy and
Procedures that were adopted in February 20 15 and (2) Student Conduct Proc edures that were
published in the 20 14-2015 Studen t Handbook. The College also maintained a Title IX
Information Page that provided genera l information abou t Title IX and resources at the College .
The Title IX Policy and Procedures were revised in February and June 2016.

Title IX Policy and Procedures
The Title IX Policy and Procedures apply to all complaints of sexual harassment and sexual
assault involving students, ,employees , or third parties and specifically states that it is applicable
regardless of the status of the parti es involved, including members or non-members of the
campus community, students, student organizations, faculty, administrato rs, and/or staff. In
addition, it provides the contact information for the Title IX Team.
The Title IX Policy and Procedures provides definitions for all forms of harassment, including
sexual harassment and sexua l misconduct/assault.
In addition, the Tille IX Policy and
Procedures states that the College considers non-consensual sexual intercourse violations to be
the most serious, and therefore typic ally imposes the most severe sanctions, including suspension
or expulsion for students and termination for employees. It also explicitly states that acts of
sexual misconduct may be committed by any person upon any other person, regardless of the
sex, gender, sexual orientation, and/or gender identity of those involved.

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The Title IX~olicy and Procedures also prohibits retaliation and states that the College will ·
implement initi al rem ed ial and responsive and/or protective actions upon not ice of alleged
harassment, retaliation, and/or discrimination, and provides exa mples of inte rim an d remedi a l
act ions offe red by the Co llege.
The Title IX Policy and Procedures desc ribes in detail the process for investigating and resolving
complaints of sexual hara ssment and/or sexual assault.
Specific ally, any memb er of the
community , guest, or .v isito r may file a comp lai nt with any member of the Title IX Tea m, who
will contact the Title IX Coo rdinat or w ithi n 24 hour s. The Title IX Policy and Procedures state
tha t within two business days of the receipt of a complaint, an initial dete rmi nation is made
whethe r a policy vio lat ion may have occu rred and/o r whethe r "co nflict reso lution," a mediation
process, migh t be appropriate. If the incid ent does not appea r to allege a policy violation or if
conflic t resolution i.s des ired and is approp riate, then the investigation does not proceed. If an
investigation does proceed, the Title IX Policy and Procedures states that the College aims to
complete the investigation and resolution of the complaint within a 60 business day time peri od ,
which can be exten ded as necessary for app ropriat e cau se by the Title IX Team , with notice to
the p·arties.
If the co mplaining party wishes to pursue a formal investigation, or if the College decides to
pursue a formal investigation based on the alleged policy violation, then the Title IX Coordinator
appoints a Title IX Team member to conduct the investigation. During interviews with OCR,
two Title IX Team members stated that the Director of Security, althou gh not identified as a Title
IX Team member in the February 2015 Title IX Policy and Procedur es, con ducts all Title IX
investigations.
According to tne Title IX Policy and Procedures, investigations of incidents shou ld be completed
expeditiously, normally within l O business days, unless initi al interviews fail to provide direct
first-hand information. In addition , the Title IX Policy and Procedures states that the Coll ege
may undertake a short delay (three (3) to ten ( 10) days) when criminal charges on the ba sis of the
same behav iors that invoke the student conduct process are be ing investigated.
Howeve r,
College action will not be alte red or precluded on the grounds that c ivil or criminal charges
involving the same incident have been filed , or that char ge s have been dismiss ed or reduced.
The Title IX Policy and Procedures permits the College to suspend a student , employee, or
orga nizatio n on an interim basis pending the completio n of the investigatio n and provides
procedures that are to govern the inte rim suspe nsion process. Specifically, the Title IX Policy
and Procedures states that, in all cases in which an interim suspensio n is imposed, the accu sed
will be given the opportunity to mee t with the Title IX Coordinator prior to such interim
suspension being imposed, or as soo n thereafter as reaso nably possible, to show why the interim
suspen sion should not be implemented. In addition, during an interim suspe nsion, a student may
be denied access to classes, but at the discreti on of the appropri ate ad mini strative officer or the
Tit le IX Tea m, alte rnative coursework options may be pursued to ensure as minimal an impact as
possib le on the accused student.
The Title IX Policy and Procedures states that all investigations will be thorough, reliable and
impartial, and will entail interview s with all relevant parties and witnesses. In add ition, the Title
IX Policy and Procedures states that during or upon the completion of the invest igation, the
investigators will meet with the Title IX Team and make a deci sion reg arding whether ther e is
rea sonable cause ·to proceed. If the Tit le IX Team decide s that no policy violation occu rred, or

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Page 9 - President Robert E. Clark I l

--

that the preponderance of the evidence did not support a finding of a policy violation, then the
process will end. If there is reasonable cause, the Title IX Team will direct the investigation to
continue, and if there is a preponderance of evidence of a violation, then the Title IX Team may
recommend that the matter be resolved in one of three ways: (1) Conflict resolution, (2)
Resolution without a hearing, or (3) the formal hearing processes.
Conflict resolution is described as a mediation facilitated by the Title IX Coordinator that
it is often used for behaviors that are inappropriate but less serious , and is encouraged as
:in alternative to the formal hearing process to resolve conflicts. The Title IX Policy and
Procedures states that it is not necessary to pursue conflict resolution first in orde r to
'·make" a formal investigation, and anyone participating in conflict resolution can stop
that process al any time and request a formal hearing. While the Title IX Policy and
Procedures states that conflict resolution is not the primary resolution mechanism used to
add ress grievances of sexual misconduct, it also states that it may be made available after
the fonna l process is completed, should the parties and \he Tit le IX Coo rdinat or believe
that it could be beneficial.
·• · Resolution without a hearing is described as a process in which the responding party may
choose to admit responsibility for all or part of the alleged violations at any point in the
process. The Title IX Policy and Procedures states that resolution without a hearing can
be pursued for any behavior that falls within the policy, at any time during the process.
This section of the Title IX Policy and Procedures states that the Title IX Coordinator
will provide written notification of an investigation to any member of the College
community who is accused of an offense of harassment, discrimination or retaliation.
The Title IX Coordinator will meet with the responding individual to explain the
finding(s) of the investigation, at which time , the respon ding party may choose to admit
responsibility for all or part of the alleged policy violations.
If so, the Title IX
Coord inator will render a finding that the individual is in violation of College policy and
the Title IX Team will recommend an appropriate sanction or responsive action.
• Formal hearings are applicable for grievances that are not appropriate for conflict
resolution and which are not resolved without a hearing.
•

If the complaint proceeds to a formal hearing, the Title IX Coordinator will initiate the hearing
and appoint a non-voting panel Chair and three hearing panel members, none of whom have been
previously involved with the investigation. Hearing panels may include both faculty and nonfaculty employees, with at least one faculty employee se lected in an invest igation involving a
faculty member. Students do not serve on hearing panels, except in cases of lesser student-onstudent investigations. OCR learned that a key Title IX Team member participates in Judicial
Board Hearings as a non-voting member, and also as the individual who determines whether an
appeal should be forwarded to the appeal panel for processing.
At least one week prior to the hearing, the Chair will send a letter to the parties detailing the
alleged violation, applicable procedures and potentia l sanctions; time, date and location for the
hearing; and offer of an advisor. Hearings will be convened usually within one to two weeks of
the completion of the investigation. The Title IX Policy and Procedures states that the Chair will
exchange the names of witnesses the College intends to call, all pertinent documentary evidence,
and any written findings from the investigators "be tween the parties," at least two business days
prior to the hearing. In addition, all parties are to have ample opportunity to present facts and
arguments in full and question all witnesses during the hearing, though formal cross-examination
is not used between the parties. Following the hearing, the hearing panel wi ll deliberate in

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Page IO - President Robert E. Clark fl
closed sess ion and will base its determination on a preponderance of the evidence. lf an
individua l is found respons ible, the panel will recommend appropriate sanctions to the Title IX
Coo rdinator. The Title IX Policy and Procedures allows both parties to appeal the findings
and/or sanctions of the panel hearing. In February 2016, the College revise d the Title IX Policy
and Procedures. The revisions did not change the manner in which the College invest igates and
resolves Title IX compla ints, but rather, provided clarifying information rega rding the name and
role of each Title IX Team member and designated the Director of Security as a member of the
Title IX Team. ln Februar y 2016 , the College also provided OCR with model documents to be
utilized during the investigation and/or resolution of a sexua l misconduct complaint , including an
investigative Report Template, sample of a Confirmation of Report-Rights and Support Letter,
Declining Student Conduct Action Form, and an Educational Conference Acknowledgement
Form.
In June 2016, the College made additio nal revisions to the Tide IX Policy and Procedures. Once
again, the revisions did not change the manner in which the College ia.vestigates and resolves
Title IX compla ints, but instead, revised the name of the Title IX Team to the "Title IX Advocate
Team ," and replaced the "Alco hol Education and Programming Coordinator" with a "Cen tral
Coordinator for Human Resources Advocate. ,.J

Studen t Conduct Procedures"
The Student Conduct Procedures are con tained in the Student Handbook, which set forth the
procedures the College will use in order to investigate and resolve alleged violations of the Code
of Conduct. The Student Conduct Procedures, detailed in the 2014-15 Student Handbook,
provide that, once an incident or violation of the Code of Conduct has been reported, the first
step will be an educational conference, in which the accused student will be given the
opportunity to exp lain his versio n of events. Educational confe rences are held by trained
Judicia l Hearing Officers. Each accused student is assigned a conduct officer for their
educationa l conference. During the educational conference, the accused student and the conduct
officer meet to informally discuss the incident. If the conduct officer determines that a policy
has not been violated, then the case and any related judicial charges may be dismissed. If the
cond uct officer maintains that the policy has been violated, the accused student is given the
option of accepting responsibility and thus waiving the right to a formal Judicial Board Hearing
and having the officer issue judic ial sanctions. When this occurs, the case is considered resolved
at the conclusion of the educational conference. Students who do not feel that they have violated
the Student Code of Conduct have a second option, which is to request a forma l Judicial Board
Hearing. Students may request that witnesses be called to testify, and students may also invite a
member of the faculty or staff to act as an advisor during the hearing. At the conclusion of the
3

Because the February and June 2016 revisions to the Title IX Policy and Procedures did not change the manner in
which the Colleg e investigates and resolves Title IX complain ts, unless otherwise noted as the February or June
2016 Title IX Policy and Procedures, any general reference to the "Title IX Policy and Procedures" refers to
infonnation that consistently appears in each version of the Title IX Policy and Procedures.
4
fn the incident involving the accused Stude nt, OCR's investigation found that the Student Conduct Procedures
contained in the Student Handbook were provided to the accused Student to guide him through the investigative
process. Thus, even though College staff infonned OCR that the procedures set forth in the Title IX Policy and
Procedures were to govern the processing of the complaint involving the accused Student, the accused Student
believed that the Studen t Conduct Procedures in the Student Handbook governed the processing of the complaint.
Accordingly, OCR also assessed the Student Conduct Procedures for compliance with the requirements of Title IX.

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Page I I - President Robert E. Clark II
hearing, the board members meet in closed sessio n to determine its dec ision, and , in the event
that the student is found responsible, the board will recommend appropr iate sanctions. Both
parties are permitted to appeal the outcome of an Administrative or Judicial Board Hearing.
The 2015-2016 Student Handbook included a disclaimer stating that all incidents of sexual
misconduct are processed under the College's Title IX Policy and Procedures. The 20 14-2015
Student Handbook that was in effec t at the time of the incident in this complaint did not contain
such a disclaime r, even though College staff members told OCR that, at the time of that incident,
se xual misconduct complaints were being proces sed under the Title IX Policy und Procedures.

Title TXInformation Page
As of at least September 2015 through September 2016 , the Title IX Information Page on the
College 's website provided general informati on regarding Title IX, definitions , the College's
responsibilities under Tit le IX, contact information for the Title IX Team, an incident report to
be utilized to report any incident of sexua l harassment and/or sexual violence, a desc ripti on of
the College's reporting option s, and a list of resources with contact information . The Title IX
Policy and Procedures and Title IX Information Page appear together as links on the College's
Title IX webpage.
OC R concludes that the Title IX Policy and Procedures adequate ly states that they apply to
complaints alleging discrimination or harassment carried out by emplo yees, students and third
parties. Specifica lly, the Title IX Policy and Procedures appropriately states that any member of
the corrunun ity, gues t, or visitor who believes that the Policy has been violated should contact a
membe r of the Title IX Team. The Title IX Policy and Procedures also appropriate ly states that
it applies to behaviors that take place on the campus, at co llege-sponsored eve nts, and may also
app ly off-ca mpus and to actions online, and that the College will take additional prompt reme dial
and/o r disciplinary action with respect to any member of the community, gues t or visitor who has
been found to engage in harassing or discriminatory behavior or retaliati on. In addition, the Title
IX Policy and Procedures states that its procedur es for conducting and resolving an investigat ion
applies to students , staff, or faculty members , and redress and requests for responsiv e actions
involving non-members of the community are also cove red.
OCR also concludes that the Title IX Policies and Procedures, as written, provide for an
adequate, reliable, and impartial investigation, including an opportunity to present witnesses and
evide nce. Specific ally, the Title IX Policy and Procedures expl icitly states that all investigations
will be thorough , reliab le, and impartial, and will entail interviews with all relevan t parties and
witnesses , obtaining ava ilable evidence and identifying sources of expe rt information, if
necessary. However, as descr ibed more fully below, OCR's investigation revealed that the
College failed to follow this state d practice in the incident involving the accused Student, and
with regard to many o f the other incide nts of sexual harassment and/o r sexual violence
investigated by the Co llege during the 2013-2014 and 2014-2015 academic years.
OCR also concludes that the Title IX Policies and Proced ures adequately provides for written
notice to the parties of the outcome and any appeal. Specifica lly, the Title IX Policy and
Procedures states that the Title IX Coordinator will inform the accuse d individual and the party
bringing an investigation of the final determination within two (2) to three (3) busi ness days of
the hearing. In addition, the Title IX Policy and Procedures states that the Title IX Coordina tor
will render a written decision on the appeal to all parties within two (2) to three (3) business days

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Page 12 - Presi<lcnl Robert E. Clark Il
from the hearing of the appeal. Howeve r, as described more fully below, OCR's investigation
revealed that the College failed to provide written final determinations in several incidents of
sexual harassment and/or sexual violence investigated by the College during the 2013-2014 and
2014-2015 academic years.
Last, OCR concludes that the Title IX Policies and Procedures adequately provides an assu rance
that the College will take steps to prevent further harassment and to correct its discri minat ory
effects on the complainant, if appro pria te. Specifically, the Title IX Policy and Procedures states
that the College may provide interim remedies intended to address the short-term effects of
harassme nt, discrimin ation, and/or retaliation to redress harm to the alleged survivor and the
community and to prevent further violations. In addition, the Title IX Policy and Procedures
describe the various sources of remedial support for survivors, as well.
OCR's investigation also determined, however, that the Title IX Policies and Procedures are not
folly complaint with Title IX. Spec ific ally, the College's policy providing for discontinuation of
investigation if a student waived a right to a forma l Judici al Board Hearing, when give n that
op tion, violates Title IX. OCR also found that the College violated Title IX by failing to provide
adequate notice to student s, employee s, and third parties of the procedures and by fail ing to
provide designated and reasonably prompt timeframes for all stages of the grievance process, as
described more fully below:

a. Notice
At all relevant times, the Title IX Policy and Procedures and the Title IX Information Page
included contact inform ation for different Title IX Team members . The June 20 l 6 Title IX
Policy and Procedures provid es contact information for a Central Coordinator for Human
Resources Advocate, but the current Title lX Information Page provides different contact
inform at ion for an individual designated as the Title IX Coordinator for Hostile Environm ents.
In addition , as noted above, the Title IX Information Page has not yet been updated to include the
Director of Security as a member of the Title IX Team, even though he appears as a member of
the Title IX Team in the June 2016 Title IX Policy and Proc edures.

b. Designated and reasonabl y prompt timeframes
The Title IX Policy and Procedures states that all employees recei ving reports are expected to
promptly contact the Title IX Coo rdinator within 24 hours. In addition, the Title IX Policy and
Procedures also states that the College aims to comp lete the investigation and resolution of
complaints within a 60 business-day time period, which can be extend ed, as necessary, for
appropriate cause and with notice to the parties. Moreover , the Title IX Policy and Procedures
states that investigations should be completed within ten (10) business days, and that hearings
will be convened usually within one (I) to two (2) weeks of the completion of the investiga tion,
and that the parties will be informed of the hearing determination within two (2) to three (3)
days.
OCR has severa l conce rns regarding the College 's timeframe s. The Title IX Policy and
Procedures do not provide any timeframes for the appeal panel to make a determination. In
addition , typicall y, a 60 calendar, not business, day period is considered an appropriate guidepost
to investigate and reach resolution for a Title IX ma~er. Also, OCR has concerns that the time
period utilized to investigate and resolve some of the College's sexual hara ssment and sex ual

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Page 13 - President Robert E. Clark II
violence cases between 2013 and 2015, including the accused Student's case, may have been too
short to allow for equitable investigations and resolutions. See discussion below.

c.

Other Concerns

OC R also identified the following concerns with regard to the Title IX Policy and Procedures
and Stude nt Conduct Procedures:
•

•

•

•

•

The College's Title IX Policy and Procedures and Student Conduct Procedures do not
1:!X
plicitly bar conflict resolution in matters involving sexual harassment or sexu al
violence , even if only util ized after the formal process is completed.
The Title IX Policy and Procedures state that within two business days of the receipt of a
co mplaint an initial dete rmination is made whether a policy violation may have occurred,
whic h may not provide sufficient time for the College to meet its responsibility to
investi gate and determine whether steps are necessary to ensure student safety, both for
students directly involved and for others who may expe rience a hostile environment.
A key Title IX Team member participates in Judicial Board Hearin gs as a non-votin g
member, and also as the individual who determines whether an appeal should be
forwarded to the appeal panel for processing. This may present a conflict of intere st if
the Title IX Team member has any oversight over the investigation of sexual misconduct
complaints.
The 2014-2015 Student Handbook that was in effect at the time of the incident involving
the accused Student did not include a disclaimer directing individuals to the Title IX
Policy and Procedures. Thus, prior to the 20 15-2016 academic year, in which a
disclaimer was inserted into the Student Handbook , individuals may have mistakenly
believed that the Student Conduct Procedures set forth in the Student Handbook applied
to incidents involving sexual misconduct.
The Title IX Policy and Procedures and the 20 14-15 Student Conduct Procedures that
were in effect at the time of the incident involving the accus ed Student were
contradi ctory, with each providing a different process for the resolution of the complaints
of sexual haras sment and/or sexual violence.

In addit ion, and as discus sed below, to the extent the College's policies contain many of the
required Title IX procedural requirements , the College did not implement many of those
procedural requirements in the investigation and resolutio n of the incident involving the accused
Stude nt.

4. Responsible Employees
The Title IX Policy and Procedures and the Student Conduct Procedures contained in the
Student Handbook, provide for three reporting categories : ( 1) confidential reporting , (2) forma l
reporting, and (3) quasi -confidential reporting:
The confidential reporting option provided for in the Title IX Policy and Procedures permits
survivors to report an incident of sexual harassment or sexua l violence to certain designated
individuals who will maintain the survivor's confidentiality except in extreme cases of
immediacy of threat or danger or abuse of a minor. On-campus confidential reporte rs include
campus counse lors, the employee assistance program, and on-campus clergy /chaplains. The
Title IX Policy and Procedures further states that the on-camp us resources cite d above will

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P,age 14 - President Robert E. Clark II
submit anonymous stat istical information for Clery Act purposes only, unless they believe it
would be harmful to the reporting individual.

.~

,

The Title IX Policy and Procedures · formal reporting option provides that formal reports may be
made to the Title IX Team and that privacy is afforded to the reporter because only a small group
of offic ials who need to know the information will be told. The Title IX Policy and Procedures
states that information will be shared as necessary with investigato rs, witnesses and the
responding party, and that the circle of people with this knowledge will be kept as tigh t as
possible to preserve the individual 's rights and privacy.
Pursuant to the Title IX Policy and Procedures, most resou rces on campus fall in the middle of
these two extremes , meaning that neither the College, nor the law, requires them to divulge
private information that is shared with them, except in rare circum stance s.
The Student Conduct Procedures set forth in the 20 14-2015 Student Handbook provides
information regarding this third reporting option, which is referred to as "quasi-confidential
reporting," describing it as:
·
....

You can seek advice from certain resources who are not required to tell
anyone else you r private, personally identifiable information unless there
is cause for fear for you r safety, or the safety of others. These resources
include those without supervisory responsibility or remedial authority to
address sexual misconduct, such as [Resident Advisors] , faculty members.
advisors to student organizations, career services sta,ff, admissions
officers, student activities personnel, Student Life sta,ff members, and many
others. If you are unsure of someone 's duties and ability to maintain your
privacy. ask them before you talk to them. They will be able to tell you,
and help you make decisions about who can help you best. Some of these
resources. such as RAs, are instructed to share Incident Reports with the
supervisors, but they do not share any personally identifiable information
about your report unless you give permission , except in the rare event that
the incident reveals a need to protect you or other members of the
community.
Eight (8) College staff members interviewed asserted that all members of the College facu lty,
staff, and administration, except for the chaplain and counseling, are required to notify the Tit le
IX Team of all incidents of sex ual misconduct, including all details of the incident that are
shared with them by the survivor, and that this reporting requirement also applies to resident
advisors. Thus, none of these staff members were aware of a quasi-confidential reporting option,
even though it was provided for in the Student Conduct Procedures set forth in the 2014-2015
Student Handbook. Further, when asked to explain what is meant by the quasi-confidential
reporting category detailed in the Student Conduct Procedures, two (2) Titl e IX Team members
stated that they were unsure of the intent of this category given that their understanding was that
all employees on campus were responsible employees except for the campus chaplain, nurse and
counselor.
A responsible employee includes any employee: who has the authority to take action to redress
sexual violence; who has been given the duty of reporting incidents of sex ual violence or any
other misconduct by students to the Title IX coordinator or other approp riate school designee; or

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- Page 15 - President Robert E. Clark II
whom a stude nt could reasonably believe has the authority or duty. · OCR recognizes that any
person with a protessional license requiring confidentiality is not required to report, without the
student's consent, incidents of sexua l violence to the school in a way that identifies the student.
OCR recognizes that some people who provide assistance to students who experie nce sexua l
violence are not professional or pastoral counselors, and thus, schools have the latitude not to
require that these individuals report incidents of sexual violence in a way that identifies the
student without the student 's consent. However, this category should .be .limited and typically
applies, to individuals who work or volunteer in an on-campus sexual assault center, survivor
1
advocacy office, health center, or similar entity. Thus, OCR has concerns that the quasiconfidential category detailed in the Student Conduct Procedures is overly inclusive; to the
extent there are ·staff and persons who may receive confidential reports at the Colle ge, the
number should be very limited.
OCR also has concerns that the College's policies and procedures provide conflicting
information regarding staff reporting obligations and confidential reporting by students. A
schoo l's .Title IX policies and procedures should be ·easi ly understood, but the College's Title IX
Policy and, Procedures do not adequately describe the '.'quasi~confidential" reporting option.
Last, OCR has concerns that the Student Conduct Procedures inappropriately places the burden
on the student to determ ine the duties and abil ity of staff persons or persons affiliated with the
College to maintain privacy.
In additio n, given that none of the College staff members interviewed by OCR were aware of the
quasi-confide ntial reporting category, OCR has concerns that College staff are not adequately
trained regarding the College's policy regarding reporting obligations. A schoo l needs to ensure
that responsible employees with the authority to address sexual harassment and sexua l violence
know how to respond appropriately, and know that they are obligated to report sexua l
harassment and sexual violence to appropriate school officials, and that all other employees
understand how to respond to reports of sexual harassment and sexual violence.
5. Confident iality
The Title IX Policy and Procedures state s that every effort will be made to maintain the privacy
of those initiating a report, and in all cases, the College will give consideration to the party
bringing an investigation with respect to how the investigation is pursued, but reserves the right,
when necessary to protect the community, to investigate and pursue a resolution when an alleged
survivor chooses not to initiate or participate in a formal investigation. By contrast, without
noting the obligation to investigate to the degree possible, the Title IX Information Page contains
a tab entitled "Why is Reporting Important ?" in which it states that "the College is unable to
charge someone who has participated in an act of sexual misconduct or harassment without an
actual survivor comingforwa rd."
Additionally, one Title IX Team member told OCR that if a survivor wishes not to proceed with
an investigation or adjudication, the College will cease its investigative activities. The Team
member further stated that the College will only proceed with investigation or adjudication,
agains t the survivor 's wishes, if there is a risk to the community. Accordi ng to that Title IX
5

In contrast, other Title IX Team members interviewedby OCR told OCR that the College has an obligationto
investigateevery reported Title IX incident, without consideration to the victim's wishes.

 1)
Page 16 - President Robert E. Clark 11
Team member , the Title IX Coordinator is responsible for making the determination as to
whether the College can hono r the survivor's request, or has to proceed with an investigation.
Based on this informati on , OCR has concerns regarding the College's approach to confidentiality
issues. Specifically, the College's Title IX Information Page stating that the College is unable to
proceed without an actual survivor is flawed, as written. The College has an obligation to make
rea sonable efforts to investigate and address instances of sexua l misconquct when it knows or
shoukl have kno~nabout such instances , even when a complainan t chooses not to participate in
an investigation. As such, the information presented in the College's Tille IX /,!formation Page
should be consistent with the information presented in its College's Title IX Policy and
Procedures . where it states that the Co llege will carry out its Title IX obligations to investigate
to the extent possible even when information is provided in a confident ial manner. In addi tion,
OCR has concerns that College staff are not adequately trained rega rd ing the Title IX Policy and
Procedures with respect to confidentiality , given the conflicting information provided by the
Title IX team members during interviews.

6. Ha ndlin g of Crimin al Co mplaints
The Title IX Information Page lists the various reporting options for surv ivors , including
reporting to police for criminal charges, and provides the phone number for the Dover Police
Department. According to a Title IX Team member , whe n a student notifies the Campus Safety
and Security Office of a sexual assault, Campus Safety and Security will respond to the location
on campus, ensure that the student is safe, and provide the studen t with emergency medical
assista nce. OCR observe d that the College followed this practice in four (4) sexua l misc onduct
incident s that occu rred in 2014 and 2015. The Director of Security told OCR that his office
coordinates with loca l police and that he routinely advises survivors who come directly to his
office to report an incident, of their right to file a complaint with loca l law enforcement. He
further informed OCR that, if an incident just took place, or is sufficiently egregious, his office
will contact local law enforcement to secure the scene . He stated, however, that the decision to
involve local law enforcement depends on the facts o f each case.
Based on a review of the College's case files related to reports of sexual harassment and sexual
vio lence from August 2013 through April 2015 , OCR does not have any concerns regarding the
Co llege 's handling of criminal complaints. Specifically, the documentation reviewed by OCR
reflects that the College contacted local law enforcement, when appropriate, and, in accordance
with Title IX, continued with its Title IX investigation notwithstanding of the law enforcement
process.

7. Tr ainin g/Outreac b6
The College conduc ted Title IX training for all employees in November 2015, which addressed:
the definition of Title IX, including the various types of discrimination and harassment; the
individuals protected by Title LX (students, staff, faculty and third parties); the College's
obligatio n to address harassment that may occur off-campus; definitions of the various categories
of employees; definitions of sex discrimination, harassment and assault; bystander intervention ;
confidentiality; retaliation; guidance on how to take a stan d against and avoid engaging in sexual
6

OCR reviewed and assessed the College ' s Title IX training activit ies that occurred during, or after the time period
in which the incident that is the subject of this complaint occurred .

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Page I 7 - President Robert E. Clark lI
harassmen t~ information on various on and ·off campus resources, including the contact
information for the Title IX Coordina tor and other members of the Title IX Team; and case
scenarios. As noted above, even though the training addressed the definitions of the various
employee reporting categories, OCR has concerns regarding the adequacy of the training
provided to the College community given that College staff interviewed by OCR lacked
sufficient undt!rstanding of the various employee reporting options and obligations regarding
confi9entiality.
The Co llege also conducted Title IX training for all student s in the fall 2015 , in which 720
students who lived in residence ball s, and 12 commuter students participated. The College
provided OCR with a copy of the Power Point slides that were utilized during the training , which
reflects that the training: provided an overview of Title IX, including its statutory langua ge;
explained that Title IX applies to a ll forms or sex based discrimination , includin g sexual
haras sment , sexual misconduct, sexual violence and gender-based hara s~ment, and appli es to
students , staff and third parties; clarified that Title IX protects students in any educational
program or activity, even at· school -sponsored off-campus activities; provided a definition of
notice, and further defined what is consi dered a responsible employee; provided an in-depth
definition of sexua l harassment, including sexua l violence, and provided several examples;
included a section on conse nt and retaliation, and bystander interven tion; the duty to report ;
confidential reporting options; and a list of available resources, including the name and contact
information for the Title IX Coo rdina tor and the other T itle IX Team members. A key T itle IX
Team member told OCR that the training was mandatory and that they tracked attendance;
howe~er , it was acknowledged that there was no consequence for non-attendance.
A Title IX Team member stated that the Colleg e also conducted targeted Title IX training for
resident adviso rs during the summer 2015, which add ressed the reporting process, consent,
bystander interve ntion, the influence of alco hol, etc. In addition, as described more fully above,
the documenta tion provided by the College demonstrates that it conducted severa l targeted
training sessions for the Title IX Coordinator, other Title IX Team members and Assistant
Director for Residence Life in 2015. Additionally, the College provided OCR with copies of
poste rs that are located throughout campus since the fall 20 13, providing information regarding
sexua l assault.
During OCR onsite interviews with hearing pan el members, OCR learned they received genera l
training addressing sexual harassment in 2012 by the College's consulting attorney for student
affairs issues. However, the hearing panel members each lacke d clarity regarding the College's
preponderance of eviden ce standa rd .
As noted above, OCR has concerns that the training of the Title IX Team members who handled
various aspects of the complaint against the accused Student was insufficient as several Title IX
Team members eithe r did not follow or misapplied the College's Title IX Policies and
Procedures , resulting in an inequ itable process that did not meet the requirements of Title IX. In
addition, as described more fully above, OCR has concerns that College staff are not adequately
trained regarding the College's policy on requests for confidentiality and reporting obligations,
and that hearing panel members were not trained since 2012. Thus, staff did not have sufficient
knowledge of the requirements of Title IX and the College's own policies and procedures on sex
discrimination in order to effectively implement their role and responsibilities.

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8. Record Keeping Practices
The Title IX Policy and Procedures provides that records of all investigations, resolutions and
hearing will be kept in the President 's Office. The February and June 2016 Title IX Policy and
Procedures modified this provi sion by designating that the materials would be maintained in the
Student Affairs' Office. ~However, in Nove mber 2015 , a key Title IX administra tor informed
OCR that the College's practice is to delete recordin gs of hearings l O days after the conclusion
of the hearing or appeal process, including the recordihg of the accused Student's hearing. The
revised February and June 2016 Tit{e IX Policy and Procedures state that "[alll recordings will be
delt:!tedIO days after lhe conclusion of the hearing or the appeal process:·
A Title IX Team member reported that information regarding incidents of sexual hara ssment or
sexual violence is docul!len~ed in a daily Blotter and Crime log, and Incident Reports are
comp leted by each relevant.Title IX Tearn member. The Team member further provided that the
Safety and· Securi ty .Administrative Assistant maintains documentation of complaints,
investigative materials and findings regarding each incident.
The Title IX Coordinator told OCR that the Student Conduct Coordinator compiles all
information regarding incidents of sexual haras sment, which the Title IX Coordinator reviews on
at least a monthly basis to identify patterns in repeat offenders, events of concern, and locations.
The Title IX Educator / Investigator took over this role once she was hired in October 2015. The
Central Coordinator for Hosti le Environment maintains all documentation of incidents of sexual
harassment involving emp loyees.
OCR has concerns regarding the College's deletion within 10 days of the accused Stude nt' s
hearing record. The College is required to meet its legal obliga tion to comply with the recordkeeping provisions of the Department's regulation .7 While Title IX does not require a recipient
to make a recording of hearings, to the extent that such a recording is made, it constitutes a
reco rd and must be kept in order to be available to enable OCR to asce rtain whether the College
is carrying out its legal obligations under the Title IX regulations. Destroying hearing records
after the hearing or appeal necessarily means that the College was undertaking steps that would
result in relevant information not being avai lable to OCR during its investigation and monitoring
to assess whether the College is carrying out its legal obligations under the Title IX regulations.
OCR is obligated to review pertinent practices and policies of the College, the circumstances in
which the noncompliance occurred, and other factors relevant to a determination of whether the
College has corrected its noncompliance with Title IX. Simi larly, the document destruction
prevents any external review, including pursuant to judicial proceedings, should a participating
student wish to challenge the equity of the College's administrative process in court. Finally,
destruction of the hearing records prevents the College itself, and speci fically its Title IX
Coordinator , from being able to review information to determine whether patterns of conduct
exist, or whethe r further steps are necessary for the College to take to ensure student safety, or
whe ther the College is sa tisfied with the fairness of its own administrat ive process as applied in
particular cases.
7

The regulation implemen ting Title VI, at 34 C. F.R. § l00.6(b) and (c), requires that a recipient of Federal financial
assistance make availab le to OCR infonnation that may be pertinent to reach a compliance determination. Thi s
requirement is incorpo rated by reference in the Title IX regulation at§ 106.71.

......

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Page 19 - President Robert E. Clark lI
OCR also has concerns. that the College's February and June 2016 Title IX Policy and
Procedures have conflicting prov isio ns regarding mainta ining all materials regarding reports of
sexual violence. On the one hand, the Februa ry 2016 Title IX Policy and Procedures require that
all documents are maintained by the College and, on the othe r, provide that hear ing transcripts
will be deleted within 10 days at the conclusion of the hearing or appeal process.

.

9. Student Climate lqforma tjon. and Climate Assessment/Response
The College provided copies of an employee and studen t Title IX survey that was administered
in early January 2016. The College reported that it is using the results of the survey to develop a
strategic plan for shifting the College climate regarding Title IX issues.
OCR reviewed a summary report of the survey results of the January 2016 survey , which reflects ·
that 118 students (7.5%) completed th~ survey (79% female students ; 21 % male student s). OCR
notes that only 5% of the responders who exp.e rienced or observed a~ incident of sexua l
harassment andio r misconduct indicated that they reported the incident formally to College staff
or administrators; 15% of the responders indicated that they did not know to whom they should
report the incident. Twelve and one-half percent of the responders indicated they did not report
the incident because they did not think College administration would do anything. Half of the
responders (50%) indicated that they understand the College process for addressing reports or
unlawful discrimination and sexual miscon duct.
One hundred fifty-three (153) employees completed the employee survey. The summary report
for the employee survey reflec ts that 11% of the responders indicated that they had observe d
sexua l harassment on campus and 6% of the responders stated that they encountered sexual
harassment that they did not report. In addition, 18% of the responders stated that they feared
retaliation for reporting sexual harassment.
The College's administration of the survey affor ded the College information through which it
can assess its Title IX obligations. OCR does not have concerns gene rally regarding the
College's administration of the climate survey and assessment, except that increased
participation will potentia lly lead to more accurate data upon which the College could justifiably
rely in developing its strategic plan for changing the College climate regarding Title IX issues.

10. Handling of Complaints and Inciden ts of Sexual AssaultN ioleoc e
OCR investigated whether the College provided prompt and equitable responses to sexual
harassment and/or sexual violence complaints, reports and/o r other incidents of which it had
notice (knew or shou ld have known about) from August 2013 through April 2015, including the
incident involving the accused Student. OCR also investigated whether any failure by the
College to promptly and equitably respond to comp laints of sexual harassment / violence of which
it had notice, resulted in individuals being subjected to continuing to be subjected to a sexually
hostile environment.

Incident Involving the accused Student and Students 1, 2 and 3
On March 31, 2015, an Associate Professor (the reporting Professor) notified a Title IX Team
member (Administrator 1) that she received a report by two fema le students of an incident of
sexua l misconduct involving several students at an off-campus residence. The report ing

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Page 20 - President Robert E. Clark lI
Professor stated that the female student s told her that a member of a fraternity, Student I, had
live strea med himself engage d in a sex act with a female student (Studen t 4) withou t her
knowledge, and that other stude nts had see n the live strea m. She reported that the incident
occurred sometim e over the weekend of March 20-22, 20 15. Administrator I reported to OCR
that , later that same day , the two female stude nts arrived at his office to make their own report ,
and at that time , they provided him with the name of another male student (Witness l) who could
provide additio nal information.
On the· afternoon of March 31, 20 15, Administrator 1
interviewed Witness 1, who stated that, although he w~s not present at t~e time of the incident,
he was awa re that members of the frate rnity provided Student 1 with a video camera to live
stream the sexual encoun ter. Witness l identified the fraternity members who watched the live
stream as the accuse d Student and Students 2 and 3. On Apri l 1, 2015, Adm inistrator 1
conducted an interview wit h Stude nt 1, who conceded that a video camera was setup in his
bedroom and liw streamed downstai rs, where the accused Student and Students 2 and 3 watched

it.

.
Later on Apr il 1, 20 I 5, Ad ministrator l and another Title IX Team memb er (Admini strator 2)
spoke with Student 4, who confirmed that she engaged in a consensual sex act with Studen t 1,
but that she never consented to the live str.eaming and found out about it from another student
days later. Studen t 4 told OCR that she informed Administrato rs 1 and 2 that she believed that
the accused Student was not involved in the plann ing or executi on of the live stream ing . Student
4 told OCR that another Title IX Team member (Adm inistrato r 3) told her that the hearing would
have to proceed because the accused Student was identified by witnesses as being involved in the
plannin g and execu tion o f the live streaming. Student 4 confirmed that, shortly thereafter, a
College counselor called her , stated that she was aware of the inciden t, and offered counseling.
On the same day (A pril l , 2015), the accused Student and Students 1, 2 and 3 were called to
Administrato r 3 's office and notified that they were being charged with violations of the
College's Code of Conduct (violations 13.0 (Ge neral Laws: Violation of Delaware Priv acy Law)
and 15.0 (Sexual Misconduct )) and that the College was imposing an interim sus pension upon
each student. Althbugh the Title IX Policy and Procedures states that wheneve r an interim
suspens ion is imposed, the stud ent will be given the opportun ity to show why the suspension
shou ld not be implemented , College staff conceded to OCR that neither the accused Stude nt,
Students I, 2, or 3 were afforded this opportunity. Later on April 1, 20 I 5, Administrator 3
provided each stud ent with written noti fication of the charges , advising each student of the
interim suspension that incl uded a bar from campus and atten dance in classes, and a no contact
order with Student 4. The letter further advised that each student must contact Admin istrator 2
to obtain information abou t the student conduct process .
The April l , 2015 letter that was sent to the accused Student and Students l , 2 and 3 differed
from the notices tha t were sent to acc used students in every prior incident report that was
provided to OCR from the 2013-2014 and 2014-2015 acade mic years. Specifically, all other
notices prov ided to accused students stated:

"You do have the right to go through the college's student conduct process to respond to
these charges. Please call or email [the designee} to arrange an educational
conference . During this conference yo u and [the designee} will discuss what occurred
and she will inform you of yo ur option s, which may be a fo rmal Judicial Board Hearing.
to resolve the matter."

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Page 21 - President Robert E. Clark II
By con trast , the notice sent to the accused Student and Students I, 2 and 3 stated: "You
do have the right to go through the college's student conduct process to respond to these
charges. Please call or email {Administrator 2} ... to discuss the procedure. During this
conversation you and [Administrator 2) will discuss the formal Judicial Board Hearing
process . She will also convene the board and in.form you of the date and time of your
heari ng."
According to the Student Conduct Procedures set forth in the 20 14-20 15 Student I !and hook in
effect al the time of the incident, that was also forwarded as a link to the accused Student and
Stude nts I , 2 and 3 on Apri l 2, 2015, the educational conference is where the accu sed student is
provided with the opportu nity to exp lain his/her versio n of events, and , where the accused
student is given the option of accepting responsibility and thus waiving the right to a formal
Judicial Board Hearing. The educational conference takes place between the College and the
accused student; the student who makes the accu sation does not participate .

•

Admini strator 2 concede d that no educationa l conference was provided to the accused . Studf nt or
Students 1, 2, and 3. Admi nistrator 2 also confirmed that another resolution optio n detailed in
the Title IX Policy and Procedures (Resolution without a hearing), was not provided to the
accused Student or Students I , 2 and 3. Thus, although the educational conference and
Resolution without a hea ring resolution options were detailed in the polici es and procedures in
effect at the time of the incident , neither the accuse d Student, nor Students l, 2 and 3 were ever
offere d these resolution options. Administrator 2 also conceded that the Title IX Policy and
Procedures and the Studen t Cond uct Procedures provide for the options of the educational
confe rence and Resolution without a hearing for all matters, including incidents . of sex ual
violence. Thu s, not only were these resolution opt ions never made available to the accused
Student or Student s 1, 2 or 3; notice was never provided to the accused Student or Stude nts I, 2
or 3 that these means of resolution were not available for them. Moreover, because these options
were not afforde d to the accused Student or Students 1, 2 or 3, they were not provided with the
oppo rtunity to explain their version of events or the opt ion of accepting responsibility and thus
waiving the right to a formal Judicial Board Hearing. The accused Student asserts that as a result
of his confusio n re garding the stude nt conduct process, he believed that the formal hearing was,
in fact, an infonnal educational conference and/or Resolution without a hearing.
On April 1, 2015, Admin istrato r 2 spoke with the accused Student regarding the student conduct
process. Administrator 2 asserts that she informed the Student that the College could assist him
with providing an excuse from classes for each witness he intended to call, which the Student
adamant ly denies . OCR notes that the Judicial Hearing Pointers sheet which was provided to the
accused Student via email on April 2, 2015, stated that it was his responsibility to contact any
witnesses to the alleged violation that he wanted to attend the Hearing.
On Apr il 2, 2015, Administrator 2 emailed the accused Student to advise him of the date and
time for his Judicial Board Hearing, and provided an attached Judicial Hearing Pointers sheet, as
well as a link to the Studen t Handbook for further informatio n regarding the student conduct
process. Even though staff interviewed by OCR averred that the applicable policy at the time of
the incident was the Title IX Policy and Procedures, this was not provided to the accused Student
during the investigation and/or resolution of the complaint against him. The accused Student
told OCR that it was his understanding that he should follow the Student Conduc t Procedures set
forth in the Student Handbook because Administrator 2 provided him with a link to it as further
information and guidance. More spec ifically , because the Student Conduct Procedures set forth

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Page 22 - President Robert E. Clark II
in the Student Handbook called for an educational conference as the first step in the student
condµct process, he exp lained to OCR that he believed that the hearing scheduled for April 7,
2015 was either an informal hearing , the educa tional confere nce, and/o r the Resolution without a
hearing process detailed in the Student Conduct Procedures, and, therefore, he was not
sufficiently prepared at the hearing.
The Judicial Board Hearing for the accused Student and Students l , 2 and 3 was held on Apri I 7,
20 15. Although the Title IX Policy and Procedures states that all investigations will be
thorough, reliable, and impartial, and will entail interviews with all relevant parties and
witnesses, the College did not conduc t any interviews with the accused Student or Students 2 and
3 p rior to the hearing. Moreove r, although the Title IX Policy and Procedures states that the
Chair will exchange the name s of witnesses the College intends to call, all pertine nt documenta ry
evidence, and any written findings from the investiga tors·«'betwee n the parties ," at least two
business days prior to the heari ng, neither the accused $tudent, nor Studen ts I , 2 or 3 were
provide d with a copy of the Incident Report or the~vestigative findings prior to the hearing.
Thus, neither the accused Stude nt nor Students 2 or 3 were provided with the infonnation
collected by Admini strator l from the anonymous female students who reported the incident,
Witness I, and Student 1. The accused Student did not bring any witnesses to the hearing, but he
provided a letter of support from two of his professors. As st ated above, the accused Student
stated that he did not bring witnesses to the hearing becau se he did not believe that the Apri l 7,
2015 hearing was the final step in the process; rather, in accordance with the Studen t Conduct
Procedures set forth in the Student Handbook that was sent to him as a link on April 2, 2015, he
believed that the April 7, 2015 hearing was an educational conference and/or Resolution without
a hearing.
The College stated that the reporting Professor and Student 4 were the only two witnesses called
during the hearing. In addition to the hearing panel members , Administrator l and Admin istrator
2 were also present at the hearing. At the hearing, the accu sed Studen t and Student s I, 2 and 3
were present to hear the initial reading of the Incident Report by Administrator 1, and were each
able to question Admi nistrator I directly. The accused Student and Student s 1, 2 and 3 were
then brought to the hearing panel individ ually to give their statement and be questioned by the
panel; none of the students were informed of each other's testimony. According to the hearing
panel members , Student 1 stated during his individual testimony that the accused Student
participated in the planning of the incident and watched the live stream on the date of the
incident. Although the Title IX Policy and Procedures states that all parties are to have ample
opportunity to question all witnesses during the hearing, the accused Studen t was not made
aware of this testimony by Student 1 at any time during the hearing or thereafter , and was never
provided with the opportunity to question Studen t 1 regarding his testimony. Each panel
member also infonned OCR that Student 4 expressed reluctance to participate as a witness
because she disagreed with the College pursuing adjudication against the accused Student and
Students 1, 2 and 3. Although the proceedings were recorded , a key Title IX administrator
reported tbat recording was deleted within ten ( l 0) days after the appeal was completed.
The College provided OCR with the Judicial Board Hearing Summary for all four accused
students, which was dated April 8, 20 15 and reflects that the Board found each responsible for
violations 13.0 (General Laws) and 15.0 (Sex ual Misconduct) and recommended an expulsion
for each student. The accused Studen t and Students 1, 2 and 3 were provided with written notice
of the outcome of the hearing and expulsion, which also stated that each student was prohibited
indefinitely from takin g classes, or being present on College owned or controlled property, and

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Page 23 - President Robert E. Clark II
was subject to arrest for crimina l trespass if he was found present on College property without
permis sion from Administrator 2. Included with the letter was a summary of the appeal
procedures. Student 4 told OCR that she received a copy of the letter advising her of the
outcome of the Judicial Board Hearing via email.
The Complainant asse rts that the College did not conduct an equitable investigation of the
incident by failing to obta in other witness state ments during the investigation , and by failing to
ass ist the accuse d Student with excusing his witnesses from class to attend the Judicial Board
Hearing. The Complainant also asserts that a key witness was Student 4, but the accused Student
could not ask for Student 4 to provide a statement as a no contact order was implemented on
April 1, 2015. Last, the Complainant cited the following statement in the Col lege 's Title IX
Policy and Procedures: "The College is unable to charge so meone who has participated in an
act of sexual misconduct or harassment without an actual victim corning forward. " The
Complai nant asserts that the College failed to follow its policy by charging the accused Student
when Student 4 did not come forward to report the incident.
The Complainant provided OCR with a copy of an Apri l 9, 20 15 email that Student 4 sent to
Administrator 2 after the hearin g, asking for a meeting , and stating that she learned that there
was a video of Student 3 admitting to planting the camera in the room. She further stated that
she wanted to discuss why the accused Student was expelled given that he had no involvement in
the incident. Student 4 told OCR that, after the hearin g, Students I, 2 and 3 admitted to her their
involve ment in the incident , and conceded that the accused Student had no involvement in the
planning or execution of the incident. She furthe r asserts that she informed Administrator 2 of
this information , who told her that the accused Student would have to appeal the hearing panel
decision.
On April 16, 2015, the accused Student submitted an Intent to Appeal Form, based on new
evidence that was not available at the time of the hearing, which, if introduced , he believed
would significant ly affect the outcome of the hearing. The accused Student stated in his appeal
that new evidence that was not ava ilable at the time of the hearing was that Student 4 learned
exactly who was responsible for the live streaming, and reported it to Administrator 2. In
addition, the accused Student subm itted letters of support. Administrator 2 notified the accused
Student in writing that his appeal was denied because it failed to meet the College's criteria. The
appeal requests for Students I, 2, and 3 were also denied.
The accused Student was expelled from the College a few weeks before graduati on and
subseque ntly in February 2016 he entered into and completed a trade program at anothe r school.

Analysis of the Incident Involving the Accused Student and Students 1, 2, and 3
The Accused Student
OCR determined that the accused Student was entitled to procedural protections that the College
did not afford him. In processing the complaint against the accused Student, the College did not
satisfy Title [X, the College did not comply with its own procedures and, in fact, the College
acted in direct contradiction of its procedures and as a result the resolution of the complaint was
not equitable. The College's failure to interview the accused Student impacted the College's
investigation and resolution of the accused Student 's case. Without any information regarding
the accuse d Student's responses to the allegations, the College was limited in its ability to obtain

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Page 24 - President Robert E. C lark II
all potential relevant evidence, which, in tum, made the decisio ns it undertook potentially based
on insufficient information.
Likewise , the Co llege 's failure to share information with the
accused Student, as well as the College's provision of misinformation (the incorrect policy) to
the accuse d Student, limited his ability to fully panicipate in the process. Finally, the College's
deviation from its own process, as well as from process that wou ld be consistent with Title IX, in
the conduct of the hearing itself prevented the accused Student from receiving equitable
treatment as required by Title IX.
Specifically, OC R 's investigation disclosed evidence that the resolution of the complaint was not
equitable in seve ral ways:

The accused Student was not given an opportunity 10 share his version of events and to benefit
from an investigation of the accuracy of that version of events. Because the College skipped the ·
step in its policy providing for an educational conference at which accused students could be
interviewed, the College could not have investigated - and did not invest igate - facts the accused
Student may have presented. ln add ition, because this step in the process never took place
(coup led with the failure, discussed below, to share the incident report with the accused Student),
the accused Student did not benefi t from notice, in advance of the hearing, of the scope of issues
unde r investigation and the information he could rebut if he so chose.

The accused Student was not provided with the opportunity to challenge evidence that rhe
College relied upon in imposing his interim suspension. The College imposed an interim
suspe nsion on the accused Student on the same day as the incident was reported, without
conducting an interview with the accused Student, or provid ing him with an opportunity to
exp lain why the proposed interim suspensi on was not justified, as required by the College's Title
IX Policy and Procedures. While a school must assess whether the presence of an accused
student threatens the safety of individuals within the school community, a sufficie nt level of
inquiry - that is not here evident - must be undertaken in determining the appropriateness of
interim suspensions.

The accused Student was never afforded his resolution options. While the College's title IX
Policy and Procedures and/or Student Conduct Procedures provided opportunities for an
educational conference and/or Resolution without a hearing, the accused Student was given no
choice except the Hearing process. Further, the specific information that the College provided
the accused Student regarding his reso lution options provides some support for the accused
Student's position that he thought that he was attending an informal educational conference
and/or Resolution without a hearing, not the Judicial Hearing .

The Student was not provided an adequate opportunity to defend himself at rhe Hearing. The
College's Title IX Policy and Procedures specifically states that the Chair would share all
pertinent documentary evidence and any written findings from the inve stigators between the
parties, at least two business days prior to the hearing and that all parties will have amp le
oppo rtunity to present facts and arguments in full and question all present witnesses during the
hearing. However, the accused Student never received a copy of or information contained in the
Incident Report or other critical materials regarding the College's anticipated evidence against
him in advance of the Hearing , including Student 1's stateme nt against him, and, therefore, had a

 Page 25 - President Robert E. Clark 11
very limited opportunity to rebut the charges made against him in the Judicial Board Hearing ,
and challenge the evidence that the College relied upon in imposing the penalty of expulsion .8

The accused Student may not have been provided sufficient time to participate in the process .
The accused Student was notified of the charges on April 1, 20 15 and was expelled following the
Judicial Board Hearing on April 8, 2015. Yet, the College's own processes may have required
more time than six business days to investigate and resolve the case if it had adhered to its own
procedures and timelines. As previously discussed and according to the College's Title IX Policy
and Procedures and /or Student Conduct Procedures, the following is required:
•

•

•
•

•

Within two (2) business days of the receipt of a com plaint, an initial determination is
made whether a policy violation may have occurred.
If the complaining party wishes to pursue a formal investigation, or if the College decides
to pursue a forma l investigation based on the alleged policy violation, then the Title [X
Coo rdinator appoints a Title rx Team member to conduc t the investigation.
All investigations entail interviews with all relevant parties and witnesses. ·'
At least one week prior to the hearing, the Chair will send a letter to the parties detailing
the alleged violation, applicable procedures and potential sanctions; time, date and
location for the hearing; and offer of an advisor. Hearin gs will be convened usually
within one to two weeks of the completion of the investigati on.
The Chair will exchange the names of witne sses the College intends to call, all pertinent
documentary evidence, and any written findings from the investigators "between the
parties," at least two business days prior to the hearing.

The College's Title IX Policy and Procedures also state that investigations of incidents should be
completed expeditious ly, normally within IO business days, unless initial interviews fai I to
provide direct first-hand information. The Title IX Policy and Procedures also states that the
College aims to complete the investigation and resolution of comp laints within a 60 business-day
time period, which can be extended, as necessary, for appro priate cause and with notice to the
parties. 9 Thus, the College own procedures allowed it to take more time and it could have
implemented its procedural steps to ensure an equitab le and prompt investigation and resolution
in the accused Student's case.
It is critica l, for purposes of satisfying the Title IX requirement that procedures be "eq uitable, "
that the accused Student have a reasonab le opportunity to present his version of the events,
particularly in response to adverse "fin dings" which the College relied upon in imposing the
substantial penalty meted out to the accused Student - expulsion. Thus, in conclusion, OCR
determined that the College failed to provide an equitable investigation and resolution of the
complaint involving the accused Student, including failures to follow many procedural elements
set forth in its Title IX Policies and Procedures.

8

The College's assertion that it would have provided assistance to the accused Stude nt in excusing his witnesses
from classes for the hearing is belied by the College own Judicial Pointers sheet. Moreover, whether or not the
College would have helped the accused Student's witnesses attend the hearing does not address OCR's concern that
the accused Student was provided the wrong policies which supports the accused Student's position that he believed
that he was attending an educational confe rence rather than the Hearing.
9
As discussed above, OCR has concerns regarding the College's 60 business, rather than calendar, day timeframe.

•·

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Page 26 - President Robert E. Clark ll

Students 1, 2 and 3
For the same reasons as noted above regarding the procedures employed in the College's
investigati on and reso lution of the incident involving the accused Student, OCR concludes that
the College <lid not compry with the requirements of Title IX with regard to Students 2 and 3 by
failing to provide them with the opportunity to present witnesses and evide nce during · the··
investigatio n; ahd by failing to provide Students l, 2 and 3 notice regarding all possible means of
resolution, an opportunity to review the evidence prior to the hearing and fully participate in the
hearing, and sufficient time to participate in the process. OCR also concludes that the College
did not comply with the requirements of Title IX by failing to assess the risk of threat to the
school community and the rights of students, including the accused, by ensuring the sufficient
level of inquiry in determining the appropriateness of an interim suspension imposed against
Stude nts I , 2 and 3.

Incidents Involving Other Students
In its review of documentation for all student complaints or reports of sexua l harassment or
sexual violence from August 20 13 through April 2015 provided by the College, OCR focused on
assessing whethe r the College's processes provided prompt and equitable responses for both
parties to the comp laint. OCR did not interview parties or witnesses involved in the cases. In
total there were twelve (12) complaints or reports made during that time period and OCR found
severa l cases with deficiencies, which further support OCR's findings that the College failed to
10
provide for adequate, reliable and impartia l investigations and resolutions of complaints.
Specifically, OCR found that the College violated the requirements of Title IX by, in many
cases, failing to offe r the opportunity to accused student s to provide witnesses and other
evidence, failing to provide students who alleged sexual harassment including sexual assault
with appropriate interim remedies including counseling and/or academic services, and by failing
to provide the complainant with written notice of the outcome of the complaint. OCR also has
concerns that, in seve ral incidents , the College imposed an immediate interim suspensio n without
evide nce demonstrating that the College engaged in a sufficient level of inquiry regarding the
risk of threat to the community, and the rights of the students, including the accused. In addition,
the records the College provided reflect that it did not implement many of the Title IX procedural
requirements contained in its grievance procedures in the investiga tion and resolution of
incidents involving othe r students.
OCR concludes that the College responded prompt ly to reports of sexual harassment and/or
sexual violence, as demonstrated by the conclusion of the College's investiga tive process in a
matter of days in ten (10) of the twelve (12) incidents. OCR has concerns, however, that the
College's expedited investigation of complaints of sexual harassment and sexua l violence may
have compromised the equ ity of such investigations.
In addition, OCR notes that, in several incidents, interim suspensions were imposed on the same
date that the incident was reported. Specifically, in the interim suspensions imposed on students
in six (6) incidents on the same date reported, it is not clear from the incident files whether there
was an appropriate process to determine whether the interim suspension was warranted. While
10

In separate correspondence to the College, OCR identified the College's specific incident file numbers for each
issue area referenced below .

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Page 27 - President Robert E. Clark lI
immediate suspensions may be warranted by lhe circumstances to protect individuals or the
community, here the repetition of the swift imposition of interim suspension coupled with both
the absence of effective recordkeeping and the lack of accused interviews, raises concerns.
Specifically, OCR has concerns that the College may not be affording accused students their
basic procedura l protections by imposing immediate suspens ions without conducting a sufficient
assessment of the risk to the community, while also considering the rights of the parties,
including the accused student. The equitable principle in Title IX requires the Ct11lege to' ·
co!1sider a ~ariety of factors in weighing whether ·an interim suspensi on is an appropriate interim
remedy , given the potential educational impact of an interim suspension on the accused student.
These factors include , for example , circumstances that suggest a risk Lo the greater College
community , and the exi stence of risk that the accused student will commit additional acts of
sexual haras sment or sexual violence. Other factors to consider are wheth er there have been
other sexual hara ssment or sexual violence complaints against the same accu sed student , whether
the accused student threatened further sexual harassment or sexual violence against the victim or
others, and whether the sexua l hara ssment or sexual vio lence was committed by multiple
perpetr ators. It is not clear, however , from the documentation provided by the College that it
reviewed or assessed any of these factors, or others, in any of the incidents in which an interim
suspension was impo sed .
In seven (7) of the twelve (12) incidents, no evidence was provided to demonstrate that the
complainant was provided with counseling and/or academic services. Title IX requires a school
to take steps to ensure equal access to its education programs and activities , and to protect a
survivor, as necessary, including taking interim measures before the final outcome of the
investigation and to take steps to end the harassment and correct its effects, once a final
determination is reached. Imposing sanctions against the perpetrator, without more , likely will
not eliminate the hostile environment, prevent its recurrence, and effectively remedy its effects.
OCR also found that, although Administrato r 2 told OCR that the College always provides
written or verbal notice to the comp lainant of the outcome of the hearing, no documenta tion was
provided to substantiate this assertio n for any of the incidents. Title IX requi res that a school
adopt and publish grievance procedures providing for the prompt and equitable resolution of
complaints of sexual harassment and sexual violence. One eleme nt that is critical to achieving
compliance with Title IX is providing notice to both parties of the outcome of the complaint. As
stated above, while the College's grievance procedures provided for many of the basic
procedu ral protections to which students are entitled under Title IX, including providing notice
to both parties of the outcome of the comp laint, the College did not implement this procedural
requirement in all cases. By failing to provide written notice of the outcome to victims, the
College denied such students basic procedural protections to which they arc entitled under T itle
lX. and the opportunity to appeal the College·s findings in accordance with the Co llege's
grievance procedures .
These issues outlined in the Resolution Agreement require the College to address the specific
deficiencies that OCR has identified by case file, using its revised policies and procedures once
they are approved by OCR.

CONCLUSION
OCR determined that the College's policies and procedures and its Notice of Non-Discrimination
are not compliant with the regulation implementing Title IX, at 34 C.F.R. §§ 106.8 and 106.9. In

 )

()

Page 28 - President Robert E. Clark II
addition, OCR determined that the College failed to provide equitable responses to complaints of
sexual harassment and sexua l violence of which it had notice, including the complaint against the
accused Student , and complaints involving other students, in violation of the regulation
implementing Title IX, at 34 C.F.R. § I 06.31. In addit ion, OCR's investigation identified
concerns regarding the College's designation and training of responsible emp loyees, training for
the Title IX Coordinator and Title IX Team , including training regarding the appropriate
response to requests for confidentiality , and record keeping practices.
RESOLUTION

The enclosed Resolution Agreement addresses the compliance concern s identified in OCR 's
investigation and, when fully implemented , will resolve the College 's noncompli ance with Title
IX.
In accordance with. the Agreement , the College agrees to:
•

•
•

•
•

•

•

•
•

Determine whether it engaged in a sufficient level of inquiry and consideration of the
rights of students, including the accused Student and Students I, 2 and 3, and Student 4,
and the risk of the threat to the school community prior to imposing interim suspensions
upon the accused Student and Students I, 2 and 3, and provide specific remedial actions
if warranted, including, but not limited to, removal of each expulsion from all relevant
educational records, as well as an offe r to allow the accused Student and/or Students l, 2
and 3 to complete their degrees at the College and reimburse them for documented costs
incurred for enrollment at a different educational institution, and any other appropriate
measure.
Complete its investigation of the incident involving the accused Student and Students 1, 2
and 3, in compl iance with Title IX.
Address the specific investigative deficiencies OCR identified in the cases involving
other students, including, but not limited to, failures to conduct adequate investigations ,
provide written notice of remedial services, and provide written notice of the outcome of
the complaint investigation to the parties.
Publish an anti-harassment statement, revise its Title IX grievance procedure s, and
confirm that it has properly designated a Title IX Coordinator.
Make revisions to its Title IX grievance procedures to ensure consistency among its
various Title IX policies and procedures so that students and emp loyees receive clear
notice of the applicable policies and procedures .
Provide train ing to ensure that all members of the College community--particularly its
Title IX staff and including students, faculty, administrato rs and other staff - are trained
regularly on issues related to sexual harassment and on the requirements of Title IX.
Review the complaints and reports of sexua l harassment and/or sexual violence made
from May 20 l 5 through the date of the Agreement, to determine whether the College
investigated each complaint or report promptly and equitably.
Provide OCR with information concerning all incidents of alleged sexual harassment or
sexual violence at the College for the next two academic years .
Enhance its outreach to and feedback from studen ts, including by conducting an annual
climate check or series of climate checks with students on campus to assess the
effectiveness of steps taken by the College towards providing a campus free of sexual
misconduct. In addition, the College will convene a committee, composed of staff ,

 (

( )

i• • •
••

)

I

Page 29 - President Robert E. Clark II
students, and community representatives , to develop a plan for educating students and
employees about sexual harassment and violence.
OCR will monitor implementation of the Agreement. If the College foils to implement the
Agreement. OCR may initiate administrative enforcement or judicial proceeding s to enforce the
speci fic tcm1s and obligations of the Agreement. Before initiating administrative enforcement
I 00.9, 100.10). or judicial proceedings to enforce the Agreement. OCR shall give
(34 C.F.R.
the College wrilten notice of the alleged breach and sixty (60) calendar days to cure the alleged
breach.

*~

This concludes OCR ·s investigation of the complaint and should not be interpreted to address the
College's compliance with any other regulatory provision or to address any issues other than
those addressed in this ktter. This letter sets forth OCR' s tletenni nation in an individua l OCR
case. This letter is not a formal statement or OCR policy and shoultl not be relied upon, cited. or
construl.!d as such. OCR's formal policy statement s are approved by a duly authorized OCR
oni cial and made available to the public. The complai nant may have tht! right to file a private
not OCR finds a violation.
suit in federal court whether

or

Please be advised that the College may not harass, coerce, intimidate, or discriminate against any
individual because he or she has filed a complaint or participated in the comp laint resolution
process. ff this happens. the complainant may file another complaint alleging such treatment.
Under the fr eedom of lnlonnatio n Act. it may be necessary to release this tlocument and related
correspondence and re<.:ordsupon request. In the event that OCR receives such a request . we will
seek to protect , to the extent provided by law, personally identifiable infonnation, which. if
released, could reasonably be expected Lo constitute an unwanantcd invasion of personal
privacy.
We want to thank the College , including the Dean of Students, as well as Counsel for their
cooperation during the investigation.
Should you have any questions. please contact Amy Nied7.alkoski, Team Attorney at 2 15-6568571 or /\mv. "kdz<1lkoskirdlcd.uov. or myself at 215-656-6935 or lkth.Gdlmnn-lkcr 'a cd.gov.
Sincerely,

C.t, '><:-·· , \\\.
\\

r .,
I·

I

/

Enclosure
Cc:

- -----

Margaret DiBianca, Esq.
Wanda Andcrson

-- -----

-- -

-·

----

-

\

'

j

, \ ~,. t. tZ; .\,',

Beth Geilman-Bccr
Superviso ry Attorney
OCR Philadelphia

 UNITED STATES DEPARTMENT Ol- EDUCATION "mm 

Ml [\wARk

OFIICE FORUVIL RIGHTS 
at: "Akita",
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PM \t IONIYJUJ 

 

October 12, 2016

IN RESPONSE, PLEASE REFER TO: 03|52329

letter is to inform you that the us. Depantnent of Education (the Department). Office for
(OCR). has complelcd its investigation of the above~referenced complaint tiled
against Wesley College (the College) Throughout this letter you be referred in as
"Complainant." The Complainant alleged that the College discriminated against her son (lhe
accused Student) on the basis of sex when it Subjected him to an inequitable grievance and
appeal process in April 2m 5.

OCR Investigated this complaint under the authenty of Title IX of the Education Amendments ot
N72 (Title IX), and its implementing regulations, 34 C.F.R. ?106, which discrimtnalion
on the basis of sex in education programs and that receive Federal financial assistance
from the Department. The College receives Federal financial funds from the
and. therefore. is subject to the requirements of Title IX and its implementing
regulations,

The accused Student was a senior College during the 2014-2015 school year. On March
3 l. 2015, the accused Student was accused of planning and the live streaming of 
female student engaged tn a sexual act with another malt: student (Student I sometime over the
weekend of March 20 2015, without the fem-Ale student's knawledge. On April 1. 2015 the
College notified the accused Student (ha! he was charged with violnting the College's Sexual
Misconduct Policyt Fullowing the Judicial Board Hearing on April 7. 2015, the College expelled
the: accused Student

   

The OCR complaint was filed on May l4, 2015. asserting that the accused Student did not
panicipate in the planning or implementation of the live streaming, rind that the College violated
Title by falling to conduct an equitable investigation and resolution ot'the incident

OCR Invcangmed whether the College provided prompt and equitable responscs to sexunl
harassment and sexual assault complaints. reports, and tor other incidents or which it had notice
including the involving the accused Student and three other accused male students
(Sludunls 1,2Vnnd a) who were ulsn alleged to have been in the incident.

During the invesligalmn, OCR reviewed documcnlallon provided by the Complainant and the
College, including relcvant College policies and proccdures and Che l'iles reldled to renons ur

tnnitt 

 

 

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 i 1

sexual harassment and sexual violence at the College from August 2013 through April ZDIS.
interviewed the Complainant in' June 2015, and conducted an on-site to the College and
interviewed the accused Student, other students, and statT in November 2015.

SUMMARY OF FINDINGS

The College is required under Title IX to respond to allegations of sexual harassment or sexual
Violence knoll it or reasonably should . tlbout sexual harassment tir sexual
titilt-nce. in undertaking this responsibility. the College must have on equituhle lliill
ensures that the rights til'sumttirs and those of tht: accused are protected

OCR's role, alter the College has responded to the allegations. is not to rcinvestigate the
underlying incident or substitute its judgement for that of the College. Rather. OCR's role in
investigating Title lX sexual harassment and sexual violence allegations is to determine whether
the gnciencc procedures tor the resolution or complaints" such as those utilized for
this complaint, art: prompt and equitable and have been properly implemented

For the reasons hrietly stated below. and discussed timber in the letter, OCR determined that Ihe
College failed to adopt and implement Title grievance policies and procedures that fully
comply with the requirements of Title lx. Spectacully, the College tailed to implement several
pl'uvtslons or its Title IX policies and prncutures during the processing or the complalnl
involving the accused Student. including when it suspended. later etpelled hiin tor sexual
misconduct. The College thereby denicd the accused Student procedural protections to which ht:
was entitled under 'l'ltle IX. and under the College's own written procedures. OCR also had
concerns regarding College's failure to maintain the recording of the hearing the accused
Student's ease, OCR also detemtinud that the Cullcge handled 5 ul other reports of sexual
harassment and sexual violence from August 2013 through April 20] ii an inequitable manner.

 
    

OCR also found that the College's Notice of Non-Discrimination and its two (2) policies and
procedures to address Title IX complaints that were in eti'ect at the time ot'the incident. as well
as the February and June 2016 revisions to them, did not fully comply with Title IX,
Specifically. the Notice of Nun-Discrimination did not identify the individual at the College
responsible for investigating and resolving Title IX complaints land was not widely publicized.
in addition, at all relevant time periods during investigation, the College's Title IX
Policies and Procedures did not provide adequate notice to snidenls and employees regarding
where complaints may he filed and did not maintain designated and reasonably prompt
timeframes for all stages of the grievance process. OCR also found that the College's
designation and notice of the College's Title IX Coordinator does not comply with Title IX.
Further, OCR's investigation identified concerns regarding whether the College has
appropriately designated responsible employees obligated to report possible sexual vtulence to
school officials, provided adequate training for the Title IX Coordinator, Title lX Team, and all
other College staff and employees regarding the College's gnevsncu procedures. as well as
responsible employee designations and obligations to respond to requests for confidentiality.
OCR also had concerns regarding the maintenance or hearing transcripts for sexual harassment
and sexual violence allegations and complaints

On September 30. lots, the College voluntarily entered into a resolution agreement
(Ayeement). which was provided to OCR tin October 6, 2016 and requires that the College take
specific steps to address the identified violations and concerns.

 

 

This letter summarizes the applicable legal standards, the evidence gathered during the
investigation, OCR's determinations, and the remedies the College has agreed to implement to
ensure compliance with Title IX.

LEGAL STANDARD

The regulation implementing Title lx, at 34 C.F.R, l06,9, requires a recipient to implement
specific and continuing steps to notify all applicants for admission and employment, students and
parents. employees, sources or referral of applicants for admission and employment, and all
or professional organizations holding collective bargaining or professional agreements
with the recipient that it does not discriminate on the basis of sex in its education programs or
activities, and that it is required by Title IX not to discriminate in such it manner, The Notice of
Non-Discnminatton must also state that questions regarding Title IX may be referred to the
recipient's Tltle 1X coordinator or to OCR,

The Title implementing regulation, at 34 C.F.R. requires that a recipient designate
at least one employee to coordinate its responsibilities to comply with and carry out its
under that law. The Title IX Coordinator responsibilities include overseeing the
school's response to Title lX reports and complaints, and identifying and addressing any patterns
or systemic problems revealed by such reports and complaints; and therefore, the Title IX
Coordinator must have knowledge of the requirements ofTille IX, the school's own policies and
procedures on sex discrimination, and at complaints raising Title IX issues throughout the
school. recipient is further roquirod. by tho Titlc lx implementing regulation at 34 CM, 
to notify all students and employees tifthe mime (or title), omce address, and telephone
number or the designated 

The Title lx regulation at 34 C.F.R. 106.3] provides generally that, except as provided
elsewhere in the regulation. no person shall on the basis nrsex be excluded from participatton 
be denied the benefits of, or be subjected to discrimination in education programs or activities
operated by recipients of Federal financial assistance. Sexual harassment that creates a hostile
environment is a form of sex discrimination prohibited by IX, Sexual is
unwelcome conduct of a sexual nature. Sexual harassment can include unwelcome sexual
advances, requests for sexual favors, and other verbal. nonverbal, or physical conduct of a sexual
nature, such as sexual assault or acts of sexual violence. Sexual harassment oi'a student creates a
hostile environment if the conduct is sufficiently serious that it interferes with or limits a
student's ability to participate in or benefit from the recipient's program or activity.

 

OCR considers it variety of related factois to determine if a sexually hostile environmatt has
been created and consideis the conduct in question From both an ubjective and a subjective
perspective. Factors examined include the degree to which the misconduct affected one or more
students' education: the type, frequency, and duration of the misconduct; the identity of and
relationship between the alleged harasser and the subject or subjects of the harassment; the
number of individuals involved; the age and sex of the alleged harnsser and the subject of the
harassment, the size of the school, location of the incidents, and the context in which they
occurred; and other incidents at the school. The more severe the conduct, the less the need to
show a repetitive series of incidents; this is particularly Ime if the harassment is physical. A
single or isolated incident of sexual harassment may. if sufficiently severe, create a hostile

 

i t'

environment For example, a single instance of rape is sufficiently severe to create a hostile
environment,

Once a recipient knows or reasonably should know of possible sexual harassment, Title 
requires a recipient to take immediate and appropriate action to investigate or otherwise
determine what occurred; and if the conduct occur-rod, whether it created a hostile environment
for the harassed student(s) and for others. If an investigation reveals that sexual harassment
created a hostile environment. a recipient must take prompt and effective steps reasonably
calculated to end the harassment, eliminate any hostile environment. prevent the harassment
from recumng and. as appropriate, remedy its effects. These duties are a recipient's
responsibility, regardless ofwhether at student has complained, asked the recipient Io take action,
or identified the harassment as a form of discrimination. A recipient has notice of harassment if
a responsible employee actually knew on in the exercise of reasonable care, should have known
about If a recipient delays responding to allegations ot' sexual harassment or
responds inappropriately. the recipient's own action may subject the student to a hostile
environment. lf it does. the recipient will be required to remedy the effects of both the initial
sexual harassment and the effects of the recipient's failure to respond and
appropriately, A recipient's obligation to mpond appropnaiely to sexual harassment complaints
is the same irrespective ofille sex or sexes of the parties involved.

A recipient is responsible under the Title ix regulations for the nondiscriminatory provision of
aid. benefits. and services to students Recipients generally provide aid. benefits. and services to
students through the responsibilities they give to employees. [fan employee who is acting (or
who reasonably appears to be acting) in the context of carrying out the employee's
responsibilities either conditions an educalional decision or benefit on a student's submission to
unwelcome sexual conduct, or engages in sexual harassment that is sufficiently serious to deny
or limit a student's ability to participate in or benefit from the program on the basis of sex, the
recipient is responsible for the discnminalory conduct and for remedying any ctTects of the
harassment on the complainant. as well as for ending the harassment and preventing its
recurrence. This is true whether or not the recipient has notice of the harassment.

The Title ix regulation, at 34 C.F.R. requires recipients to adopt and publish
grievance procedures providing (or the prompt rind equitable resolution or complaints alleging
action that would be prohibited by Title IX. including sexual harassment and sexual violence,
OCR has identified a number of elements in the determining if procedures are prompt
and equitable for both parties. including whether the procedures provide for: notice to
students and employees of the procedures, including where complaints may be filed, that is
easily understood, easily located. and widely distributed; application of the procedures
regarding complaints alleging discrimination and harassment canted out by employees, students,
and third parties; adequate, reliable, and impartial investigation. including an opportunity to
present witnesses and evidence; designated and reasonably prompt timefrzimes for major
stages of the grievance process; written notice to the parties of the outcome and any appeal;
and an assurance that the institution will take steps to further prevent harassment and to
correct its discriminatory effects, if appropriate Title IX does not require a recipient to provide
separate grievance procedures for sexual harassment complaints, including sexual violence
complaints. A recipient may use student disciplinary or other separate procedures for these
complaints; however. any procedures used to adjudicate complaints of sexual harmment or
sexual assault, including disciplinary proceedings, must afford survil'ois and the accused a
prompt and equitable resolution.

 



BAC KGROUN 

Wesley College is a private college located in Dover. Delaware, and has one campus. During the
20l4-2015 year, the time period in which the incident at issue in the OCR complaint
occurred. the College had a total enrollment of 5 students, of whom 1,528 were
undergraduates. 0f the undergraduate students, 826 were female and 701 were
male. During the 2015-20l6 academie_year. the College had a total enrollment of 1,57]
undergraduate students, ofwhom 895 were female and 676 were male,

Pursuant to the Jeanne Clery Disclosure of Campus Securin Policy and Campus Crime Statistics
Act. 20 1092 (Clery Act), lhe College reported zero (0) forcible sex offenses in 2011,
two (1) forcible sex offenses in 2012i one (I) forcible sex offense in 2013, and one (1) rape in
20".

FACTS AN ALYSIS

 

1, Notice or Non--l)isci--iniinntidnl

The College's Notice of Non-Discrimination was published in the 20lS-2016 undergraduate and
graduate course catalogs, the College's employment wehlink. 2015-2016 Student Nursing Guide.
Nursing Graduate Program Student Handbook, and sun? Handbook (undated) It did not appear
in the ZONJOIS or 2015-2016 Studenl Handbook. The Notice ofNon-Discrimination does not
identify the Title IX Coordinator or any indiVidual at the College responsible for investigating
and resolving Title IX complaints. ln uddition, norm of the publications in which the Notice of
NonrDisenmination appears. except the Staff Handbook, stales that complaints may be referred
to OCR, The reference to OCR in the Staff Handbook, however, provides the incorrect address
for OCR.

OCR concludes that the College's Notice of Non-Discnminatlon does not comply with the
requirements ofTillc IX, as it 1) does not identify the individual at the College for
investigating and resolving Title or complaints, and 2) is not included in the Student Handbook
and, therefore. is not widely distributed.

2. Title IX and Training of Title IX Tenn

In June 20l3, the College hired the Dean of Students. and shortly thereafler she also took on the
role oletl: lX Campus Site Coordinator, acting as the College's Title IX Cnordinator (hereafter
the Dean of Students will be referred to as the Title IX Coordinator). The Title IX Coordinator
reported that she immediately began the process of initiating. draining, and implementing new
Title IX policies and procedures and oversiyit over This lx complaints. as well as designating
specific responsibilities to members oflhe Title IX staff. In January ZOIS, the College created a
Title lX Team to assist with its efforts to carry out its duties under Title IX. and in February
2015 the College implemented the Title lXPolt'rv and Pracedures, which replaced the College's
previous anti-harassment policy.

 

Source Natinnil Center for Educaltnn Stalls":

'ed lttiv &lt;page 

As ot' Febniary ZOIS. prior to the date of the incident that is the subject of this complaint, the
Title ix Team consisted of the Title lX Coordinator. the Central Coordinator {or Anit-
Harassment, the Central Coordinator for Student Conduct and Sexual Assault (the Student
Conduct Coordinator). the Central Coordinator for Athletic Compliance, the Central Coordinator
for Disability Support, and the Central Coordinator for Hostile Environment. Although not
desiytzited or identified in the Febmary 2015 Title IX Policy and Procedures, the Director of
Security operated as a member at the Title IX Team,


Pnot to October lots, the Student Conduct Coordinator investigated all Title IX complaints
students and also maintained all documentation regarding all Title lX complaints that
were Forwarded to her from the other Title Team members. The Student Conduct
Coordinator was for submitting a spreadsheet summariztng all the Title IX incidents
for the Title IX Coordinator's review.

In October 20! 5. the College Hired an additional Central Coordinator for Student Conduct and
Sexual Assault, who is referred to as the "Title IX Educator/Investigator," and in February 20th
the College changed scverul titles/roles of the Title IX Team Members. Namely, the Director of
Security Wu designated a a member of the Title IX Team, and the Title IX
Educator/Investigator took over many of the roles that were previously held by the Student
Conduct Coordinator, described above. The Title IX Educator/Investigator also scrvea as the
investigator/advocate for survivors. Another indivtdual serves as the investigator/advocate for
accused students. Although the Title IX Coordinator's title chande from the Title IX Central
Coordinator to the "Coordinator/Gatekeeper." her responsib ttes stayed the same. Specifically,
the Title IX Coordinator is responsible for reviewing all incidents to identify repeat offenders.
problematic locations. arid times of the year when the highest number of incidents occur, and is
responsible for maintaining oversiytt over Title IX training and Title IX outreach efforts,
During OCR's onsite, College staff outside ofthe Title IX office told OCR that they were aware
of the Title IX Coordinator, the Student Conduct Coordinator. and their duties.

The names. titles, and contact information for the members of the Title IX Team were published
in the College's February 2015, Febmary 2016 and June 2016 Title LY Policy and Procedwes.
In its Zl7l5-20l6 Student Handbook, and on its Title IX Information Page. The Ti/le 
Information Page, however, has not yet been updated to include the Director of Security as a
member of the Title IX earn. In addition. at all times during OCR's investigation, the Title IX
Team members detailed in the Title Uf Policy and Procedures were not consistently detailed in
the Title lXIn/ormarion Page.

The College provided OCR with documentation demonstrating that the Title IX Coordinator and
Student Conduct Coordinator attended Title IX training in May 2015, and in September 2015.
the Central Coordinator for Disability Support, the Student Conduct Coordinator, the Title IX
Educator/investigator, and one of the hearing members attended a session on Title lX conduct
boards. The May 2015 training reviewed OCR resolution letters and agreements and various
model Title IX investigative docimients. The September 2015 training reviewed the College's
Till: and Procedures and Student Code Procedure: set forth in the Student Handbook.
In addition, the College provided OCR with documentation demonstrating that in October 2015.
the Assistant Director for Residence Life and Student Conduct Coordinator attended a Title lX
session that revrewed the Title IX Policy and Procedures and the Student Conduct Procedures set
forth in the Student Handbook.

 

f: . 

While OCR did not find violations regarding the establishment ofthe role and responsibilities of
the Title IX Coordinator and the Title IX Team from March 2015 through June 2016. for several
reasons OCR has concerns regarding the adequacy of the training provided to Title IX Team
members. Specifically. as described more fully below. the Title IX Team members who
investigated and resolved the complaint that was brought against the accused Student misapplicd
the College's Title Lr Policies and Procedures, resulting in an inequitable process that did not
meet the requirements of Title IX. Moreover, also as discussed further below, OCR found
several other Instances of inequitable Title IX complaint investigations in the College's 2013 to
1015 case tiles. Additionally, and as discussed below. the Title lX Team members provided
Conflicting Information regarding the College's obligations in response to requests tor
confidentiality, and hearing panel members, whose work is facilitated by certain Title IX Team
members, lacked clarity about the preponderance ut' cvldence standard which is provided for 
the College's Tillt' IX Policies and Procedures. OCR also notes that the role of Central
Coordinator for Anti-Harassment was not clear to the Title IX Team members Thus. OCR has
concerns that the Title IX Coordinator and/of other Title IX rflan-l members were inadequately
trained to effectively fulfill their Title responsibilities.

3. Grievance Procedures

At the time the incident was reported to the College. the College utilized two policies to address
complaints or sexual harassment, including sexual assault/violence: (1) Title IX Policy and
Procedure: that were adopted in February 2015 and (2) Student Conduct Procedures that were
published in the 20142015 Student Handbook. The College also maintained a Title IX
Information Page that provided general information about Title Ix and resources at the College.
The Tille LYPaIi'cy and Procedures were revised in February and June 2016.

Title lXPoquv and Procedures

The Title IX Policy and Procedures apply to all complaints of sexual harassment and sexual
assault involving students, employees, or third parties and specifically states that it is applicable
regardless of the status of the parties involved. including members or non-membeis of the
campus community. students. student organizations, faculty, administrators, and/or staff. In
addition. it provides the contact infomation for the Title IX Team.

The Title IX Policy and Pracedurei' provides definitions for all forms of harassment, including
sexual harassment and sexual misconduct/assault. In addition, the Title IX Policy and
Procedure: states that the College non-consensual sexual intercourse violations to be
the most serious, and therefore typically imposes the most severe sanctions, including suspension
or expulsion for students and termination for employees. It also explicitly states that acts of
sexual misconduct may he committed by any person upon any other person, regardless of the
sex. gender. sexual orientation, and/or gender identity of those involved,

The Title IX Policy and Procedures also prohibits retaliation and states Ihat the College will
implement initial remedial and responsive and/or protective actions upon notice of alleged
harassment, retaliation, and/Dr discrimination. and provides examples of interim and remedial
actions offered by the College.

 

The Tille IX Policy and Procedures describes in detail the process for investigating and resolving
complaints of sexual harassment and/or sexual assault. Specifically, any member of the
community, guest, or visitor may file a complaint with any member of the Title IX Team, who
will Contact the Title IX Coordinator within 24 hours. The Title IX Policy and Procedures state
that within two business days of the receipt of a complaint, an inittal determination is made
whether a policy Violation may have occurred and/or whether "conflict resolution," a mediation
process, might be appropriate. If the incident does not appear to allege a policy violation or if
conflict resolution is desired and is appropriate, then the investigation does not proceed. lfan
investigation does proceed. the Til/e IX Policy and Procedures states that the College aims to
complete the investigation and resolution or the complaint within a 60 business day time period,
which can be extended as necessary for appropriate cause by the Title IX Team, with notice to
the parties,

it' the complaining party wishes to pursue a formal investigation. or if the College decides to
pursue a formal Investigation based on the alleged policy violation. then the Title IX Coordinator
appoints a Title IX Team member to conduct the investigation During interviews with OCR,
two Title IX Team members stated that the Director ofSecurity, although not identified as a Title
IX Team member in the February 2015 Title IX Policy and Pracedures, conducts all Title IX
investigations.

According to the Title IX Policy and Procedures, investigations of incidents should be completed
expeditiously, normally Wltl'tln 10 hustness days, unless initial intavlews fail to provide direct
first-hand information, In addition, the Title IX Policy and Procedure: states that the College
may undertake a short delay (three (3) to ten (10) days) when criminal charges on the basis of the
same behaViors that invoke the student conduct process are being investigated. However,
College action will not be altered or precluded on the grounds that civil or criminal charges
involving the same incident have been filed, or that charges have been dismissed or reduced.

The Title IX Policy and Procedures pemiits the College to suspend a student. employee, or
organization on an interim basis pending the completion of the investigation and prowdes
procedures that are to govern the interim suspension process. Specifically, the Title "Policy
and Procedures states that, in all cases in which an interim suspension is imposed, the accused
will be given the opportunity to meet with the Title ix Coordinator prior to such interim
suspension being imposed. or as soon ihereafier as reasonably possible, to show why the interim
suspension should not be implemented, In addition, during an interim suspension, at student may
be denied access to classes, but at the discretion of the appropriate administrative officer or the
Title IX Team, alternative wursework options may be pursued to ensure as minimal an impact as
possible on the accused student.

The Title IX Policy and Procedure: states that all investigations will be thorough. reliable and
impartial, and will entail interviews with all relevant parties and witnesses. In addition, the Til/e
IX Policy and Procedure: states that during or upon the completion or the investigation, the
investigators will meet with the Title ix Team and matte a decision regarding whether there is
reasonable cause to proceed. lf the Title IX Team decides that no policy violation occurred. or
that the preponderance of the evidence did not support a finding of a policy violation. then the
process end, If there is reasonable cause. the Title lX Team will direct the investigation to
continue. and if there is a preponderance of evidence ofa violation, then the Title IX Team may
recommend that the matter be resolved in one of three ways: (1) Conflict resolution, (2)
Resolution without a hearing, or (3) the formal hearing processes.

- Conflict resolution is described as a mediation facilitated by the Title IX Coordinator that
it is oflen used for behaviors that are inappropriate but less serious. and is encouraged as
an alternative to the formal hearing prooess to resolve conflicts. The Title LY Policy and
Procedures states that it is not necessary to pursue conflict resolution first in order to
"make" a fonnal investigation, and anyone participating in conflict resolution can stop
that process at any time and request a formal hearing. While the Title IX Policy and
Procedures states that conflict resolution is not the primary resolution mechanism used to
address grievances ofsexual misconduct, it also states that it may he made available afler
the formal process is completed, should the parties and the Title IX Coordinator believe
that it could he benct'icial.

- Resolution Without a hearing is described as a process in which the responding pany may
choose to admit responsibility for all or part ofthe alleged violations at any point in the
process. The Title Ll' Policy and Procedures states that resolution without a hearing can
be pursued for any behavior that falls within the policy, at any time during the process.
This section ot'lhe Title LX Policy and Procedures states that the Title IX Coordinator
will provide written notification of an investigation to any member of the College
community who is accused of an offense of harassment, discrimination or retaliation.
The Title ix Coordinator will meet with the responding individual to explain the
findingts) of the investigation. at which time, the responding party may choose to admit
responsibility for all or part of the alleged polle violations. If so, the Title IX
Coordinator will render a finding that the indivtdual is in violation of College policy and
the Title IX Team recommend an appropriate sanction or responsive action.

. Formal hearings are applicable for grievances that are not appropriate for conflict
resolution and which are not resolved without a hearing,

If the complaint proceeds to a formal hearing. the Title IX Coordinator will initiate the hearing
and appoint a non-Voting panel Chair and three hearing panel members. none otwhom have been
previously involved with the investigation. Hearing panels may include both faculty and non-
faeulty employees. With at least one faculty employee selected in an investigation involving a
faculty member. Students do not serve on hearing panels, except in cases of lesser student-on-
sturlciit investigations OCR learned that is key Title lx Team member participates in Judicial
Board Hearings as a non-voting member, and also as the individual who determines whether an
appeal should be forwarded to the appeal panel for processing.

At least one week prior to the hearing, the Chair will send a letter to the parties detailing the
alleged violation, applicable procedures and potential sanctions; time. date and location for the
hearing; and offer of an adviser. Hearings will be convened usually wilhin one to two weeks of
the completion of the investigation. The Title 1X Polity and Procedures states that the Chair 
exchange the names of witnesses the College intends to call, all pertinent documentary evrdenee,
and any written findings from the investigators "between the parties." at least two business days
pn'or to the hearing. In addition, all parties are to have ample opportunity to present facts and
arguments in full and all witnesses during the hearing, though formal cross-examination
is not used between the parties. Following the hearing, the hearing panel will deliberate in
closed session and will base its detennination on a preponderance of the evidence. if an
individual is found responsible, the panel will recommend appropriate sanctions to the Title lX
Coordinator. The Title IX Policy and Procedures allows both parties to appeal the findings
and/or sanctions of the panel hearing In February 20l6. the College revised the Title IX Policy
and Procedures, The revisions did not change the manner in which the College investigates and

 

 


resolves Title complaints, but rather. provided clarifying infomiatlon regarding the name and
role of each Title IX Team member and desiyiated the Director of Security as a member of the
Title Team. In February 2016. Ihe College also provided OCR with model documents to be
utilized during the investigation and/or resolution of a sexual misconduct complaint. including an
Investigative Repon Template, sample of a Continuation of Report-Rights and Suppon Letter,
Declining Student Conduct Action Form, and an Educational Conference Acknowledgement
Form.

In June 2016, the College made additional revisions to the Til/e lXPu/i um] Procedures, Once
again, the revisions did not change the manner in which the College investigates and resolves
Title IX complaints. but instead, revised the name of the Title Team to the "Title lX Advocate
Team." and replaced the "Alcohol Education and Programming Coordinator" with a "Central
Coordinator for Human Resources Advociitc "3

Student Conduct Pnriccdum'

The Student Conduct Procedures are contained in the Student Handbqok, which set forth the
procedures the College will use in order to investigate and resolve alleged violations cfihe Code
9/ Conduct, The Student Conduct Procedures, detailed in the 201445 Sludenl Handbook
provide that. once an incident or violation of the Code of Conduct has been reported. the first
step will be an educational conference. in which the accused student will be given the
opponunily to explain his version of events. Educational conferences are held by trained
Judicial Hearing Officers. Each accused student is assiyled a conduct officer for their
educational conference. During the educational conference, the accused student and Ihe conduct
ollicer meet in informally discuss the incident If the conduct officer determines that a policy
has not been violated, then the case and any related judicial charges may be dismissed. If the
conduct ott'teer maintains that the policy has been violated. the accused student is given the
option of accepting responsibility and thus waiving the right to ii formal Judicial Board Hearing
and having the officer issuejudicial sanctions. When this occurs, the case is considered resolved
at the conclustolt of the educational conference. Students who do not feel that they have violated
the Slur/mt Code afCanducl have a second option, which is to request a formal Judicial Board
Hearing. Students may request that ivitnesses be called to testify, and students may also invite a
member of the faculty or Staff to act as an adviser during the huring. At the conclusion of the
hearing, the board membeis meet in closed session to determine its decision, and. the event
that the student is found responsible, the board will recommend appropriate sanctions. Both
parties are permitted to appeal the outcome ofan Administrative or udieial Board Hearing.

The 2015-20") Student Handbook included a disclaimer stating that all incidents of sexual
misconduct are processed under the College's Title IX Policy and Procedures. The 20l4-2015

Because the Fchniary and June 2015 revisions in the Title IX Policy and did not change the manner in
which the College investigates and resolves rirlc ix compliinrs, unless noted as the February or Inn:
2016 Title IX iian Pmrdum, any gene"! reference in Lil: "Title IX Policy and Procedures" refers to
intonnirion that consistently appears in each Version of Lhe Title IXI'alwy and Procedures

in the Incident. involving the accused snidcnr. OCR's investigation found that the Student Conduct Procedures
Contained in the Student Hundmnit were provided in the .cciiscd Student ro guidc him through the investigative
process Thus. even though College stair informed octt that the procedures set ronh in the Title Polity and
procruurrs were |u govern the processing or the complaint involving the icctucd the Amused Sludem
believed that the Student Conducl Procedure: in the Student Handbook govcmod Lhe procusing oi' the complaint
Accordingly, OCR also ammd the Student Conduct Procedure: ror compliance with the requirements or Tl": ix,

 

 

l' 't

Student Handbook that was in effect at the time oflhe incident in this complaint did not contain
such a disclaimer. even though staff members told OCR that, at the time of that incident,
sexual misconduct complaints were being processed under the Title Policy arid Procedures

Title IX Information Page

As of at least September 2015 through Septernher 2016, the Title or Information Page on the
website provided general information regarding Title ix, definitions. the College's
responsibilities under Title IX, Contact information for the Title Team, an incident report to
be utilized to repon any incident of sexual harassment and/or sexual violence. a descnpiion of
the College's reporting options, and a list of resources with contact information. The Title IX
Policy and Procedures and Title IX Information Page appear together as links on the College's
Title lX wehpage,

OCR concludes that the Title IX Policy and Procedures adequately states that they apply to
complaints alleging discrimination or harassment carried out by employees. students and third
parties. Specifically, the Title IXPa/icy and Procedures appropriately states that any member of
the community, guest, or visitor who believes that the Policy has been violated should contact a
member of the Title IX Team The Title IX Policy and Procedures also appropriately states that
it applies to behaviors that take place on the campus. at collegesponsored events, and may also
apply off-campus and to actions online. and that the College will take additional prompt remedial
and/0r disciplinary action with respect to any member otthe community, guest or visitor who has
been found to engage in harassing or discriminatory behavior or retaliation. In addt ion, the Tille
IX Poltcy and Procedure: states that procedures for conducting and resolving an investigation
applies to students, staff, or faculty members, and redress and requests for responsive actions
involving non-members of the community are also covered.

OCR also concludes that the Title IX Policies and Procedures, as wnnen. provide for an
adequate. reliable, and impartial investigation including an opportunity In present witnesses and
Specifically, the Title IX Policy and Procedures explicitly states that all investigations
will b: Illumuyt. rcllable. and impartial. and will entail interviews with all relevant parties and
witnesses, obtaining available evidence and identifying sources or information, if
necessary. However. as described more fully below, OCR's investigation revealed that Ih:
College failed to follow this stated practice in the incrdem involving the accused Student, and
with regard to many of the other incidents of sexual harassment and/or sexual violence
investigated by the College during the 2013-20l4 and 2014-2015 academic years

OCR also concludes that the Title IX Policies and Procedures adequately provides for written
nutic: to the parties of the outcome and any appeal. Specifically, the Til/e IX Policy and
Procedures states that the Title lX Coordinator will inform the accused individual and the party
bringing an investigation orthe final determination within two (2) to three (3) business days at
the heating. in addition. the Title IX Paltcy and Procedures states that the Title iX Coordinator
will render a written decision on the appeal to all parties within two (2) to diree (3) business days
from the hearing oiihe appeal. However, as described more hilly below, OCR's investigation
revealed that the College failed to provide written final determinations in several of
sexual harassment and/or scxual violence investigated by the during the 20134014 and
20l4-2015 academic years.

 

 . 7

Last, OCR concludes that the Title LY Policies and Procedure: adequately provides an assurance
that the College will take steps to prevent further harassment and to correct its discriminatory 
on the complainant. if appropriate. Specifically, the Title IX Policy and Procedures states
that the College may provide interim remediu intended to address the short-term effects of
harassment. discrimination. and/or retaliation to redress harm to the alleged survivor and the
community and to prevent further Violations. In addition, the Title IX Policy and Procedure:
describe the various sources orremcdiai support for survivors, as well.

OCR's investigation also determined. however, that the Title IX Pollcte: and Procedures are not
fully complaint with Title Specifically, the College's policy providing for discontinuation of
investigation if a student waived a right to a formal Judicial Board Hearing, when given that
option violates Title ix, OCR also found that the College violated Title IX by tailing to provide
adequate notice to students. employees, and third parties of the procedures and by failing to
provide designated and reasonably prompt timeframes for all stages of the grievance process, as
described more fully below:

a Notice

At all relevant times. the Title IX Policy and Procedure: and the Title IX Information Page
included contact information for different Title IX Team members. The June 2016 Title IX
Policy and Procedure: provides contact information for a Central Coordinator for Human
Resources Advocate. but the current Title IX Information Papa provides dinercnt contact
infomiation for an individual dfiignaled as the Title 1X Coordinator for Hostile Environments.
tn addition, as noted above, the Title IX lnfimnatlan Page has not yet been updated to include the
Director of Security as a member of the Title lX Team, even though he appears as a member of
the Title IX Team in the June 2016 Title [XPoli'ey and Procedures.

b, Designated and reasonably prompt lime/rams:

The Title Policy and Procedure: states that all employees receivmg reports are expected to
contact the Title IX Coordinator within 24 hours. In addition, the Title LY Policy and
Piece-dares also states that the College aims to complete the investigation and resolution of
complaints within a 50 business-day time period, which can be extended, as necessary, for
appropriate cause and with notice to the parties. Moreover. the Title IX Policy will Procedure:
states that investigations should be completed within ten (10) business days, and that hearings
will be convened usually within one (I) to two (2) weeks of the completion of the investigation.
and that the parties will be informed of the hearing determination within two (2) to three (3)
days.

OCR has several concerns regarding the College's timelrames. The Title 1x Policy and
Procedures do not provide any timeframes for the appeal panel to make a determination. In
addition. typically. a 60 calendar, not business, day period is considered an appropriate guidcpost
to investigate and reach resolution for a Title IX matter. Also, OCR has that the time
period utilized to invaiigate and resolve some of the College's sexual harassment and sexual
violence cases between 2013 and 2015, including the accused Student's case, may have been too
shon to allow for equitable investigations and resolutions. See discussion below,

Other uncenu

 

OCR also identified the following concerns regard to the Title lXPaIt'cy and Procedures
and Student Conduct Procedures:

- The College's Title IX Policy and Procedures and Student Conduct Procedure: do not
explicitly bar conflict resolution in matters involving sexual harassment or sexual
Violence, even ifonly utilized atier the formal process is completed.

0 The Title IX Policy and Procedures state that within two business days of the receipt of a
complaint an initial determination is made whether a policy violation may have occurred
which may not provide sufficient time for the College to meet its responsibility to'
investigate and determine whether steps are necessary to ensure student safety. both for
students directly involved and for others who may experience a hostile environment.

- A key Title lX Team member participates in Judicial Board Hearings as a non-voting
member, and also as the indiv'lduul who determines whether an appeal should be
forwarded to appeal panel for processing, This may present a conflict of interest it'
the Title lX Team member has any oversight over the investigation of sexual misconduct
complaints.

The 2014-2015 Studznt Handbook that was in effect at the time at the incident involving
the accused Student did not include a disclaimer directing individuals to the Title IX
Policy and Procedures. Thus, prior to the 2015-2016 academic year, in which a
disclaimer was inserted into the Student Handbook, individuals may have mistakenly
believed that the Student Conduct Procedures set forth in the Student Handbook applied
to incidents involving sexual misconduct.

I The Tillt: Policy and Procedura and the 2014-15 Student Conduct Procedure: that
were in effect at the time of the incident involving the accused Student were
contradictory, With each providing a different process for the resolution of the complaints
of sexual harassment and/or sexual violence,

In addition, and its discussed below, to the extent the College's policies contain many of the
required Title pmoeduml requirements. the College did not implement many of those
procedural requirements in the investigation and resolution ofthe incident involvmg the accused
Student,

4. Responsible Employee:

The Title IX Pit/icy and Procedures and the Student Conduct Procedures contained in the
Studenl Handbook. pledc tor three reporting categories: (1) confidential reponing. (2) formal
reporting, and (3) quasi-confidential reporting:

The confidential reporting option provided lot in the Title IX Policy and Procedure: permits
survivors to report an incident of sexual harassment or sexual violence to certain designated
individuals who maintain the survivor's confidentiality except in extreme cases of
inunediacy of threat or danger or abuse of a minor, On-campus confidential reporters include
campus counselors, the employee assistance program, and on--cumpus clergy/chaplains. The
Title IX Policy and Pracedures further states that the on-campus resources cited above 
submit anonymous statistical infon-nation t'or Clery Act purposes only. unless they believe it
would be harmful to the reporting individual.

 

i 

The Title IX Policy and Procedures formal option provides that formal reports may he
made In the Tttie lx Team and privacy is awarded to the reporter because only a small group
of officials who need to know the information will be told. The Title lXPali'cy and Procedures
states that information will be shared as necessary with investigators. witnesses and the
responding party. and that the circle of people with this knowledge be kept as tight as
possible to preserve the individual's rights and privacy.

Pursth to the Title IX Policy and Procedures, most resources on campus fall in the middle of
these two extremes, meaning that iteither the College, nor the law, requires them to divulge
private information that is shared with them, except in rare circumstances.

"nil: Studs/it Conduct Procedures set forth in the 20l4--2015 Student Handbook provides
information regarding this third reporting option, which is referer to as "quasi-confidential
reporung," it as:

You can sack advice from cerium resources who are nut required to tell
anyone else your private. personally identifiable tn/nrntaricn unless there
is cause fiyrfearfar your safely, or the safety ofotlizrs. These resources
include those Without supervisory responsibility or remedial authority to
address sexual misconduct. such as [Resident Advisers], fatully members,
advisorr to student organizations, career services staff admissions
oflicers, student activities personnel. Student Life slafl members. and many
others, If you are unsure of someone 's duties and ability to maintain your
ask them before you talk [0 them. They will be able to tell you,
and help you make decisions about who can help you best. Some ofthese
resources, such as [015. are instructed to share Incident Reports with the
supervisors, but they do not share any personally identifiable infirmalian
about your report unless you permission, except in the rare event that
the incident reveals a need to protect you or other members of the
community

Eight (8) College stat? members interviewed asserted that all members of the College faculty.
staff, and administration, except for the chaplain and counseling, are required to notify the Title
IX Team of all of sexual misconduct. including all details of the incident that are
shared with them by the survivor, and that this reporting requirement also applies to resident
advisers. Thus, none of these stafi~ members were aware ofa quasi-confidential reponing option,
even though it was provided for in the Student Conduct Procedures set forth in the 2014--2015
Student Handbook. Further, when asked to explain what is meant by the quasi-confidential
reporting category detailed in the Student Conduct Procedures. two (2) Title Team members
stated that they were unsure of the inlml ofthis category given that their understanding was that
all employees on campus were mponsible employees except for the campus chaplain. nurse and
counselor.

A responsible employee includes any employee: who has the authority to take action to redress
sexual violence; who has been given the duty of reporting incidents or sexual violence or any
other misconduct by students to the Title lX coordinator or other appropriate school desigrtee; or
whom a student could reasonably believe has the nulhot-lty or duty, OCR recognizes that any
person mm a professional license requiring confidentiality is not required to report, without the
student's consent, incidents of sexual violence to the school in a way that identifies the student.

 

t, 

OCR recognizes that some poople who provide assistance to students who experience sexual
violence are not professional or pastoral counselors, and thus, schools have the latitude not to
require that these individuals report incidents of sexual violence in a way that identifies the
student without the student's consent. However, this category should be limited and typically
applies to individuals who work or volunteer in an on-campus sexual assault center, survivor
advocacy office. health center. or similar entity. Thus. OCR hos concems that the quasi-
confidential category detailed in the Student Conduct Procedures is overly inclusive; to the
extent there are staff and persons who may receive confidential repons at the College the
number should be very limited.

OCR also has concerns that the College's policies procedures provide conflicting
information regarding start" reporting obligations and confidential reporting by students A
school's Title IX policies and procedures should be easin understood, but the College's Title IX
Policy and Procedures do not adequately describe the "quaskconfidenltal" reporting option
Last. OCR has concerns that the Siuderti Conduct Procedures inappropriately places the burden
on the student to determine the duties and ability of staff persons or peisons affiliated with the
College to maintain pn'vacy.

In addition. given that none of the College staff members interviewed by OCR were aware of the
quasi-confidential reporting category. OCR has concerns that College stair are not adequately
trained regarding the College's policy regarding reporting obligations, A school needs to ensure
that responsible employees with the authority to address sexual harassment and sexual violence
know how to respond appropriately, and know that they are obligated to report sexual
harassment and sexual violence to appropriate school officials, and that all other employees
understand how to respond to reports of sexual harassment and sexual violence.

5i Confidentiality

The Title IX Policy and Procedure-S states that every etrurt will be made to maintain the privacy
or those inttiating a report. and in all cases, the College will give consideration to the party
bringing an investigation with respect to how the investigation is pursued, but reserves the right,
when necessary to protect the community, to investigate and pursue a resolution when an alleged
survivor chooses not to initiate or participate in a formal investigation, By contrast. without
noting the obligation to investigate to the degree possible, the Title IX Information Page contains
a tab entitled "Why is Reporting Important?" in which it states that "the College 15 unable to
charge someone who has participated in an act ofsexuui misconduct or harassment without an
actual survivor coming font/or 

Additionally, one Title IX Team member told OCR that ifa survivor wishes not to proceed With
an investigation or adjudication, the College will cease its investigative activities The Team
member further stated that the College will only proceed with investigation or adjudication.
against the survtvor's Wishes, if there is a risk to the community. According to that Title ix
Team member, the Title Ix Coordinator is responsible for making the determination as to
whether the College can honor the survivor's request. or has to proceed with an investigation,

in contrast. other into ix Team members interviewed by OCR told DCR that [he College has an obligation to
investigate every rcponod title ix incident, without considerzhun to the victim's wishes

 

Based on this information, OCR has ooncems regarding the College's approach to confidentiality
issues. Specifically, the College's Title IX Page stating that the College is unable to
proceed without an actual survwor is flawed, as wntlen. The College has an obligation to make
reasonable efforts to investigate and address instances of sexual misconduct when it knows or
should have known about such instances. even when a complainant chooses not to participate in
an investigation. As such, the information presented in the College's Til/e Information Page
should be consistent with the information presented in its College's Title LX Policy and
Procedures. where it states that the College will carry out its Title IX obligations to investigate
tn the extent possible even when information is provided in a confidential manner. In addition,
OCR has concerns that College staff are not adequately trained regarding the Title IX Policy and
Procedures with respect to confidentiality, given the conflicting information prowded by the
Title team members during interviews.

6. Handling orCrimi'iiat Complaints

The Title IX [ii/ormotion Page lists the various reporting options for survivors, including
reporting to police for criminal charges, and provides the phone number for the Dover Police
Department. According to a Title lX Team member. when a student notifies the Campus Safety
and Security Office of a sexual assault. Campus Safety and Security will respond to the location
on campus. ensm'e that the student is safe, and provide the student With emergency medical
assistance, OCR observed that the College followed this pmcticc in folk (4) sexual misconduct
incidents that occurred in 2014 and The Director of Security told OCR that his office
coordinates with local police and that be routinely advises survivors who come directly to his
office to report an incident. of their right to file it complaint with local law enforcement. H:
limiter informed OCR that, ifan incident just took place. or is sufficienlly egegious, his office
will Contact local law enforcement to secure the scene. He stated, however, that the decision to
involve local law enforcement depends on the facts of each case

Based on a review or the College's case files related to reports of sexual harassment and sexual
violence from August 2013 through April 2015. OCR does not have any ooncems regarding the
College's handling of criminal complaints. Specifically, the documentation reviewed by OCR
reilects that the College contacted local law enforcement, when appropriate, and, in accordance
with Title IX, continued with its Title IX investigation notwithstanding of the law enforcement
process.

7. TraintnyOutreach'

The College conducted Title IX training for all employees in November 2015, which addressed:
the definition of Title lX, including the Various types of discrimination and harassment; the
individuals protected by Title IX (students, stati', faculty and third panics); the College's
obligation to address harassment that may occur off-campus; definitions or the various categories
of employees; definitions of sex discrimination, harassment and assault; bystander intervention;
confidentiality; retaliation; guidance on how to take a stand against and avoid engaging in sexual
harassment; information on various on and all" campus resources, including the contact
information for the Title IX Coordinator and other members of the Title lX Team; and case
scenarios. As noted above, even though the training the definitions of the various

ocn renewed and assessed the College's ritie ix [ranting activities that occurred during, or after the time period
in which til: incident that is the subject omits complaint occurred

 ,i 

employee reporting categories, OCR has concerns regarding the adequacy of the training
provided In the College community given that College staff interviewed by OCR lacked
sufficient understanding of the various employee reporling options and obligations regarding
confidentiality.

The College also conducted Title IX training for all students in the fall 20l5, in which 720
students who lived in residence halls, and 12 commuter students participated. The College
provided OCR with a copy oftlie PowerPoint slides that were utilized during the training, which 
reflects that the training: provided an overview til' Title IX, including its statutory language;
explained that Title IX applies [0 all forms of sex based including sexual
harassment, sexual misconduct. sexual Violence and gender-based harassment, and applies to
students, staff and third parties: clarified that Title IX protects students in any educational
program or activtty, even at school-sponsored otT--carnpus activities: provided a definition of
notice. and timber defined what is considered a responsible employee; provided an in--depth
definition of sexual harassment, includlng sexual violence. and provided several examples;
included a section on consent and retaliation, and bystander intervention; the duty to report;
confidential reporting options; and a list of available resources, including the name and contact
information for the Title IX Ctlordlnator and the other Title IX Team members. A key Title IX
Team member told OCR that the training was mandatory and that they tracked attendance:
hovvever, it was acknowledged that there was no consequence for non-attendance.

A Title IX Team member stated that the College also conducted targeted Title IX training for
resident advisors during the summer 2015, which addressed the reporting process, consent.
bystander intervention, the influence of alcohol, etc. in addition, as described more fully above,
the documentation by the College demonstrates that it conducted several targeted
training sessions for the Title lX Coordinator. other Title IX Team members and Assistant
Direcmr for Residence Life in 2015. Additionally, the College provided OCR wilh copies of
posters that are located throughout campus since the fall 2013, providing information regarding
sexual assaultt

During OCR pnsitc interviews with hearing panel members, OCR learned they received general
training sexual harassment in 2012 by the College's consulting attorney for student
affairs issues. However, the hearing panel members each lacked clarity regarding the College's
preponderance of evidence standard.

As noted above, OCR has concerns that the training of the Title IX Team members who handled
various aspects of the complaint against the accused Student was insutficient as several Title lx
Team members either not follow or misapplied the College's Title IX Policies and
Procedures, resulting in an inequitable process that did not meet the requirements orTitlc ix. in
addition. as described more fully above. OCR has concerns that College staff are not adequately
trained regarding the College's policy on requests for confidentiality and reporting obligations.
and that hearing panel members were not trained since 2012. Thus, staffdid not have sufficient
knowledge of the requirements orTille IX and the College's own policies and procedures on sex
discrimination in order to effectiver implement their rule and responstbilities.

8. Record Keeping Practices

The Title or Policy and Procedures provides that records of all investigations, resolutlons and
hearing will be kept in the President's Office. The February and June 20l6 Title lXPa/icy and

 

Procedures modified this provision by designating that the materials would he maintained in the
Student Affairs' Office. However, in November 2015, it key Title IX administrator informed
OCR that the College's practice is to delete recording; of hearings IO days afier the conclusion
of the hearing or appeal process, including the recording of the accused Student's hearing, The
revised February and June 2016 Title IX Policy and Procedures state that recordings will he
10 after the ctittclusion ofthc hearing nr process,"

A Title IX Team member reported that information regarding incidents of sexual hamssment or
sexual violence is documented in a daily Blotter and Crime log, and incident Reports are
completed by each relevant Title IX Team member. The Team member further provided that the
Safety and Security Administrative Assistant maintains documentation of complaints.
investigative materials and findings regarding each incident.

The Title IX Coordinator told OCR that the Student Conduct Coordinator compiles all
information regarding incidents ot'scxual harassment, which the Title IX Coordinator reviews on
at least a basis to identify patterns in repeat offenders. events of concern. and locations.

'The Title Ix Educator/Investigator took over this role once she was hired in October 2015. The
Central Coordinator for Hostile Environment maintains all documentation ot'incidents of sexual
harassment involving employees,

OCR has concerns regarding the College's deletion within [0 days of the accused Student's
hearing record. The College is required to meet its legal obligation to comply with the record-
keeping provisions of the Department's regulation.7 While Title ix does not require a recipient
to make a recording of hearings, to the extent that such a recording is made, it constitutes a
record and must be kept in order to be available to enable OCR to ascenain whether the College
is carrying out its legal obligations tmder the Title IX regulations. Destroying hearing records
afier the nr appeal necessarily means that the College was undertaking steps that would
result in relevant information not being available to OCR during its investigation and monitoring
to assess whether the College is carrying out its legal obligations undcr the Title IX regulations.
OCR ts obligated to renew pertinent practices and policies orthc College, the circumstances in
which the noncompliance occurred. and other factors relevant to a determination of whether the
College has corrected its noncompliance with Title (X. Similarly, the document destruction
prevents any extcmai review, including pursuant to judicial proceedings, should a participating
student wish to challenge the equity of the College's administrative process in court. Finally,
destruction of the hearing records prevents the College itself. and specifically its Title ix
Coordinator. from being able to renew infomtalion to determine whether patterns of conduct
exist, or whether further steps are necessary for the College to take to ensurc student safety, or
whether the College is satisfied with the fairness of its own administrative process as applied in
particular cases,

OCR also has concems that the College's February and June 2016 Title IX Policy and
Procedure: have conflicting provisions regarding maintaining all materials regarding reports of
sexual violence. On the one hand, the Febniary 20l6 Title IXPrill'cy and Procedure: require that
all documents are maintained by the College and. on the other, provide that hearing transcripts
will be deleted within 10 days at the conclusion of the hearing or appeal process.

The regulation Title Vlad-1 C.F.R 9 month) and requires that a rectptent or Federal financtal
assistant-e nuke to OCR iniarnutton that may be to reach I compliance detemunalton This
requirement it Incorporated by reference the ix regulation ttr? 106 

 

i)

9. Student Climate Information and Climate Assessment/Response

The College provided copies or an employee and student Title IX survey that was administered
in early January 2016. The College reported that it is using the mults ol' the survey to develop a
strategic plan for shitting the College climate regarding Title IX issues.

OCR reviewed a summary report of the survey rBults of the January 2016 survey, which reflects
that 18 students completed the survey (79% female students; 21% male students). OCR
notes that only 5% of the responders who experienced or observed an incident of sexual
harassment ondi'or misconduct indicated that they reported the incident formally to College staff
or administrators; 15% of the responders indicated that they did not know to whom they should
report the incident. Twelve and one-half percent or the responders indicated they did not repon
,the incident because they did not think College administration would do anything. Half of the
responders indicated that they understand the College process for addressing repons or
unlaw ful discrimination and sexual mlsconducl.

One hundred nay-three (153) employees completed the employee survey. The summary report
for the employee survey reflects that of the responders indicated that they had observed
sexual harassment on campus and 6% of the responders stated that they encountered sexual
harassment that they did not rcpon. In addition, 18% of the responders stated that they feared
retaliation for reporting sexual harassment.

The College's administration of the sinvey attorded the College tnformation through which it
can assess its Title lx obligations. oca does not have concerns generally regarding the
College's administration of the climate survey and assessment, except that increased
participation will potentially lead to more accurate data upon which the College oould justifiably
rely in developing its strategic plan for changing the College climate regarding Title IX issues.

10. of Complaints and Incldenm of Sexull Assnull/Vlolence

OCR investigated whether the College provided prompt and equitable responses to sexual
harassment and/0r sexual violenoe complaints, reports and/or other incidents of which it had
notice (knew or should have known about) from August 2013 through April 2015, including the
Incident involving the accused Student. OCR also investigated whether any failure by the
College to and equitably respond to complaints ofsexual harassment/violence of which
it had notice, resulted in individuals being subjected to continuing to be subjected to a sexually
hostile envrronment.

Involving the accused Student and Smdents l. 2 and 3

On March 31. 2015, an Associate Professor (the reporting Professor) notified a Title IX Team
member (Administrator I) that she received a report by two female students of an incident of
sexual misconduct involving several students at an off-campus residence. The reporting
Professor stated that the female students told her that a member ofa fraternity, Student 1, had
live streamed himself engaged in a sex act with a female student (Student 4) Without her
knowledge, and that other students had seen the live stream. She reported that the incident
occurred sometime over the weekend of March 20-22. 2015. Administrator 1 reported to OCR
that, later that same day, the two female students arrived at his office to make their own report.

 

t7_

and at that time, they provided him with the name oi'another male student (Witness 1) who could
provide additional information. On the aflernoon of March 31, 20l5, Administrator 1
intervtewed Witness l, who stated that. although he was not present at the time of the incident,
he was aware that members of the fraternity provided Student 1 with a video camera to live
stream the sexual encounter, Witness 1 identified the fraternity members who watched the live
stream as the accused Student and Students 2 and 3. On April 1, 2015, Administrator 1
conducted an interview with Student 1, who conceded that a video camera was setup in his
bedroom and live streamed downstairs, where the accused Student and Students 2 and 3 watched
ll.

Later on April 1. 2015. Administrator 1 and another Title IX Team member (Administrator 2)
spoke with Student 4. who confirmed that she engaged in a consensual sex act with Student I.
but that she never consented to the live streaming and found out about it from another student
days lalet'. Student 4 told OCR that she informed Administrators I and 2 that she believed that
the accused Student was not involved in the planning or execution otthe live streaming. Student
4 told OCR that another Title IX Team member (Administrator 3) told her that the hearing would
have to proceed because the accused Student was identified by witnesses as being involved in the
planning and execution of the live streaming. Student 4 confin'ned that. shortly thereafler, a
College counselor called her, stated that she was aware of the incident, and offered counseling.

On the same day (April 1, zolsi. the accused Student and Studme 1. 2 and 3 were called to
Administrator 3's article and notified that they were being charged with violations of the
College's Code a/Conducl (Violations 13.0 (General Laws: Violation of Delaware anacy Law)
and 15.0 (Sexual Misconduct&gt;&gt; and that the College was imposing an interim suspension upon
each student. Although the Title IX Policy arid Procedure: states that whenever an interim
suspension is imposed. the student will be given the opportunity to show why the suspension
should not be implemented. College staff conceded to OCR that neither die accused Student,
Students 1, 2, or 3 were afforded this opportunity. Later on April I, 2015' Administrator 3
provided each smdent with written notification of the charges, advising each student of the
interim suspension that included a bar from campus and attendance in classes, and a no contact
order Student 4. The letter further advised that each student must contact Administrator 2
to obtain information about the student conduct process.

The April 1, 20t5 letter that was sent to the accused Student and Students 1. 2 and 3 differed
from the notices that were sent to accused students in every prior incident report that was
provided to OCR from the 20134014 and 2014-2015 academic years. Specifically, all other
notices provided to accused students stated:

"You do have the right to go lhmugh [he college': student conduct process to respond to
these charges Please call or email [lire designee] arrange an cduum'unal
conference. During this conference you and [lhe designee] will discuss what occurred
and she will warm yuu ofyuur options" which may be Board Hearing,
lo resolve Ihe mailer."

By contrast, the notice sent to the accused Student and Students 1, 2 and 3 stated: "You
do have llie right la go through lhe college '5 studertl conduct process lo respond lites-2
charges Please call or entail [Administrator discuss the procedure During this
conversuliort you and [Adminislralar will discuss the formal Judicial Board Hearing

 

she also convene the board and rnfimn you ofzhe date and "me of your

  

According to the Student Conduct Procedure: sci forth in the 2014--2015 Student Handbook in
died at the time of the incident. that was also forwarded as a link to the accused Student and
Students 1, 2 and 3 on April 2, 20I5, the educational conference is where the accused student is
provided with the opportunity to explain his/her version of events, and, where the accused
student is given the option of accepting responsibility and thus waiving the rigtt to a formal
Judicial Board Hearing, The educational conference takes place between the College and the
accused student; the student who makes the accusation does not participate.

Administrator 2 conceded that no educational conference was to the accused Student or
Students 1, 2, and 3. Administrator 2 also continued that another resolution option detailed in
the rule IX Policynmi Rmcedures (Resolution without a hearing), was not provided to the
accused Sludenl or Students l. 2 and 3. Thus, although the educational conference and
Resolution without a hearing resolution options were detailed in the policies and procedures in
etTect at the time of the incident. neither the accused Student. not Students l, 2 and 3 were ever
offered these resolution options. Administrator 2 also conceded that the Title IX Policy and
Procedures and the Student Conduct Procedures provide for the options of the educational
conference and Resolution without a hearing for all matters, including incidents of sexual
violence. Thus, not only were these resolution options never made available to the accused
Student or Students 1, 2 or 3; notice was never provided to the accused Student or Students 1, 2
or 3 that these means oftesolution were not available for them. Moreover, because these options
were not afforded to the accused Student or Students 1, 2 or 3, they were not provided with the
opportunity to explain their version of events or the option of accepting responsibility and thus
waivmg the right [0 a {on-rial Judicial Board Hearing. The accused Student asserts that as a result
of his confusion the student conduct process, he believed that the fon'nzl hearing was,
in fact, an informal educational conference and/or Resolution without a hcanngt

On April 1, 2015. Administrator 2 spoke with the accused Student regarding the student conduct
process. Administrator 2 asserts that she informed the Student that the College could assist him
with providing an excuse from classes for each witness he intended to call, which the Student
adamantly denies. OCR notes that the Judicial Hearing Pointers sheet which was provided to the
accused Student via email on April 2, 2015, stated that it was his responsibility to contact any
witnesses to the alleged violation that he wanted to attend the Hearing.

On April 2, 2015. Administrator 2 emailed the accused Student to advise him of the date and
time for his Judicial Board Hearing, and provided an attached Judictal Hearing Potnters sheet, as
well as a link to the Student Handbook for further information regarding the student conduct
process. Even though staffmterviewed by OCR averted that the applicable policy at the time or
the incident was the Til/2 Ll'Poli'ey and Procedures, this was not provided to the accused Student
during the investigation and/or resolution of the complaint against him. The accused Student
told OCR that tl was his understanding that he should follow the Student Conduct Procedure: set
forth in the Student Handbook because Administrator 2 provided him with a link to it as further
infon'nation and guidance. More specifically, because the Student Conduct Procedures set forth
in the Student Handbook called for an educational conference as the first step in the student
conduct process he explained to OCR that he believed that the hearing scheduled for April 7,
2015 was either an informal hearing. the educational conference, and/or the Resolution withom a

 

   

Page 2

hearing detailed in the Student Conduct Procedures, and, therefore, he was not
sufficiently prepared at the hearing

The Judicial Board Hearing for the accused Student and Students l, 2 and 3 was held on April 7,
Although the Title IX Policy and Procedure: states that all investigalions will be
thorough reliable. and impartial, and will entail interviews with all relevant parties and
wttnesses, the College did not conduct any intervtews With the accused Student or Students 2 and
3 prior to the hearing. Moreover. although the Title Policy and Procedure: states that the
Chair will exchange the names ofwitnesses the College intends to call, all pertinent documentary
and any written findings from the inv iigalnrs "bctwecn panics," at least two
business days prior to the hearing, neither the accused Student, not Students t. 2 or 3 were
provided with a copy of the lncidenr_Repott or the investigative findings prior to the hearing.
Thus, neither the accused Student nor Students 2 or 3 were provided with the information
collected by Administrator I from the anonymous t'cmaic students who reported the incident,
Witness 1, and Student I, The accused did not bring any witnesses to the hearing, but he
provided a letter of support from two at his As stated above, the accused Student
stated that he did not bring Witnesses to the hearing because he did not believe that the April 7,
lots hearing was the final step in the process; rather, in accordance with the Student Conduct
Procedures set forth in the Student Handbook that was sent to him as a link on April 2, 20l5, he
believed that the April 7. 2015 hearing was an educational conference and/or Resolution without
a hearing,

The College stated that the reporting Professor and Student 4 were the only two witnesses called
during the hearing. In addition to the hearing panel members. Administrator 1 and Administrator
2 were also present at the hearing. At the hearing, the accused Student and Students 1, 2 and 3
were present to hear the initial reading of the Report by Adminislmtor l, and were each
able to question Administrator 1 directly The accused Student and Students 1, 2 and 3 were
then brought to the hearing panel individually to give their statement and be questioned by the
panel; none or the smttents were informed of each other's testimony. According to the hearing
panel members, Student I stated during his individual testimony that the accused Student
participated in the planning of the incident and watched the live stream on the date or the
incident. Although the Title Lt Policy and Procedures states that all parties are to have ample
opportunity to question all witnesses during the hearing. the accused Student was not made
aware ofthis testimony by Student 1 at any time during the hearing or thereaner. and was never
provided with the opportunity to question Student 1 regarding his testimony. Each panel
member also informed OCR that Student 4 expressed reluctance to participate as a witness
because she disagreed with the College pursuing adjudication against the accused Student and
Students 1, 2 and 3. Although the proceedings were recorded, a key Title IX administrator
reported that recording was deleted within ten days afler the appeal was completed

The College provided OCR with the Judicial Board Hearing Summary for all four accused
students, which was dated April 8. 2015 and reflects that the Board found each responsible for
violations I10 (General Laws) and [5.0 (Sexual Misconduct) and recommended an expulsion
for each smdenti The accused Student and Students 1. 2 and 3 were provided with written notice
of the outcome of the hearing and expulsion, which also stated that each smdent was prohibited
indefinitely from taking classes, or being present on College owned or controlled properly. and
was subject to arrest for criminal trespass if he was found present on College property without
permission from Administrator 2. included with the letter was a summary of the appeal

 

procedures. Student 4 told OCR that she received a copy of the letter adVIsing her of the
outcome ol'the Judicial Board Hearing via email.

The Complainant asserts that the College did not conduct an equitable of the
incident by failing to obtain other witness statements during the investigation, and by tailing to
assist the accused Student with exeusing his witnesses from class to attend the Judicial Board
Hearing. The Complainant also asserts that a key witness was Student 4. but the accused Student
could not ask for Student 4 to provide a statement as a no Contact order was implemented on
April I, 2015. Last. the Complainant cited the following statement in tilt: College's Title 1X
Policy and Procedures: "The College is unable In charge someone has participated in an
act of :cxurzl misconduct ar harassment without tm actual victim coming font-ant." The
Complainant asserts that the College failed to follow its policy by charging the accused Student
when Student 4 did not come forward to report the incident.

The Complainant provided OCR wrih a cnpy or an April 9. 2015 email that Student 4 sent to
Administrator 2 allet the hearing asking for a meeting. and stating that she teamed that there
was a video of Student 3 admitting to planting the camera in the room. She further stated that
she wanted to discuss why the accused Student was expelled given that he had no involvement in
the incident. Student 4 told OCR that. afier the hearing, Students 1, and 3 admitted to her their
involvement in the incident, and conceded that the accused Student had no involvement in the
planning or execution of the incident. She further asserts that she inion'ricd Administrator 2 of
this information, who told her that the accused Student would have to appeal the hearing panel
decision.

On April 16, ms, the accused Student submitted an Intent to Appeal For-m, based on new
evidence that was not available at the time of the hearing. which, if introduced. he believed
would sigtificantly affect the outcome of the The accused Student stated in his appeal
that new evidence that was not available at the time of the hearing was that Student 4 learned
exactly who was responsible for the live streaming, and reported it to Adrnirustrator 2. In
addition, the accused Student submitted letters of support. Administrator 2 notified the accused
Student in writing that his appeal was denied because it failed to meet the College's criteria. The
appeal requests for Students 1, 2t and 3 were also denied.

The accused Student was expelled from the College a few weeks before graduation and
subsequently in February 2016 he entered into and completed a trade program at another school.

Analyst: aflhe Incident Involving the Accused Student and Student: t. 2, and 3
The Accused Student

OCR determined that the accused Student was entitled to procedural protections that the College
did not afford him. in processing the complaint against the accused Student, the College did not
satisfy Title ix. the College did not comply with its own procedmes and, in fact. the College
acted in direct contradiction of its procedures and as a result the resolution ot'the complaint was
not equitable. The College's failure to interview the accused student impacted the College's
investigation and resolution of the accused Student's case. Without any information regarding
the accused Student's responses to the allegations, the College was limited in its ability to obtain
all potential relevant evidence, which, in turn, made the decisions it undertook potentially based
on insufficient information. Likewise, the College's failure to share information with the

 

i 

accused Student, as well as the College's provision of (the incorrect policy) to
the accused Student. limited his ability to fully participate in the process. Finally, the College's
deviation from its own proacss, as well as from procms that would be consistent w'lh Title IX. in
the conduct of the hearing itself prevented the accused Student from rec rig equitable
treatment as required by Title ix.

 

Specifically OCR's investigation disclosed evidence that the resolution of the complaint was not
equitable in several ways: 

The accused Student was not give" an opportunity to ,t'harz his version ofevenis and to benefit
from an investigation ofthe accuracy of that version ofevents, Because the College skipped the
step in its policy providing for an educational conference at which accused students could be
interviewed. the College could not have investigated 7 and did not investigate 7 facts the accused
Student may have presented. in addition, because this step in the process never took place
(coupled with the failure, discussed below, to share the incident report with the accused Student),
the accused Student did not benefit ironi notice, in advance ol' the hearing, of the scope of issues
under investigation and the information he could rebut if he so chests.

The Stu/lent was not with the opportunity to challenge ewdence that the
College relied upon in imposing his interim suspension. The College imposed an interim
suspension on the accused Student on the same day as the incident was reported, without
conducting an interview \Vllh the accused smdeni, or providing him with an opportunity to
explain why the proposed inierim suspension was not justified. as required by the College's Title
LX Policy and Procedures. While a school must assess whether the presence of an accused
student threatens the safety of individuals within the school community, a sufficient level of
inquiry 7 that is not here evident must be undertaken in determining the appropriateness of
interim suspensions.

77m accused Sludettl was never afforded his resolution options. While the College's Title IX
Policy and Procedures and/or Student Conduct Procedures provided opportunities for an
educational conference and/or Resolution without a hearing, the accused Student was given no
choice except the Healing process. Further, the specific information that the College provided
the accused Student regarding his resolution options some support for the accused
Student's position that he thought that he was attending an informal educational conference
and/or Resolution without a hearing. not the Judicial Hearing.

The Strident was not provided an adequate opportunity to defend Iiimselfai the Hearing The
College's Title IX Policy and Procedures specifically states that the would share all
pertinent documentary evidence and any written findings from the investigators between the
parties, at least two business days prior to the hearing and that all parties will have ample
opportunity to present facts and arguments in full and question all present witnesses during the
hearing. However, the accused Student never received a copy of or infon-nation contained in the
incident Report or other critical materials regarding the College's anticipated evidence against
him in advance ofthe Hearing including Student 1's statement against him. and, therefore, had a
very limited opportunity to rcbul charges made against him in the Judicial Board Hearing.
and challenge the evidence that the College relied upon in imposing the penalty orexpuision.'

The College's that it would haw provided assistance to the mused Student in csciisirig his witnesses
from classes fertile hearing is belied by the College own Judicial Pointers sheei. Moreover. whether or not the

 

i I 

The accused Student may not have been prowded rufll'ct'erii time to participate in the process.
The accused Student was notified ofthe charges on April 1, 2015 and was expelled followmg the
Judicial Board timing on April 8, 2015. Yet, the College's own processes may have required
more time than six business days to investigate and resolve the case if it had adhered to its own
procedures and timclincs. As prcviously discussed and according to the College's mic lXPo/t'cy
and Procedures anda'or Student Conduct Procedures. the following is required:

0 Within two (2) business days of the rtccipt of a complaint. an initial determination is
made whether a policy violation may have occurred.
if the complaining party wishes to pursue a formal investigation, or if the College decides
to pursue a formal investigation bitsed on the alleged policy Violation, then the Title IX
Coordinator appoints a Title lX Team member to conduct the investigation.
All investigations entail interviews with all relevant parties and witnesses.
At least one week prior to the hearing, the Chair will send a letter to the parties detailing
the alleged violation, applicable procedures and potential sanctions; time. date and
location for the heanng; and offer or an adviser. Hearings will be convened usually
within one to two weeks of the completion of the investigation.
The Chair will exchange Lhe narncs the College intends to call. all pertinent
documentary evidence, and any written findings from the investigators "between the
parties." at least two business days prior to the hearing.

The College's Title IX Policy and Procedure: also state that investigations of incidents should be
completed expeditiously, normally within 10 business days, unless initial interviews fail to
provide direct first-hand information The Title LY Policy and Procedures also states that the
College aims to complete the investigation and resolution of complaints within a 60 business-day
time period, which can be extended, as necessary, for appropriate cause and with notice to the
panics." Thus. the College own proccdurcs allowed it to take more time and it could have
implemented its procedural steps to ensure an equitable and prompt investigation and resolution
in the accused Student's case.

It is critical, for purposes of satisfying the Title IX that procedures be "equitable,"
that the accused Student have a reasonable opportunity to present his version of the events,
particularly in response to adverse "findings" which the College relied upon in imposing the
substantial penalty meted out to the accused Student -- expulsion. Thus, in conclusion, OCR
determined that the College failed to provide an equitable investigation and resolution of the
complaint the accused Student, including failures to follow many procedural elements
set forth in its Title IX Policies and Procedures.

Students I, 2 and 
For the same reasons as noted abovc rcgarding the procedures employed in College's

investigation and resolution orthc incident involving the accused Student, OCR concludcs that
the College did not comply with the requirements ofTiIle lX with rcgard to Students 2 and 3 by

 

College would have helped the accused Student's attend the hunug does not address 001': concern 
the iccusod siudcni was prowdcd the wrong policies which supports the accused Student's position that he believed
that he was mending an educaumul conference rather thin the Hearing

As discuss-ad above. 001 has concerns regarding the College's so business. rather than calendar, day timefnm:

failing to provide them with the opportunity to present witnesses and evidence during the
investigation: and by failing to provide Students 1, 2 and 3 notice regarding all possible means of
resolution, an opportunity to review the evidence prior to the hearing and fully participate in the
hearing. and sufficient time tr) partictpatc in the process. OCR also concludes that the College
did not comply with the requirements of Title IX by failing to assess the risk of threat to the
school community and the riylts of students, including the accused, by ensuring the sufficient
level of inqutry in determining the appropriateness of an interim suspension imposed against
Students l. 2 and 3. -

Inciden/r Involving Other Siudenlr

In its two&gt;&gt; of documentation for all student complaints or reports of sexual harassment or
sexual violence from August znl3 thruth April 2015 provided by the Collegc, OCR focused on
assessing whether the College's processes provided prompt and equttahle responses for both
parties to the complaint. OCR did not interview parties or witnesses involved in the cases. In
total there were twelve (12) complaints or reports made during that time period and OCR found
several cases with deficiencies. which further support OCR's findings that the College failed to
provide for adequate, reliable and impartial investtgalions and resolutions of complaints,"
Specifically. OCR found that the College violated the requirements of Title IX by. in many
cases. failing to offer the opportunity to accused students to witnesses and other
evidence. failing to provtde students who alleged sexual harassment including sexual assault
with appropriate intenln remedies including counseling and/or academlc servtces. and by falling
to provide the complainant with written notice of the outcome of the complaint. OCR also has
concerns that, in several incidents, the College imposed an immediate interim suspension without
that the College engaged in a sufficient level of inquiry regarding the
risk of threat to the community. and the rights of the students, including the accused. in addition,
the records the College provided reflect that it did not implement many of the Title IX procedural
requirements contained tn its grievance procedm'cs in the investigation and resolution of
incidents involving other students.

OCR concludes that the College responded to reports of sexual harassment and/or
sexual violence, as demonstrated by the conclusion of the College's investigative process in a
matter of days in ten (IO) of the twelve (12) incidents. OCR has concerns. however, that the
College's expedited investigation or complaints of sexual harassment and sexual violence may
have compromised the equity of such investigations.

In addition, OCR notes that, in several incidents, interim suspensions were imposed on the same
date that the incident was reported. Specifically, in the interim suspensions imposed on students
in six (6) incidents on the same date reponed, it is not clear from the incident flies Whelhfi' there
was an appropriate process to determine whether the interim suspension was warranted. While
immediate suspensions may be warranted by the circumstances to protect individuals or the
community. here the repetition of the swifl imposition of interim suspension coupled with both
the absence of errective and the lack of accused interviews, raises concerns.
Specifically, OCR has concerns that the College may not be affording accused students their
basic procedural protections by imposing immediate suspensions without conducting a sufficient
assessment of the risk to the community, while also considering the rights of the parties,

to separate conetpottdence tn the College, OCR identified the College's specific incident rile numbers for each
issue area rererenced below

 

 

including the accused student. The equitable principle in Title IX requires the College to
consider a variety or factors in weighing whether an interim suspension is an appropriate interim
remedy, given the potential educational impact of an interim suspension on the accused student.
These factors include, for example, circumstances that suggest a risk to the greater College
community, and the existence of risk that the accused student will commit additional acts of
sexual harassment or sexual violence. Other factors to consider are whether there have been
other sexual harassment or sexual violence complaints against the same accused student, whether
the accused student threatened further sexual harassment or sexual violence against the victim or
others. and whether the sexual harassment or sexual violence was committed by multiple
perpetrators. It is not clear. however. from the documentation provided by the College that it
reviewed or assessed any 01' these factors, or others. in any of the incidents in which an interim
suspension was imposed.

In seven (7) of the twelve (12) incidents, no evidence was provtded to demonstrate that the
complainant was provided with counseling and/or academic services. TitlelX requires a school
to take steps to ensure equal access to its education programs and activities. and to protect a
surVivor. as necessary, including taking interim measures before the final outcome of the
investigation and to take steps to end the harassment and correct its ellects. once a final
determination is reached Imposing sanctions against the perpetrator, without more, likely will
not eliminate the hostile environment, prevent its recurrence, and effectively remedy its effects.

ocn also found that, althouidi Administrator 2 told oca that the College always provides
written or verbal notice to the complainant of the outcome of the hearing. no documentation was
provided to substantiate this assertion for any of the incidents, Title IX requires that a school
adopt and publish grievance procedures providing for the prompt and equitable resolution of
complaints of sexual harassment and sexual violence One elanent that is critical to achieving
compliance with Title ix is providing notice to both parties ofthe outcome ofthc complaint. As
stated above, while the College's gist/moo procedures provided for many of the basic
procedural protections to which smdents are entitled under Title IX, including providing notice
to both parties of the outcome of the complaint, the College did not implement this procedural
requirement in all cases. By failing to provide written notice of the outcome to victims, the
College denied such students tunic procedural proicciions io which ihcy art: cntiilcd under Title
IX, and the opportunity to appeal the College's tindings in accordance With the College's
grievance procedures.

These issues outlined in the Resolution Agreement require the College to address the specific
deficiencies that OCR has identified by case his, using its revised policics and procedures once
they are approved by OCR.

CONCLUSION

OCR determined that the College's polieics and procedures and its Notice ofNon-Diserimimition
are not compliant with the regulation implementing Title IX, at 34 CF R. 106,8 and 106.9. In
addition, OCR determined that the College failed to provide equitable responses to complaints of
sexual harassment and sexual violence of which it had notice, including the complaint against the
accused Student, and complaints involving other students, in violation of the regulation
implementing Title R, at 34 l0631. In addition, OCR's invesligation identified
concerns regarding the College's designation and training of responsible employees, training for

 

 i 

the Title IX Coordinator and Title IX Team, including training regarding the appropriate
response to requests for confidentiality, and record keeping practices.

RESOLUTION

The enclosed Resolution Agreement addresses the compliance concems identified in OCR's
investigation and. when fully impletnented, resolve the College's noncompliance with' Title

IX.

In accordance with the Agreement. the College agrees to:

OCR monitor implementation of the Agreement.

Determine whether it engaged in a sufficient level ot' inquiry and consideration of the
of students, including the accused Student and Students 1. 2 and 3. and Student 4r
and the risk of the threat to the school community prior to imposing interim suspensions
upon the accused Student and Students 1. 2 and 3, and provide specific remedial acttons
if warranted. including. but not limited to, removal of each expulsion from all relevant
educational records, as well as an offer to allow the accused Student and/or Students 1. 2
and 3 to complete their degrees at the College and reimburse them for documented costs
incurred for enrollment at a different educational institution, and any other appropriate
measure.

Complete its investigation ofthe incident involving the accused Student and Students 1, 2
and 3, in compliance with Title IX.

Address the specific investigative deficiencies OCR idenltfied in the cases involving
other students, including, but not limited to, tailures to conduct adequate investigations,
provule written notice of remedial services, and provide written notice of the outcome of
the complaint investigation to the parties.

Publish an anti-harassment statement, revise its Title 1x gnevanoe procedures. and
confirm that it has properly designated a Title IX Coordinator.

Make revisions to its Title IX grievance procedures to ensure consistency among its
various Title IX policies and procedures so that students and employees receive clear
notice otthe applicable policies and procedures.

Provide training to ensure that all memhels of the College its
Title IX stuff and including students, faculty, administrators and other staff -- are trained
regularly on issues related to sexual harassment and on the requirements ofTitle IX,
Review the complaints and reports of sexual harassment and/or sexual violence made
from May 2015 through the date of the Agreement, to determine whether the College
investigated each complaint or repon and equitably.

Provide OCR with information concerning all incidents of alleged sexual harassment or
sexual violence at the College for the next two academic years

Enhance its outreach to and feedback from students, including by conducting an annual
climate check or series of climate checks with students on campus to assess the
efi'eetivcness of steps taken by the College towards providing a campus free of sexual
misconduct. In addition, the College will convene a committee, composed of staff,
students, and oommunity representatives, to develop a plan for educating students and
employees about sexual harassment and violence.

11' the College fails to implement the

Agreement, OCR may initiate administrative enforcement or judicial proceedings to enforce the

 

specific terms and obligations of the Agreement. Before initiating administrative enforcement
(34 C.F.R 100.9, 100. I 0). or judicial proceedings to enforce the Agreement. OCR shall give
the College wntten notice of the alleged breach and sixty (60) calendar days to cure the alleged
breach.

 

 

This concludes OCR's investigation of the complaint and shnuld not be interpreted to address the
College's compliance any other regulatory provision or to address any issues other than
those addressed in this letter. This letter sets forth OCR's determination in an indtVidual OCR
case. This Ictter is not a formal statement of OCR policy and should not he relied upon, cited, or
construed as such. OCR's formal policy statements are approved by a duly autltonzed OCR
official and made available to the public. The complainant may have the right to file a private
suit in federal court whether or not finds a vwlalton.

Please be advised that the College may not harass, coerce. intimidate, or discriminate against any
indwidual because he or she has a or participated in the complaint resolution
process. lt'ihis happens. the complainant ittay file another complaint such Imam}an 

Under the Freedom of tnfomiatton Act, it may be necessary to release this document and related
correspondence and records upon request. tn the event that OCR such a request, we will
seek to protect. to the extent provided by law, personally identifiable information. which, if
released. could reasonably be expected to constitute an unwarranted invasion of personal
privacy.

Should you have any questions, please contact Amy Niedzalkoski, Team Attorney at 215-656-
857] or 215-656-6935 or Beth ccrfa ed uni.

 

Sincerely,

(kw 
33
a Beth ('ieHman-Beer
I t' Supervtsory Attorney
OCR Philadelphia

 

Enclosure



\

)

RESOLUTIONAGREEMENT
Wesley College
Complaint No. 03-15-2329

ln order to resQ)vethe above-referenced complaint filed with the U.S. Department of Education,
Office for Civil Rights ('·OCR"), under Title IX of the Education Amendments of 1972, 20
U.S.C. § 1681 et seq., and its implementing regulations at 34 C.F.R. Part 106 ("Title IX"),
Wesley College (the "College'') agrees to take the steps set forth below. This Resolution
Agreement has been entered into voluntarily by the College and does not constitute an admission
by the College. OCR recognizes that the College has cooperated with OCR during the co~rse of
its investigation.
The term "complainant" used throughout this Agreement refers to an individual who is the
subject of alleged sex discrimination, r egardless of how the report comes to the attention of the
College, or someone who has made a report of sex discrimination to the College.
A.

SEXUAL MISCONDUCT/TITLE

IX GRIEVANCE PROCEDURES

The College will revise its policies and procedures that address complaints of sex discrimination
(including sexual harass ment. sexual assault, and sexual violence), including but not limited to
the Title IX Policy , Tide IX information page, and Student Code of Conduct. Some of the
provisions below are already included in one or more of the College's policy and procedure
documents; with regard to such provisions, tbe College will retain them in the revised
procedures, and will revise all related policies and procedures and other materials to ensure
compliance with Title IX. The College will ensure that notice is provided to students and
employees of the existence of the revised policies and procedures, and that these are widely
distributed.
Spec ifically, the College will address the following items to ensure its policies and procedures
are in compliance with Title IX :

l.

Notice that the procedures apply to complaints alleging all forms of sexual
misconduct (including sex discrimination and/or sexual
barassment/vio]ence) filed against employees, students, or third parties;

2.

An explanation of how to file a complaint of sexual misconduct (which
includes sex discrimina1ion and/or sexual harassment/violence) pursuant

to the policy and procedures;
3.

The name or title, office address, electronic mail (email) address, and
telephone number of the individual with whom to file a complaint;

4.

Definitions and examples of what types of actions may constitute sexual
misconduct (including sex discrimination and/or sexual
harassment/violence);

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5.

Definitions and identification of employees who arc : a) responsible
employees (i.e ., mandatory reporters); b) confidential employees; or c)
employees who work or volunteer in on-campus sexual assault centers,
victim advocacy offices, women's centers, or health centers, including
front-desk staff. and students and other staff with similar functions (who
should report incidents of sexual violence in a way that does not identify
students without their consent);

6.

A requirement that responsible employees promptly report sexual
misconduct that they observe or learn about;

7.

Provisions providing for an adequate, reliable and impartia l investigation
of all complaints prior to a hearing, which will include interview s with the
victim and the acc used , and any relevant witnesses, and a review of any
other relevant evidence;

8.

Provisions providing for the adequate, reliable, and impartial investig ation
of all complaints, including an equal opportunity for the parties to present
witnesses and other evidence and equal access to information being
considered in the grievance process (consistent with FERPA);

9.

An explicit statement that the College will consider the effects of offcampus conduct when evaluating whether there is a hostile environment
on campus;

10.

The College ' s obligation to make reasonable efforts to investigate and
address instances of sexual misconduct when it knows or should have
known about such instances, even when a complainant chooses not to
participate in an investigation, and to respond to complaints, reports, or
infonnation about incidents of sexual misconduct to stop prohibited sex.ual
misconduct, eliminate any hostile environment, take steps lo prevent the
recurrence of sexual misconduct and address any effects on campus from
such conduct;

11.

A descript ion of "mediation, " "reso lution w ithou t a hearing, " and " fonnal
hearing," as well as an explanation that mediation is not available when
the allegations include sexual violence;

12.

A description of theappropriate use of informal resolutions, if any,
including: when inforn:ial resolution may be inappropriate (e.g ., mediation
is prohibited in cases of sexual assault and those involving a student
complaining of sexual harassment against an employee in a position of
authority over the student); that the parties must be notified of the
available info1mal options, and that they are voluntary; and the right to
end the informal process at any time and begin the fonnal comp laint
process;

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13.

Provisions prohibiting parties from personally cross-examining each other
during the hearing processes;

14.

A statement that the preponderance of the evidence standard will be used
for investigating and making findings relating to allegations of sexual
misconduct;

15.

A provision excluding the participation of studen ts on hearing panels or,
to the extent that students are ever permitted to participate as hearing panel
members, a descrip tion of how their training will adequat~ly address
concerns related to this practice;

16.

Designated and reasonably prompt timeframes for the major stages of the
sexual misconduct grievance process that apply equally to the parties of
the complaint, including the fact gathering, complaint reso lution, and
appeal processes, if any;

17.

A description of the rights of complainants and available resources and
reporting options, including confidential resources, support resources,
such as counseling, disciplinary options, and the option to file or decline to
file a complaint with a local law enforcement agency;

18.

A description of the rights of students, including the accused, and
available resources, including complete informa tion about the hearing
process and con fiden tial cowiseling and support services;

19.

Notice of the availability of interim measures (such as counseling, housing
assistance, academic adjustment or other academic assistance, and stay
away orders), including how they can be obtained, to protect and support
the complainant during the College's investigation period, to provide for
the safety of the complainant(s) and the campus community and the
avoidance of retaliation;

20.

A provision noting that requests for interim measures may be made by or
on behalf of the comp lainant to any College official responsible for Title
IX compliance, who will be responsible for ensuring the implementation
of appropriate interim steps and coordinat ing the College's response to
these requests with the appropriate offices on campus;

2 1.

A statement that interim measures will not disproportionately impact the
complainant, and that interim measures are available even if the
complainant does not file or continue to pursue a complaint of sexual
misconduct;

22.

A provision indicating that the College will comply with law enforcement
requests for cooperation, that such cooperation may require the College to
temporarily suspend for a short period the fact-finding aspec t of a sexual
misconduct/Title IX investigation while the law enfo rcement agency is in

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the process of gathering evidence, and that the College will promptly
resume its sexual misconduct/Title IX investigation as soon as it is
notified by the law enforcement agency that it has completed the evidence
gathering process;
23 .

An explanation of the College's confidentiality policy, which includes an
assuran ce that the College will keep the complaint and investigation
private to the extent possible, explains what type of information will be
shared with the accused if a complaint is filed, and states that the
Co llege ' s obligations under Title IX do not end because a victim has
requested to not proceed with a Title IX investigation;

24.

Revisions to the College's procedures to clarify that, while discretion
remains important, parties are not restricted from discussing and sharing
information re lated to their complaints with others that may support or •
assist them in presenting their case;

25.

Concurrent written notification to both parties of the outcome of the
College's investigation and any appeal;

26.

A provision requiring that, if requested by the complainant, the College
will promptly implement a one-way no contact order (with the burden of
no contact on the accused) if the College bas made a fmding of
responsibility under the sexua l misconduct policy, even if an appeal may
be filed, or has been filed and is pending;

27 .

Notice of the opportunity for both parties to file an appeal, to the extent
the procedures allow appeals, and for both parties to participate equally in
the appeal process, even if the party has not herself or himself filed an
appeal;

28.

An assurance that the appeal will be conducted in an impanial manner by
an impartial decision-maker trained in issues of sexual misconductffitle

IX;
29.

Examples of the range of possible disciplinary sanc tion s and the types of
remedies available to the complainant and others;

30.

An explanation that the rights of students, including the accused and the
risk of threa t to the school community will be taken into cons ideration,
along with ensuring the suffic ient level of inquiry , in detennining the
appropriateness of interim suspensions;

31.

An explanation of how disciplinary actions, if any, relating to a sexual
misconduc t complaint (e.g., underage drinking before a sexual assault)
will be handled in the complaint procedure;

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32.

A statement that the complainant 's past sexual history will typically not be
used in determining whether sexual misconduct occurred; except where
consent is at issue, prior consensual activity between the two parties, while
not detemiinative, may be relevant to determining whether consent was
sought and given, recognizingthat consent to one sexual act does not
constitute consent for another sexual act; in addition, the past sexual
history may be relevant under limited circumstances, for examp le, to
expla in injury;

33.

A statement that medical and counseling records are privileged and
confidential documents that students will not be required to disclose; and

34.

A statement that retaliation is prohibited against any individual who files a
complaint of sexual misconducT/Iitlc IX, participates in a complaint
investiga tion in any way, or opposes in a reasanable manner an act or
policy believed to constitute sex discrimination.

Reporting Requirements:
By January I , 2017 , the College will provide for OCR's review and approva l a draft of
the revised procedures and any additional policies or informational documents that
address complaints alleging discrimination on the basis of sex (including sexual
harassment, sexual assault, and sexual violence). OCR will review these grievance
procedures and related materials in orde r to ensure that they comply with Title IX and
this Agreement.
Widlin 45 calendar days of written notification from OCR of its approval of the revised
sexual misconduct/Title IX grievance procedures, the College will provide written
confirmation to OCR that the revised procedures were adopted and implemented and that
faculty, staff, and students were provided with written notice regarding the grievance
procedures for resolving sexual misconduct/Title IX complaints, together with
information on how to obtain a copy of the grievance procedures. The College will
confirm to OCR that it has , at a minimum, made th is notification through: the College's
website; electronic mail messages to faculty, staff, and students; as well as by any other
additional means of notification the College has deemed effective to ensure that the
infonnation is widely disseminated. The College will provide to OCR copies of, or a link
to, its revised student handbooks and any other publications that contain the procedures,
as well as a link to its webpa gc where the revised sexual misconduct/Title IX procedur es

are otherwise located.

B.

NOND1SCRIM1NATION STATEMENT

The College will revise its notice of non-discrimination (the "Not ice") to state that the College
docs not discriminate on the basis of sex in its programs, activities, or employment. The Notice
will inclu de the name, title, office address, telephone number, and electronic mail ( email)
address of the College's designated Title IX Coordinator(s). The Notice will include a statement

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that inquiries regarding the application of Title IX and its implementing regulations may be
referred to the Title IX Coordinator(s) or to OCR.
The College will broadly publish its revised Notice, including on the College's website and in its
promotional materials, student and employee handbooks, application forms and its other
published materials in accordance with 34 C.F.R. § 106.8(a). Inserts may be used pending
reprinting of the publications.

Reporti ng Re qu ir eme nt:
By January 1, 2017 , the Co llege will provide for OCR review and approval, a copy of its
amended notice of nondi scrimination.
Within 4S days of OCR ' s approva l of the Notice, theCollege will prov ide to OCR a list
of the titles of the publications in which the its notice of nond iscrimination appears (e.g.,
College catalog, website, student handbook); and a copy of at least one publication
disseminated to the campus community, or printouts., or a link to an online publication
containing the Notice.

C.

POLI CY REVIEW

The College will review and revise, the Student Code of Conduct, to ensure that it is consistent
with Title IX. Specifically, the College will clea rly define each emp loyee category, and will
remove any inappropriate burden placed on students to assess each College staff and facu lty
member 's duties and ability to maintain their privacy prior to talking to them, and ensure that
incidents reported to non-<:onfidential employees are reported to the Title IX Coordinator.

Reporting Req uirement:
By March 31, 2017, the College will submit to OCR its assessment regarding the Student
Code of Conduct's consistency with Titl e IX, and any proposed revisions. Within sixty
(60) days after OCR 's approval of the revised Student Code of Conduct, the College will
provide OCR with documentation confirming that the College has publicized and
disseminated its revised Student Code of Conduct, as well as a description of how it was
distributed, a copy of its revised student handbook(s), and a link to its webpage where the
revised Student Code of Conduct is located.

D.

nTLE

IX COORDINATOR

The College will review and revise the current responsibilities of its Title IX Coordinator and
Deputy Coordinators (collectively . "Title IX Coordinators") to ensure that their responsibilities
are consistent with T itle IX. Based on the Title IX Coord inators' responsibilit ies, the College
will develop a description of corresponding mandatory training requirements for its Title IX
Coord inators. The responsibilities and training requirements will include the following:
l.

The T itle IX Coordinators will have expert knowledge of the College 's
Title IX grievance procedure(s) and oversee all Title IX reports received
by the Title IX Coordinators and all other departments , offices, and

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individuals identified as responsible employees or delegated the
responsibility for receiving and/or investigating reports of sex
discrimination, including sexual harassment and sexual violence, and will
address any patterns or systematic problems that arise during the review of
such reports and assess overall efficacy of coordination and overall
· response by. theCollege to sexual harassment and sexual violence,
including the implementation and efficacy of interim measures, steps
taken to stop sex discrimination/harassment found to have occurred and
prevent its recurrence, eliminate any hostile environment that has been
created for students, and steps taken to remedy any discriminatory effects
on the complainant and others, as appropriate.
2.

The Title IX Coordinator will retain ultimate oversight responsibility for
any Deputy Coordinators the College designates to assist the Title IX
Coordinator. Toe College also will develop specific statements ofroles
and responsibilities for each Deputy Coordinator that clearly delineate the
scope of each Deputy Coordinator's duties and their subordinate roles to
the Title IX Coordinator.

3.

The Title IX Coordinators will have ultimate responsibility for: the prompt
investigation of reports alleging sexual harassment and sexual violence;
adjudication of whether sexual harassment or sexual violence has occurred
in individual cases; the identification of remedies (including interim
measures) necessary to address sexual harassment or sexual violence,
eliminate any hostile environment, and prevent its recurrence; and
consultation. as necessary, on.any matter where it has been determined
that sexual harassment or sexual violence has occurred to ensure the
College's compliance with Title IX. To the extent that any of these duties
will be delegated to other individuals at the College, the statement will
clearly state what will be delegated to whom and how the Title IX
Coordinators will retain oversight of any delegated responsibilities.

4.

The Title IX Coordinators will oversee the provision of initial and ongoing
training to any Deputy Coordinators and any other individuals from any
College department or office delegated the responsibility for receiving
and/or investigating reports of sex.discrimination, including sexual
harassment and sexual violence. The Title IX Coordinator will also have
sufficient experience or training in these same concepts. The training
content will include the substantive requirements of Title IX and how to
investigate reports under Title lX that allege sex discrimination, including
sexual harassment and sexual violence.

5.

The Title IX Coordinators will have responsibility for the development,
coordination, and implementation of regular events hosted by or supported
by the College leadership on grounds to raise awareness in the College
community about all forms of sex discrimination (including sexual
harassment and sexual violence) and the College's policies and procedures

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regarding such matters, so as to reinforce to the College community the
importance of this issue to the College administration.

6.

The Title IX Coordinators will be responsible for providing information to
students and employees regarding their Title IX rights and responsibilities,
including-information about the resources available on and off College
property, the fonnal and informal resolution processes, the availability of
interim measures, and the ability to file a complaint with local Jaw
enforcement and the College simultaneously.

7.

The Title IX Coordinators will be responsible for the development,
coor-dioation, and implementation of periodic Title lX training for the
College community (i.e., staff, faculty, resident assistants, coaches,
students, etc.).

8.

The Title IX Coordinators will be responsible for periodic review and
assessment of the College's Title IX procedures, and any related policies
and procedures, to ensure that they are consolidated to the maximum
extent possible to provide an efficient resource for students, faculty, and
staff.

9.

Neither the Title IX Coordinator nor any Deputy Coordinators shall have
other job responsibilities that create a conflict of interest with regard to
their duties and responsibilities tmder Title IX. Tius includes serving in
any capacity during the appeals process, if the Title IX Coordinator or any
Deputy Coordinator participates in the administrative or board hearing.
even in a non-voting capacity.

10.

The Title IX Coordinators will be responsible for coorqinating
communications with the Dover Police Department regarding the
College's obligations under Title IX and for serving as a resource on Title
IX issues.

11.

The Title IX Coordinators will be responsible for coordinating the
development and implementation of periodic assessments (i.e. surveys) of
campus climate with regard to sexual harassment and sexual violence.

12.

The Title IX Coordinators will coordinate with appropriate administrators,
student services personnel, and law enforcement officers to identify and
address any patterns or systemic problems \UlderTitle IX and to assess the
overall efficacy of the coordination among these various offices.

13.

The Title IX Coordinators will annually review all reports of
discrimination on the basis of sex, including sexual harassment and sexual
violence, in order to identify and address any patterns or systemic
problems (such as how many reports involved particular groups of
students (e.g., first-year students, athletes, graduate students, members of
student organizations); whether any individuals or organizations engaged

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in repeated misconduct; whether there are any patterns of barriers to
reporting for any group of students; and/or if reports were not processed
promptly and equitably in compliance with the applicable policies and
procedures).

Reporting .Requirement:
By September I, 2017, the College will provide for OCR review and approval, a copy of
the Title IX Coordinators ' responsibilities and corresponding training requirements,
Wi thin 60 days of OCR ' s approval, the College will revise the T itle IX Coordina tors '
responsibilities and corresponding training requirements.
Within 45 days of revising the Title IX Coordinators' responsibilities and corresp onding
!faining requirements, the College shall provide OCR with the revised Title IX
Coordinators ' ·respo nsibi lities and corresponding training requirements, and
documentation substantiating that the College implemented and distributed the revised
Title IX Coordinators ' responsibilities and corresponding tra ining requirements to the
College's Title IX Coordi nat ors.

E.

SEXUAL MISCONDUCTfflTLE

IX TRAINING

1. Training for Employees Respoosib]e for Recognizing and Reporting Sexual
Misconduct
The College will provide training to all staff responsible for recognizing and reporting incidents
of sexual harassment (including but not limited to resident advisors (RAs), campus police,
faculty, administrators,counselors, general counsels, athletic coaches, health personnel, and any
other responsible employees, to the extent they arc not confidential resources under policy or
applicable law) .
The training will cover, at a minimum: ( l) the revised grievance procedures; (2) the obl igation of
staff to report sexual misconduct including what should be included in a report, any
consequencesfor the failure to report, and the procedure outlining their responsibility to
students' requests for confidentiality; (3) how to report sexual misconduct pursuant to Title IX
and the revised grievance procedures; (4) the pa-son(s) to whom sexual misconduct must be
reported; (5) bow to recognize and identify sexual misconduct and the behaviors that may lead to
and result in sexual misconduct; (6) the College ' s responsibilities under Title IX to address such
allegations; (7) and the relevant resourees available. The training should also include infonnation
on the reporting obligations of College staff; the complainant's option to request that their
identifying information not be shared with the respondent or that no action be taken; the
existence of available confidential advocacy, counseling, or other support services; and the right
to file a sexual harassment comp laint with the College and to report a crime to campus or local
law enforcement; the attitudes of bystanders that may allow conduct to continue; the potential for
victimization of students who may have experienced sex ual misconduct and its effects on
students; appropriate methods for responding to a student who may have experienced sexual
misconduct; and the impact of trauma on students who experience sexual misconduct.
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During the training, the College will provide copies of the revised sexual misconduct/Title IX
grievance procedures to all attendees or refer them to their location within the publications they
already possess.

Reporting Requirement :
By Sep tember 30, 2017, and by the same date in 2018 and 2019, the College will provide
documen tation to OCR dem onstrating that the College has provided the training
referenced in Section E(l) above. The documentation will include, at a minimum, the
date(s) of the traini ng; the name(s) and title{s) of the trainer(s); a copy of any materials
used or distn"buted during the training; and a sign-in sheet with the names and titles of the
individuals who .attendeji the training.

2. .

Training for College Community Members Involved In Implementation of
Sexual Miscontluctffitle IX Grievance Procedures

The College will provide its Title IX Coord inat ors and any other College officials/students
directly involved in receiving, processing, investigating, adjudicating, and/or resolving
complaints of sexual misconduct with training on the College's sexual misconductffitlc IX
grievance procedures; the College's obligatio ns regarding the investigatio n of complaints;
guidance from OCR; and Title !X's prohibitions on retaliation. The training will also include
instruction on how to conduct and document adequate, reliable , and impartial sexual
misconduct/Title IX investigations for those charged with investigative duties, including
information on working with and interviewing persons subjected to sexual violence; information
on partic ular types of conduct that would constitute sexual violence, including same-sex sexual
violence; the proper standard of review of allegations of sexual misconduct (preponderance of
the evidence); information about coordination and communication between the College and the
local external law enforcement; information on consent and the role drugs and alcohol can play
in the ability to consent; the importance of accountability for individuals foW1dto have
committed sexual misconduct; the need for remedial actions for the respondent, complainant, and
school community; how to detenrune credibility; how to evaluate evidence and weigh it in an
impartial manner; how to conduct sexual m iscon duct; confidentiality; the College's
responsibilities under Title 1X even in instances where the victim declines to proceed with an
investigation; information related to the employee categories and the mandatoiy reporting
requirements of all employees not designated as confidential employees; the effects of trauma;
and cultural awareness training regarding how sexual misconduct may impact students
differently depending on their backgrounds.

Reporting Requirement:
By August 31, 2017, and by the same date in 2018 and 201 9, the College will provide
documentation to OCR demonstrating that it has provided the training referenced in
Section E (2) above . The documentation will incl ude, at a minimum, the date(s) of the
training; the oame(s) and title(s) of the traincr(s); a copy of any materials used or
distributed during the training; and a sign-in sheet with the names and titles of the
individuals who attended the training.

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3.

Training for Board Hearing Panel Members

All Board Hearing panel members appointed by the College must receive training before they
can participate in the review of a case. The College will develop and provide training to all
Board Hearing panel members. Thistrainingwill be conducted annuajly during the monitorin g
period, and will add res s the College's sexua l misc onduct/T itle IX grievance procedures,
guidance from OCR, and Title !X's prohibitions on retaliation. The training will also include
information on working with and interviewing persons subjected to sexual violence; information
on particular types of conduct that would constitu te sexual viole nce , including same-sex sexual
violence; the proper standard of review of allegations of sexual misconduct (preponderance of
the evidence); informa tion on consen t and the role drugs and alcohol can play in the ability to
conse nt; the impo rtance of accoun tability for individuals found to have committed sexual
misconduct; the need for remedial actions for the respondent, complain ant, and school
community; how to determine credibili~y; how to ~valuate evidence and weigh it in an impartia l
manner; confidentiality; the effects of trauma; and cultural awareness training regarding how
sexual misconduct may impact students differently depending on their backgrounds. The
training will also address the appropriate standard of review to emp loy when reviewing cases of
sexual misconduct (the prep onderance of the evidence standard).

Reporting Requirement:
By August 31, 2017, and by the same date in 2018 and 2019 , the College will provide
documentation to OCR demonstrati ng that it has provided the training referenced in
Section E(3) above. The documentation will includ e, at a minimum, the date(s) of the
trainin g; the name(s) and title(s) of the trainer(s); a copy of any materials used or
distributed during the trai nin g; and a sign -in shee t with the names and titles of the
individuals who attended the training .

4.

Training for Students

The College will provide training to all studen ts, inc lud ing graduate students , on the College's
sexual m isconduct/Title IX grievance pro ced ures, the College's obligations regarding the
investigation of complaints , includin g the Colle ge's responsibilities under Titl e IX even in
instances where the victim declines to proceed with an investigation, guidance from OCR, and
Title I.X's prohibitions on retaliation. The train ing will also inc lude information on particular
types o f condu ct that would constitute sexual vio lence, including sam e-sex sexual violence, and
infonnatio n on consent and the role drugs and alcohol can play in the abi lity to cons ent The
train ing will also make students aware of the College' s prohibition agai nst sexua l haras sm ent,
sexual violence and retaliation; educate students on how to reco gnize such forms of sex
discrimination when they occur; inform studen ts regardin g how and to whom any incidents of
sex.ual harassment, sexual violence and retal iation should be reported, including information
related to the employee categories and the mandatory reporting requirements of all emp loyees
not designated as confidential employees; and provide a general overview of Title IX. the rights
this I.aw conf ers on stude nts, the resources available to studen ts who have experienced sex ual
harassment, sexual violence and retaliation, and the role and authority of OCR to enforce Title
IX. This training will be presented in lay terms famili ar to College students. The College will
assess how to make sure all of the student body and community receive training.
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Reporting Requirement:
By August 3 1, 2017, and by the same date in 2018 and 2019, the College will provide
documentation to OCRdemonstrating that it has provided the training referenced in
Section E(4) above . The documentation will include, at a minimum, the date(s) of the
training; the name(s) and title(s) of the trainer(s); a copy of any materials used or
distributed during the training; and a sign-in sheet with the riarncs and titles of the
individua ls w ho attended the training .

F.

DISSEMINATIONOF INFORMATIONREGARDING SEXUAL
MISCONDUCT
(INCLUDINGSEX DISCRIMINATIONAND/OR SEXU~
HARASSMENT/VIOLENCE)

The College will, as appropriate, revise its existing materials or develop n~w materials on sexual
misconduct to be distributed to students during orientation and upon receipt of complaints of
sexual misconduct . The materials will contain information on what constitutes sexua l
misconduct, what to do if a student has been subjected to sexual misconduct, and contact
information for on- and off-campus resources for students who have been subjected to sexual
misconduct In addition, the College will include information on how to file a complaint of
sexual misconduct w ith the College ; the name and contact information for the College 's Title IX
Coordinator or the individual with whom complaints are filed, and a description of the Title IX
Coordinator 's role; information on how to obtain counselLr,g and academic assistance in the
event of seitual misconduct; and information on what interim measures can be taken to protect a
comp lainant and how to request interim measures if thealleged perpetrator lives on campus
and/or lives in the same dorm and/or attends the same classes as the complainant
Reporting Requirement:

By March I, 2017 , the College will submit for OCR's review and approval, the materials
referenced in Section F, above.
Within 60 days of OCR ' s approval of the materia ls, the College will provide
documentation to OCR demonstrating that it has implemented Section F above, including
a Jjnlc tO where the material is posted on the College's website . The documentation will
include information about which of the College offices will be responsible for
distributing the materials upon receipt of a complaint of sexual misconduct (including sex
discrimination, sexual harassment, and/or sexual assault/violence).

G.

CAMPUS-BASEDCO:MMITTEE

The College will create a Committee consisting of: (i) the College's Title IX Coordinator(s); (ii)
an additional College -level administrator with knowledge, responsibilities and authority relevant
to the duties of the Committee; (iii) representative administra tors, faculty members and students ;
(iv) representatives from any community-based organizations which provide services to the
College related to sexual harassment/violence prevention; and (v) such other individuals as the
Colle ge determines appropriate, such as College counselors or health-service workers. T he
Committee will develop a plan to be implemented at the College for educating students and
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employees about issues related to sexual harassment, including what constitutes sexual
harassment and the impact it has on individual students and the educational envirorunent, the
prohibition of sexual harassment in the educational setting, the importance of reporting sexual
harassment, bow and to whom to report incidents of sexual harassment, the College's obligation
to respond appropriately to notice of sexual harassment, and potential consequences and
..
corrective action if harassment is found. The College will implement the plan and monitor its
effectiveness.
Reporting Requirements :

By March 30, 2017, the College will provide OCR with a list of names and titles of the
members of the Committee, meeting dates and meeting minutes.
By August 1, 2017, and by the sam_edate in 2018 and 2019, the College will submit to
OCR for review a list of recommendations submitted by the Committee. as well as a list
of the recommendations that were adopted by the College. In particular, this list will
include a copy of the Committee's recommended actions relating to the procedw-es,
outreach, and training, and/or other College practices addressed by this Agreement,
together with supporting information that explains the bases for the recommendation
(such as climate checks), and the College's plans with respect to those recorrunendations
(including timefrarnes for such plans).

H.

CLIMATE CHECKS

Toe College will conduct a climate check with students to assess the steps and measures taken
pursuant to this Resolution Agreement and otherwise by the College to achieve its goal of a
campus free of sexual misconduct, in particular sexual assault/violence. Toe climate check may
be accomplished in many ways, including focus groups, open forum information session,
publicized walk -in hours for campus community input or through a written or electronic survey,
provided that students receiving the survey also are notified of a contact person, such as a
counselor, should they wish to discuss this issue in person. Any survey used should contam
questions about the student's knowledge of sexual misconduct (including sex discrimination
and/or sexual harassment/violence), any experiences with sexual misconduct while attending the
College, and the student' s awareness of the College's sexual misconduct/Title IX policies and
procedures.
The College will subm.itfor OCR review and approval a description of the tools used for
conducting a climate check or series of climate checks. The description will include the
College's strategy for implementing the climate check(s) and analyzing the results. information
gathered during these climate checks will be used to inform future proactive steps taken by the
College to provide an environment that is safe and supportive to all students and in compliance
with Title IX. Finally, part of the College's ongoing climate checks will include informing
students about to whom they can report concerns of sexual misconduct (including sex
discrimination and/or sexual harassment/violence), such as the Title IX Coordinator or a
counselor. as described in other provisions of this Agreement. The College will submit proposed
future revisions to its climate check tool(s) for OCR review and prior approval during the
monitoring of the Agreement.
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Reporting Requirement: ·
By June l, 2017, and by the same date in 2018 and 2019, the College will provide
documentation to OCR demonstrating implementation of Section H above, including a
description of how the climate check(s) were completed, summary frequency tables of
the student responses fonnatted in a manner that does not disclose the responses of ·
individuaJ students; and proposed actions, if appropriate, that the College plans to talce·tn
response to the information gathered during the climate checks.

I.

COMPLAINT REVIEWS
1. Review of Complaints from May 2015 to Present

In accordance with Title IX and the standards outlined in Section A of this Agreement, the
College will review the complaints and reports of sexual harassment and/or sexual assault made
from May 2015 through the date of this Agreement (each, a "Complaint"), in order to determine
whether each Complaint was investigated promptly and equitably, including but not limited to,
assessing whether:

1.

the appropriate definitions and analyses were used under Title IX;

2.

the appropriate evidence standard in investigating allegations of sexual
misconduct was applied;

3.

the interim . relief provided to protect the complainant during the· pendency
of the investigation was appropriate;

4.

the written notice ofth.e outcome (including any appeal) and appeal rights
was provided to the complainant and the accused; and

5.

the steps taken to prevent the recurrence of sexual misconduct and to
address any hostile environment created by the harassment and/or assault
were sufficient.

Reporting Requirement:

By June 30, 2017, prior to issuing any determinations, the College will submit to OCR
for review and approval the results of its findings regarding each Complaint, as well as
the action, if any, that the College proposes to address any problems identified in the
manner in which these Complaints were handled, including appropriate remedies that still
may be available for the complainants and/or accused students in those cases.
Within 45 days of OCR's approval, the College will take appropriate action to address
any problems identified in its reviews.

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2.

Review of IdentifiedIncidents.

In accordance with Title IX and the standards outlined in Section A ofthls Agreement, the
College will review the fo llow ing complaints of sexual harassment and/or sexual assault made
from tbe 2012-2013 through the 2014-2015 academic years, and will make the following
assessments:

(a)

(b)

Interim Suspensions.

(i)

By April l, 2017, the College will assess whether the interim
suspensions imposed upon the Studen t and Students 1, 2, and 3,
were the result a sufficient level of iRquiry and consideration of the
rights of students, including the accused, the :victim, and the risk of
threat to the schoo l community.

(ii)

If the College determines that it did not engage in a sufficient level
of inquiry prior to imposing the interim suspensions, it will
con sider providing a written offer to the Student and/or Students l,
2 or 3 to remove each expulsion from all relevant educational
records, includin g each student's transcrip t , as well as an offer to
allo w the Stude nt and/or Students l, 2, or 3 to complete their
degrees at the College and reimburse them the documen ted cost.s
incurred for enrollme nt at a different educational institution and
any other appropriate measure, including counseling.

(iii)

Within 45 days of the date of OCR's approval of the Coll ege' s
determination, the College will issue, by certified mail, an offer of
the steps it is prepared to take to fully and effectively address the
error.

Investigation Relating to the Student, and Students 1, 2, and 3.

(i)

By April 1, 2017, the College will conduct and/or complete its
inves1igation of the allegations under its revised Title IX po licies
and procedures referenced in Section A above.

(ii)

As part of this process, the College will determine whether new
witnesses need to be interview~ whether previously interviewed
individuals need to be brought in fur follow -up questioning, and
whether further documentation needs to be obtained.

(iii)

The College will ensure that the investigation is adequate, reliable
and impartial in accordance with its revised procedures, and the
College will provide each party with a written summary of its
findings .

(iv)

If the College determines that its investigation did not comply with
the requirements of Title IX, it will consider appropriate remedies

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including providing a written offer to the Student and/or Students
I, 2 or 3 to remove each expulsion from all relevant educational
records, including each student's transcript, as well as an offer to
allow the Student and/or Students 1, 2, or 3 to complete their
degrees at the College and reimburse them the documented costs
incurred for enrollment at a different educational institution and
any other appropriate measure, including counseling, and will
submit its proposed remedies to OCR for review and approval.
(v)

..

.

Within 45 days of the date of OCR's approvar of'ihe College's
detennination, the College will issue, by certified mail, an offer of
the steps it is prepared to talce to fully and effectively address the
error.
:. -

Reporting Requirements:

By April l, 2017, prior to issuing any detenninations, the College will submit to OCR for
review and approval the results of its reviewconducted pursuant to Section I(2)(a-b),
including all supporting materials relating to the College's reviews, and the College's
planned action(s) to address any problems identified in the reviews.
Within 45 days of OCR's approval, the College will take appropriate action to address
any problems identified in its review of the complaint involving the Student and Students
l, 2 and 3.
Within 90 days of OCR' s approval, the College will provide OCR with documentation of
its notice to the parties, pursuant to Section I(2)(a-b).

(c)

Investigation of Incidents 2, 3, 7, 9, 11-13.
(i)

For Incidents 2, 3, 7, 9, 11, 12 and 13, the College will assess

whether, in conducting its initial investigation, both parties were
provided with the opportunity to present witnesses and other
evidence.
(ii)

In the event that the College determines that any party in any of the
above-referenced
incidents was denied this opportunity, the
College will reinvestigate the incident under its revised Title IX
policies and procedures referenced in Section A above.

(iii)

As part of this process, the College will determine whether new
witnesses need to be interviewed, whether previously interviewed
individuals need to be brought in for follow-up questioning, and
whether further documentation needs to be obtained.

(iv)

The College will ensure that the investigation is adequate, reliable
and impartial in accordance with its revised procedures, and the

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College willprovideeach party with a written summaryof its
findings.
(v)

If the College identifies deficiencies in the manner that it processed
and resolved Incidents 2, 3, 7, 9, 11, 12 or 13, the College will take
such actions necessary to appropriate ly address the revised finding.

(vi)

(d)

Within 45 days of OCR's approval of the proposed resolution, the
College will issue, by certified mail, an offer of the steps it is
prepared to take to fully and effectively address any identified
deficiencies, including, but not limited to, counseling.

For Incidents l, 2, 3, 7, 10, 11 and 13, the College will assess whether
there are any appropriate remedies that may still be availab le for the
complainants in these cases, such as counseling or academic adjustments,
and, if appropriate, will make an offer in writing to the complainant for the
provision of such services.

(e)

For Incidents 1-3, 5, 7, and 9-13, the College will provide written notice to
both parties of the outcome of its additional investigation of the complaint

(f)

For Incidents that will be reinvestigated, the College will offer counseling
or other appropriate services to individual students during its reassessment
of these incidents.

Reporting Requirements:
By June 30, 2017 , prior to issuing any determinations, the Coll ege will submit to OCR
for review and approval the results of its ~ew conducted pursuant to Section 1(2)(c-f),
including all supporting mate rials re lating to the College's reviews, and the College's

planned action(s) to address any problems identified in the reviews.
Within 45 days of OCR's approval, the College will take appropriate action to address
any problems identified in its reviews.
Within 45 days of OCR's approval, the College will provide OCR with documentation of
its notice to the parties, pursuant to Section I(2)(c-f).

J.

TRACKING OF C OMPLAINTS

By August l, 2017, and by the same date in 2018 and 2019, the College will provide OCR with
documentation concerning its responses and hand ling of all·sexual misconduct/fitle IX
allegations reported during the previous year, including incident and complaint files, a summary
of the allegations reported to the College and information about the individual(s) who received
and processed the initial complaints, the outcome of the sexual misconduct/fitle IX
invest igations, as well as the outcome of any disciplinary matters related to the allegations, and
any supporting documentation. Each incident and complaint will also indicate status. including
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whether the incident or complaint process is complete or on-going at the time materials arc
produced to OCR.

K.

RECORDKEEPING

By December 30, 2016, the College will suburit to OCR for review and approval its assessment
and mo<lificationsregarding its data-retention policy, including the preservation of
documentation for any sexual discrimination/harassment.complaints and the elimination of the
practice of destroying tapes immediately after the appeal process has been completed, to ensure
that the College's data-retention policy is consistent with Title IX.

Reporting Requirement:
By January 15, 2017, the College will provide OCR with the assessment it completed in
accordance with Section K of this Agreement, and any proposed revisions to the
College's data-retention policy.

L.

MONITORING

The College understands that OCR will not close the monitoring of this agreement until OCR
deten:ninesthat the College has fulfilled the tenns of this agreement and is in compliance with
the regulations implementing Title IX, at 34 C.F.R. §§ 106.8(a). l06 .8(b), 106.9, and 106.31,
whlcb were at issue in this case. The College also understands that, by signing trus agreement, it
agrees to provide data and other information in a timely manner in accordance with the reporting
requirements of this agreem ent. Further, the College understands that during the monitoring of
this agreement, if necessary, OCR may visit the College, interview staff and students, and
request such additional reports or data as are necessary for OCR to determine whether the
College has fulfilled the terms of this agreement and is in compliance with the regulations
implementing Title IX, at 34 C.F.R. §§ 106.8(a), 106.8(b), 106.9, and 106.31, which were at
issue in this case . In addition, the College understands and acknowledges that OCR may initiate
administrative enforcement or judicial proceedings to enforce the specific terms and obligations
of this agreement. Before initiating administrative enforcement (34 C.F.R. §§ 100.9, l 00.10), or
judicial proceedings to enforce th.isagreement, OCR shall give the College written notice of the
alleged breach and sixty (60) calendar days to cure the alleged breach.

~~~

Date

Wesley College

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