Sexual Misconduct and Harassment

Sexual Misconduct

Includes non-consensual sexual intercourse, non-consensual sexual contact, sexual exploitation, partner violence, stalking and any other behavior of a sexual nature that is non-consensual and used for the purpose of coercing, intimidating or threatening another person. Sexual misconduct can occur between people of the opposite sex or people of the same sex.

Sexual Harassment

Any unwelcome sexual advances (verbal or physical), requests for sexual favors or other verbal or physical conduct of a sexual nature are considered sexual harassment when: submitting to or participating in the conduct is either explicitly or implicitly a term or condition of an individual’s employment or educational achievement; or the conduct interferes with or is intended to interfere with academic or work performance; or if the conduct creates an intimidating, hostile or offensive educational or work environment.

Related Terms

Consent

A knowing and voluntary agreement, with affirmative and clear permission by word or action to engage in sexual activity.

Incapacitation

When someone cannot make rational, reasonable decisions because they lack the capacity to give knowing/informed consent (e.g., to understand the “who, what, when, where, why, and how” of their sexual interaction).

Domestic Violence

Felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of Pennsylvania.

Dating Violence

Violence committed by a person (A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B) where the existence of such a relationship shall be determined based on a consideration of the following factors:

1. The length of the relationship.
2. The type of relationship.
3. The frequency of interaction between the persons involved in the relationship.

For the purposes of this definition, dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.

Stalking

Engaging in a course of conduct directed at a specific person that would cause a reasonable person to (A) fear for his or her safety or the safety of others; or (B) suffer substantial emotional distress. For the purposes of this definition:

1. Course of conduct means two or more acts, including, but not limited to, acts in which the Respondent directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
2. Reasonable person means a reasonable person under similar circumstances and with similar identities to the Complainant
3. Substantial emotional distress means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.

Retaliation

Defined as the University or any member of the University community to take materially adverse action by intimidating, threatening, coercing, harassing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by law or policy, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this Policy and Procedures.

For additional information on these and other terms, please refer to our Equal Opportunity, Harassment, and Nondiscrimination Policy  (.pdf) .

1. Contact the Title IX Coordinator/Deputy Coordinators with the contact information listed below. A report may be made at any time (including during non-business hours) via phone call, email, or physical mail to the office address listed for the Title IX Coordinator.
2. Report using the online reporting form. Employees can additionally access the University’s Confidential Reporting Mechanism.
3. Report to the Wilkes University Police Department:

148 South Main Street
Wilkes-Barre, PA 18766
(570) 408-4999

Wilkes University offers support services to all students that include, but are not limited to the following:

On-Campus Counseling

The Counseling Center provides confidential counseling.

More About the Counseling Center

Additional Support Services

• Referral to counseling, medical, and/or other healthcare services.
• Referral to community-based service providers such as the Victim Resource Center and Domestic Violence Service Center.
• Visa and immigration assistance.
• Student financial aid counseling.
• Education to the community or community subgroup(s).
• Altering campus housing assignment(s).
• Safety planning.
• Providing campus safety escorts.
• Providing transportation accommodations.
• Implementing contact limitations (no contact orders).
• Academic support, extensions of deadlines, or other course/program-related adjustments.
• Trespass or Persona Non Grata (PNG) orders.
• Connection to local resources for help on how to obtain a Protection from Abuse or Sexual Violence Protection Order.
• Class schedule modifications, withdrawals, or leaves of absence.
• Increased security and monitoring of certain areas of the campus.

Off-Campus Support

Students, Faculty and Staff can also choose off-campus support. Below are resources that can be used.

• Victims Resource Center  external website
  71 North Franklin Street
  Wilkes-Barre, PA 18701
  (570) 823-0765
• Office of Civil Rights (OCR)  external website - The mission of the Office for Civil Rights is to ensure equal access to education and to promote educational excellence throughout the nation through vigorous enforcement of civil rights.

Under Title IX, campus mental health counselors and health service employees are not required to report incidents of sexual misconduct without a student’s consent. Consequently, students who wish to seek confidential on-campus support can contact: the University’s

Students may also seek confidential counseling off campus at:

The Victims Resource Center
71 N. Franklin St.
Wilkes-Barre, PA 18701
570-823-0765  call link

All faculty and staff members who do not work within the Health and Wellness Services Office are designated by Wilkes University as “mandated reporters”. A Wilkes staff or faculty person who is made aware of a case of sexual misconduct is obligated to report the incident to the Title IX Coordinator, Student Affairs, or Public Safety.

Once an incident is reported, the Complainant is offered immediate medical, counseling, and protective services. The Complainant will then meet with the Title IX Coordinator, Deputy Title IX Coordinator or designee for a complete overview of support services and accommodations, such as protection from retaliation, no contact arrangements, reporting options, and University procedures.

The Complainant may select to file a Formal Complaint which would offer the Complainant the opportunity to select from a supportive and remedial response; an informal resolution; or a formal investigation and hearing process. You can learn more about the University’s resolution options in the University's policies and procedures.

The Complainant may also request that a Formal Complaint not be pursued, or that the University does not initiate further proceedings. In such cases, the Title IX Coordinator will evaluate the request in light of the duty to ensure the safety of the campus and to comply with state or federal law.

Wilkes University offers the following educational programs and services that are designed to foster a safe living, learning and working environment.

1. Training programs on how to recognize and appropriately report allegations of sexual harassment and sexual misconduct to those who may meet students in crisis situations or serve in an advisory or adjudicating capacity, such as resident assistants, Title IX officers, public safety officers, first-year student mentors, department supervisors, student affairs emergency on-call staff, and members of the Title IX Team and Judicial Council.
2. An online, health-education and self-assessment program administered to all incoming first-year students, which addresses their choices related to drugs and alcohol along with the connection between alcohol/drug use and sexual violence.
3. A mandatory First-Year Student Orientation workshop on sexual harassment and violence.
4. A sexual harassment and violence brochure disseminated to all first-year students.
5. On duty uniformed Public Safety Officers, 24 hours a day/7 days a week.
6. A Bystander Intervention program designed to provide students with the skills and confidence to intervene safely and effectively when witness to situations where individuals may be at risk of sexual violence.
7. An emergency on-duty Student Affairs professional, 24 hours a day seven days a week.
8. A “Safe Escort” from a Public Safety officer anywhere on campus from dusk until dawn.
9. An emergency community notification system comprised of several communication methods including, text messaging, printed fliers, and the Wilkes Portal.
10. An anonymous campus advisory extension to report information regarding safety and security concerns.
11. Self-Defense Awareness & Familiarization Exchange (S.A.F.E.) – a voluntary educational awareness program for women designed to provide basic self-defense skills along with information to reduce the risk of sexual violence.

University-provided resources include:

• "It's On Us" video  external website
• Sexual Harassment and Misconduct Brochure for Students  (.pdf)
• Faculty/Staff Sexual Misconduct Guide  (.pdf)

All faculty and staff members who do not work within the Health and Wellness Services Office are designated by Wilkes University as “mandated reporters.” A Wilkes staff or faculty person who is made aware of a case of sexual misconduct, either directly or indirectly, should immediately report the information to one of the Title IX contacts.

All student and employee reports of sexual misconduct at Wilkes University are resolved through the Equal Opportunity, Harassment, and Nondiscrimination Policy. These and related policies include:

• Title IX Policies
• Alcohol and Drug Policy
• Annual Security Report
  • Jeanne Clery Disclosure of Campus Security Policy and Campus Crime and Fire Statistics

Additional policies and procedures can be found on our Consumer Information page.

Four federal laws require employees of colleges and universities to report certain types of crimes and incidents, especially sexual misconduct.

The Clery Act, Title VII, the Violence Against Women Act, and Title IX.

These federal laws have different purposes, but are generally intended to protect against criminal and discriminatory behavior, in particular, for students on college or university campuses.

Federal Laws Resources  external website