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Non-Discrimination, Including Compliance with ADA/Section 504 and Title IX

Policy of Non-Discrimination

The College adheres to the principle of equal educational and employment opportunity without discrimination on the basis of race, color, religion, age, national or ethnic origin, sexual orientation, gender identity or expression, handicap or disability, military or veteran status, genetic information, or any other characteristic protected under applicable federal, state or local law in the administration of its educational policies, scholarship and loan programs, and other College-administered programs and employment practicesRetaliation is also prohibited.  

Moore will consider for undergraduate admission all qualified students who live as women, and who consistently identify as women, at the time of application. Moore College of Art & Design is dedicated to using language specific to women and will continue to use female pronouns, as we have for 170 years.    

Inquiries regarding compliance with the policy regarding non-discrimination may be directed to Joshua Wilkin, Dean of Students, 215.965.4038 or jwilkin@moore.edu or Rachel Phillips, Director of Human Resources, 215.965.4025 or rphillips@moore.edu.

Compliance with the ADA and Section 504 of the Rehabilitation Act of 1973:

In conformity with the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973, it is the policy of Moore College of Art and Design not to discriminate on the basis of disability or handicap in its educational programs or activities or in its employment practices.

The Section 504 Coordinator is Claudine Thomas, Associate Dean.  Claudine Thomas can be reached at 215-965-4061 or at cthomas@moore.edu

Compliance with Title IX:

In conformity with the Civil Rights Act of 1964, as amended, and Title IX of the Education Amendments of 1972, it is also the policy of Moore College of Art and Design not to discriminate on the basis of sex in its employment practices, educational programs or activities. The admission of only women in the undergraduate program is in conformity with a provision of the Civil Rights Act. The provisions of Title IX protect students, visitors, guests and employees from all forms of illegal sex discrimination, which includes sexual harassment, sexual assault, sexual misconduct, dating violence, domestic violence and stalking in College programs and activities.

The Title IX Coordinator is Shannon Dobrovolny who can be reached at 215.965.4097, sdobrovolny@moore.edu or the first floor of Stahl Hall. Rachel Phillips is the Deputy Title IX Coordinator. Rachel’s office is on Wilson 2nd floor, 215.965.4025, rphillips@moore.edu. Do not hesitate to reach out to either Title IX Coordinator with any possible Title IX violations.

All faculty and staff (including student workers) are considered “responsible employees” and must report any possible Title IX violation to a Title IX Coordinator. Should you wish to speak to someone confidentially, the only two staff members on campus who are not legally required to report violations are the Director of Health Services, Diane Azuma, and the Mental Health Counselors, Andrea Bernstein and Josephine Coppola. They are all located on the first floor of Stahl Hall.

You can find more information below and in Section 4 of the Student Handbook. 

GENDER-BASED MISCONDUCT POLICY

INTRODUCTION
Members of the college community (including students, faculty and staff), guests and visitors have the right to be free from all forms of gender and sex-based discrimination, examples of which can include acts of sexual violence, sexual harassment, domestic violence, dating violence, and stalking. All members of the campus community are expected to conduct themselves in a manner that does not infringe upon the rights of others. When an allegation of misconduct is brought to the Title IX Coordinator’s attention, and a respondent is found to have violated this policy, the College will take appropriate action in line with this policy. This policy has been developed to reaffirm these principles and to provide recourse for those individuals whose rights have been violated. This policy is intended to define community expectations and to establish a mechanism for determining when those expectations have been violated.

OVERVIEW OF POLICY EXPECTATIONS WITH RESPECT TO PHYSICAL SEXUAL MISCONDUCT
The expectations of our community regarding sexual misconduct can be summarized as follows: In order for individuals to engage in sexual activity of any type with each other, there must be clear, knowing and voluntary consent prior to and during sexual activity. Consent is sexual permission. Consent can be given by word or action, but non-verbal consent is not as clear as talking about what you want sexually and what you do not. Consent to some form of sexual activity cannot be automatically taken as consent to any other form of sexual activity. Silence, without actions demonstrating permission, cannot be assumed to show consent. Additionally, there is a difference between seduction and coercion. Coercing someone into sexual activity violates this policy in the same way as physically forcing someone into sex. Coercion happens when someone is pressured unreasonably for sex. When alcohol or other drugs are being used, a person will be considered unable to give valid consent if they cannot fully understand the details of a sexual interaction (who, what, when, where, why, or how) because they lack the capacity to reasonably understand the situation. Individuals who consent to sex must be able to understand what they are doing. Under this policy, “No” always means “No,” and anything but a clear, knowing and voluntary consent (“Yes”) to any sexual activity is equivalent to a “No.” Reports of Title IX violations must be directed to the Title IX Coordinator (or Deputy). 

The following terms are used throughout this policy:

The following terms are used below -
Complainant: The person who experienced the alleged violation or harm.
Reporter: The person who submits the report. The reporter may be the complainant, a witness or someone who knows about an incident or situation. 
Respondent: The person accused of perpetrating the alleged violation or harm.
Sexual Misconduct: A general term for any conduct considered to be in violation of Title IX and this policy.
Witness: A person who saw or heard an incident occur or who has relevant information about it. 

SEXUAL MISCONDUCT
A. SEXUAL MISCONDUCT OFFENSES INCLUDE, BUT ARE NOT LIMITED TO: 

1. Sexual Harassment 

2. Non-Consensual Sexual Contact (or attempts to commit same) 

3. Non-Consensual Sexual Intercourse (or attempts to commit same) 

4. Sexual Exploitation

5. Dating Violence

6. Domestic Violence

7. Stalking 

8. Other Misconduct Offenses (Will Fall Under Title IX When Sex Or Gender-Based) 

1. SEXUAL HARASSMENT is unwelcome, gender-based verbal or physical conduct that is, sufficiently severe, persistent or pervasive that it, unreasonably interferes with, denies or limits someone’s ability to participate in or benefit from the College’s educational program and/or activities, and is based on power differentials (quid pro quo), the creation of a hostile environment, or retaliation. Moore College of Art & Design is a place of work and learning for students, staff, faculty, guests and visitors, and it should be free from all instances of sexual harassment, intimidation and exploitation. Sexual harassment subverts the mission of the College and threatens the careers, educational experience and well-being of students, faculty and staff. While sexual harassment may occur between students, it is particularly serious when it exploits a power differential such as that which exists between an administrator, faculty or staff member and a student or a supervisor and a subordinate. 

Sexual harassment is defined as an attempt to coerce an unwilling person into a sexual relationship, to subject a person to unwanted sexual attention, or to create a sexually intimidating or offensive working, social or educational environment. 

Examples of sexual harassment between students or between a student and an employer, a faculty member, a staff member or an administrator include, but are not limited to, a) physical assault or direct propositions of a sexual nature; b) conduct (not legitimately related to the subject matter of a course) intended to discomfort or humiliate, or both, that includes comments of a sexual nature or sexually explicit or sexist statements, questions, jokes or anecdotes; or c) conduct that would discomfort or humiliate a reasonable person such as unnecessary touching, patting, hugging or brushing against a person’s body, or remarks of a sexual nature about a person’s clothing or body, or remarks about past or future sexual activity. In and out of the classroom or in a work situation at the College, students should be aware that they are being sexually harassed in relationships with administrators, faculty, staff or employers if they find themselves the objects of unwelcome advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when: a) submission to such conduct is made explicitly or implicitly a term or condition of a student’s employment or status in a course, program, or activity or is used as a basis for an educational or employment decision affecting a student; or any other decision that directly affects a students’ status at the College; or b) such conduct has the purpose or effect of unreasonably interfering with a student’s educational or work performance or of creating an intimidating, hostile, or offensive environment for learning or work. 

Amorous relationships between faculty or staff members – including the students serving as Residence Life Staff members – and students are improper. Such relationships are particularly problematic for faculty and staff members who may be involved in supervising students or evaluating their work outside the context of a classroom situation. Therefore, no faculty member shall have an amorous relationship (consensual or otherwise) with a student; no staff member shall have an amorous relationship (consensual or otherwise) with a student; and no Residence Life Staff member shall have an amorous relationship (consensual or otherwise) with a student living in the residence hall in which the staff member has a supervisory role. Any faculty or staff member –including students serving as Residence Life Staff members- who violate this policy will be disciplined up to and including termination. Members of the College community who, without establishing a pattern of doing so, engage in isolated conduct of the kind described under b and c in the paragraph above which provides examples of sexual harassment, or who exhibit a pattern of engaging in such conduct, but fail to realize that their actions discomfort or humiliate, demonstrate insensitivity that necessitates remedial measures. 

When the College administrators become aware that such activities are occurring, the matter will be referred to the Title IX Coordinator (or Deputy). The Title IX Coordinator will work with relevant administrators to the Respondent and Complainant to have the authority to issue proper warnings and/or direct that those engaged in such conduct undertake an educational sanctions designed to help them understand the issue.

Any complaint of sexual harassment will be treated seriously and investigated. A student should direct a complaint of sexual harassment to the Title IX Coordinator. Complaints may also be directed to other appropriate members of the College community such as the President, the Dean of Students, the Academic Dean or any department chair or advisor, who will then direct the complaint to the Title IX Coordinator. Once a complaint is lodged, it will be investigated and resolved through the College’s procedure on Sexual Misconduct. Following a thorough investigation, the College will take immediate disciplinary action against any person that is engaging, or has engaged, in sexual harassment. Such action may include suspension, demotion, or discharge, depending upon the circumstances.

2. NON-CONSENSUAL SEXUAL CONTACT is any intentional sexual touching, however slight, with any object, by a person upon another person that is without consent and/or by force. Sexual Contact includes: Intentional contact with the breasts, buttock, 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 sexual manner, though not involving contact with/of/by breasts, buttocks, groin, genitals, mouth or other orifice.

3. NON-CONSENSUAL SEXUAL INTERCOURSE is any sexual intercourse however slight, with any object, by a person upon another person that is without consent and/or by force.

Non-Consensual Sexual Contact (or attempts to commit same) and Non-Consensual Sexual Intercourse (or attempts to commit same) are considered Sexual Assault. 

SEXUAL ASSAULT, including rape, is a form of coercion used to exert power and control over another person. It includes both non-consensual sexual intercourse and non-consensual sexual contact. It also includes a person engaging in a sexual act with another person when that other person a) is mentally incapable of understanding, or for any reason, including intoxication, is unaware of the sexual act; or b) is physically incapable of resisting or of communicating an unwillingness to participate.

4. SEXUAL EXPLOITATION occurs when a person takes non-consensual or abusive sexual advantage of another for their 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 other sexual misconduct offenses. Examples of sexual exploitation include, but are not limited to: 
  • Invasion of sexual privacy; 
  • Prostituting another person; 
  • Non-consensual video or audio-taping of sexual activity; 
  • Going beyond the boundaries of consent (such as letting your friends hide in the closet to watch you having consensual sex); 
  • Engaging in voyeurism; 
  • Knowingly transmitting an STI or HIV to another person; 
  • Exposing one’s genitals in non-consensual circumstances; inducing another to expose their genitals; 
  • Sexually-based stalking and/or bullying may also be forms of sexual exploitation

5. DATING VIOLENCE refers to violent behavior (including, but not limited to, sexual or physical abuse or the threat of such abuse) by a person who is or has been in a romantic or intimate relationship with the victim. The existence of such a relationship will be determined based on Complainant’s statement and with consideration of the length of the relationship, type of relationship, and the frequency of interaction between the persons involved in the relationship. Dating violence can include:

Physical Abuse: any intentional use of physical force with the intent to cause injury (i.e. grabbing in a way to inflict pain, hitting, shoving, strangling, kicking)

Emotional Abuse:  non-physical behaviors such as threats, insults, constant monitoring, humiliation, intimidation, isolation, silent treatment, or stalking

Sexual Abuse:  any action that impacts the partner’s ability to control their sexual activity or the circumstance which sexual activity occurs, including rape, coercion or restricting access to birth control

6. DOMESTIC VIOLENCE refers to misdemeanor or felony crimes of violence committed by the victim’s current or former spouse, current or former cohabitating romantic partner, individuals who share a child in common, person similarly situated under domestic or family violence law, or anyone else protected under domestic or family violence law.

7. STALKING refers to a course of conduct directed at a specific person that would cause a reasonable person under similar circumstances and with similar identities to fear for their safety or the safety of others, or to suffer substantial emotional distress. It is also defined as repetitive and/or menacing pursuit, following, harassment and/or interference with the peace and/or safety of a member of the community; or the safety of any of the immediate family of members of the community

5. OTHER MISCONDUCT OFFENSES (WILL FALL UNDER TITLE IX WHEN SEX OR GENDER-BASED) 

Threatening or causing physical harm, extreme verbal abuse, or other conduct which threatens or endangers the health or safety of any person; 

Discrimination, defined as actions that deprive other members of the community of educational or employment access, benefits or opportunities on the basis of gender; 

Intimidation, defined as implied threats or acts that cause an unreasonable fear of harm in another; 

Hazing, defined as acts likely to cause physical or psychological harm or social ostracism to any person within the college community, when related to the admission, initiation, pledging, joining, or any other group-affiliation activity;

Bullying, defined as repeated and/or severe aggressive behavior likely to intimidate or intentionally hurt, control or diminish another person, physically or mentally (that is not speech or conduct otherwise protected by the 1st Amendment). 

B. Creating a Safer College Community 

The College recognizes that sexual misconduct is never to be blamed on anybody but a perpetrator of sexual misconduct. In recognizing this, we additionally offer some resources for all students to complete in order to help create a safer College community.

  • Complete the pre-arrival on-line modules: 

1) Alcohol Awareness and Prevention: Know Your Limit
2) Healthy Relationships & Dating Violence
3) Lasting Choices
4) Show Some Respect: Prevent Harassment

  • Attend the College’s self-defense workshop normally given during Orientation and/or any subsequent educational programs on personal safety offered through Student Affairs. 

2. Follow the security procedures outlined in the Student Handbook under The Student’s Role in Maintaining a Secure Campus.

3. Take proactive steps for safety, including such things as going to parties with friends who agree to watch out for each other, carefully monitoring any beverages consumed, not leaving a party with any new acquaintances, and not mixing sex and alcohol.

4. Know how to contact the Title IX Coordinator or Deputy Title IX Coordinator in case of an incident. 

5. Take an active role in gaining clear, affirmative consent from anybody you intend to have a sexual encounter with, each and every time. Avoid sexual contact if you and/or your partner(s) appears inebriated in any way (this can include alcohol, drugs, sleeping, unconsciousness, etc). 

All partners involved in sexual activity have a responsibility to themselves and their partners to gain and maintain consent. The following guidelines can help create continuous affirmative consent:

  • All parties discuss intentions, limits and boundaries openly, respectfully and in advance. Make no assumptions and anything that is unclear or a mixed message should be considered a “no.”
  • Maintain clear verbal and non-verbal cues about what you want to your partner(s). Clear “yes,” “no,” or “maybe, but let’s talk about it” are all helpful. Silence is not consent. 
  • Know that consent to one activity does not automatically imply consent to any other form of sexual activity
  • Check in with your partner(s) to ensure you are respecting their boundaries
  • If possible, physically remove yourself from any situation in which you are uncomfortable
  • Don’t be afraid to ask questions of your partner(s), ask a friend for help, or reach out to the Department of Student Affairs if you have any questions, comments or concerns

6. Amnesty Policy

The health and safety of every student at Moore College of Art & Design is of utmost importance. The College recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that violence, including but not limited to domestic violence, dating violence, stalking or sexual assault occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. The College strongly encourages students to report domestic violence, dating violence, stalking, or sexual assault to College officials. A bystander acting in good faith or a reporting individual acting in good faith that discloses any incident of domestic violence, dating violence, stalking or sexual assault to College officials or law enforcement will not be subject to Moore College’s code of conduct action for violations of alcohol and/or drug use policies occurring at or near the time of the commission of the domestic violence, dating violence, stalking or sexual assault.

C. Support Available To Individuals Involved in Sexual Misconduct

An individual who believes they may have experienced sexual assault is encouraged to seek medical care and supportive counseling as soon as possible. The following resources are available.

1. Resident Assistants and Resident Directors can provide the person with information about resources on and off-campus. Resident Assistants and Residence Directors are not covered by the same privacy laws as health care professionals. Once an allegation of sexual assault has been reported to a Resident Assistant/Resident Director, they will report the alleged assault to the appropriate Student Affairs staff member.

2. The Mental Health Counselors are available to discuss any incidents with students that could be sexual assault as well as to offer appropriate emotional/psychological support. They are confidential and not required to report allegations to the Title IX Coordinator.

3. The Director of Health Services can provide students with medical care and help making decisions. This role is also confidential and not required to report allegations to the Title IX Coordinator.

4. The physicians at Thomas Jefferson University Hospital or the Hospital of the University of Pennsylvania can also provide medical care.

5. A person that wish to be seen and receive medical care will be taken to the Philadelphia Sexual Assault Response Center (PSARC) located at 300 East Hunting Park Avenue. The PSARC is co-located with the Philadelphia Police Department’s Special Victims Unit and offers evidence recovery and care to victims following a sexual assault. Victims should expect to be interviewed by a Special Victims Unit Detective after alleging a sexual assault. Staff in Student Affairs, including the Mental Health Counselors and the Director of Health Services, are available to accompany the student to the hospital. If at all possible, the person should refrain from bathing or changing clothing prior to going to the hospital in order to preserve physical evidence. Please store evidence in paper, not plastic, bags, if criminal charges are likely or possible.

6. The WOAR hotline 215.985.3333 provides anonymous counseling and can help a person who is reluctant to go to the hospital or see a physician. If the student seeks support from either the College’s Director of Health Services or the Mental Health Counselors and wishes to keep the incident confidential, these staff members will abide by the student’s decision.

D. Additional College Responses to Sexual Assault

If the individual elects to file a report with the College beyond seeking medical/counseling support, the following support and procedures are in place.

  • The individual will be informed of their option to contact local authorities to pursue legal or civil actions.
  • If the reporter elects to file a report with the College beyond seeking medical/counseling support, the following support and procedures are in place:

1. The Complainant will be informed of their option to contact local authorities to pursue legal or civil actions.

2. Should the Complainant elect to file an incident report with the Title IX Coordinator, depending on the nature of that report and the Complainant’s wishes, the College may pursue it as a violation of the College’s Student Code of Conduct and/or the College’s Sexual Harassment Policy. If it is determined that a judicial hearing will take place, the Title IX Coordinator (or Deputy) will follow the procedures outlined under Judicial System and Redress for Students in the Student Handbook — with the exception that the Respondent and Complainant will both be informed of the resolution of any judicial hearing.

3. All incident reports of Title IX Violations filed with the College will be investigated. If the Complainant filing the report requests confidentiality, information about the incident will be given only to College personnel who need access in order to conduct an inquiry.

4. Once an incident report has been filed, the College will include information that does not identify the persons involved in the required crime statistics that the College files yearly in accordance with the Jeanne Clery Act (also known as the Campus Security Act) and through the US Department of Education for Title IX.

5. The College will make changes in the Complainant living, working and/or academic situation following a violation, if the Complainant requests these changes and if they are reasonably available.

Should an incident be reported to a mandatory reporter (all College staff, with limited exceptions) or directly to the Title IX Coordinator, depending on the nature of that report and the Complainant’s wishes, the Title IX Coordinator may pursue it as a violation of the College’s Student Code of Conduct and/or the College’s Sexual Harassment Policy. If it is determined that a judicial hearing will take place, the Title IX Coordinator will follow the procedures outlined under Judicial System and Redress for Students in the Student Handbook — with the exception that the Complainant and Respondent will be informed of the resolution of any judicial hearing.

In campus hearings, legal terms like “guilt, “innocence” and “burdens of proof” are not applicable, but the College never assumes a student is in violation of college policy. Campus hearings are conducted to take into account the totality of all evidence available, from all relevant sources. The College reserves the right to take whatever measures it deems necessary in response to an allegation of sexual misconduct in order to protect students’ rights and personal safety. Such measures include, but are not limited to, modification of living arrangements, interim suspension from campus pending a hearing, and reporting the matter to the local police. Not all forms of sexual misconduct will be deemed to be equally serious offenses, and the college reserves the right to impose different sanctions, ranging from verbal warning to expulsion, depending on the severity of the offense. The College will consider the concerns and rights of both the complainant and the respondent.

E. Third Party Response to Sexual Assault

The College encourages persons who, as third parties, have become aware of Title IX violation allegations to report it to the Title IX Coordinator or, if the alleged violation occurred during an off-site college-sponsored program or College-related trip, to the faculty/staff member in charge. The College recognizes that there is ambiguity in urging students as third parties to report allegations of sexual assault while at the same time supporting the Complainant’s right to privacy. Staff members or faculty will keep this ambiguity in mind when receiving a report about an alleged violation, as they take relevant steps in response to the report, including offering support to the Complainant. Even if the Complainant requests that College personnel do not reveal their name, all College personnel (except the Director of Health Services and the Mental Health Counselors) are still required to treat the incident as a crisis under the College’s Crisis Policy and to report the incident to the appropriate personnel. If the Complainant does not want their name disclosed, the report can be made without a name, but there are limitations to what can be done with an investigation if no name is provided. College personnel must report allegations Title IX violations to the Title IX Coordinator. As noted above, all incident reports will be investigated.

If the Title IX violation occurs off campus during a College-related trip or in a College-sponsored program, the Complainant is urged to report it to the faculty/staff in charge. The faculty/staff in charge shall contact the appropriate staff member at the College listed above in the reference to the Crisis Policy and work with that staff person to provide appropriate follow-up support for the Complainant, including: a) ensuring the safety of persons involved; b) referring for medical exam and treatment, including, in the case of sexual assault, advising them not to change clothing or bathe if criminal prosecution is likely or possible; c) arranging either to accompany the Complainant as they seek medical treatment and/or to provide another appropriate person, if the student or the faculty member does not believe that the faculty member is the appropriate person; d) informing the Complainant about the on-campus support and response to Title IX Violations listed above in this policy so the Complainant may avail any relevant services; and e) recording the time, location and persons involved in an incident report.

F. ADDITIONAL APPLICABLE DEFINITIONS

Consent: Consent is clear, knowing and voluntary. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create mutually understandable clear permission regarding willingness to engage in (and the conditions of) sexual activity. Consent to any one form of sexual activity cannot automatically imply consent to any other forms of sexual activity. Previous relationships or prior consent cannot imply consent to future sexual acts.

Force: Force is the use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation (implied threats) and coercion that overcome resistance or produce consent 
  • Coercion is unreasonable pressure for sexual activity. 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. 
  • There is no requirement that a party resists the sexual advance or request, but resistance is a clear demonstration of non-consent. The presence of force is not demonstrated by the absence of resistance. Sexual activity that is forced is by definition non-consensual, but non-consensual sexual activity is not by definition forced. 
  •  In order to give effective consent, one must be of legal age. 
  • Sexual activity with someone who one should know to be -- or based on the circumstances should reasonably have known to be -- mentally or physically incapacitated (by alcohol or other drug use, unconsciousness or blackout), constitutes a violation of this policy. 
  •  Incapacitation is a state where someone cannot make rational, reasonable decisions because they lack the capacity to give knowing consent (e.g., to understand the “who, what, when, where, why or how” of their sexual interaction). 
  • This policy also covers a person whose incapacity results from mental disability, sleep, involuntary physical restraint, or from the taking of rape drugs. Possession, use and/or distribution of any of these substances, including Rohypnol, Ketomine, GHB, Burundanga, etc. is prohibited, and administering one of these drugs to another person is a violation of this policy. 
  •  Use of alcohol or other drugs will never function as a defense for any behavior that violates this policy. 
  • The sexual orientation and/or gender identity of individuals engaging in sexual activity is not relevant to allegations under this policy