Sexual Harassment & Sexual Misconduct
The ÐÓ°ÉÔ°æ prohibits conduct that falls under the definitions outlined in the Sexual Harassment and Sexual Misconduct Policy, and as governed by Title IX of the Education Amendments Act of 1972 . This page provides links to related policies, procedures, complaint reporting options and resources available to the ÐÓ°ÉÔ°æ community.
What is Title IX?
The ÐÓ°ÉÔ°æ is committed to a safe working, learning and living environment which is free from all forms of discrimination, harassment and sexual misconduct. Title IX is a Federal law that states,
"No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or subjected to discrimination under any education program or activity receiving Federal financial assistance."
Title IX prohibits a university from discriminating on the basis of sex in admissions, recruitment, financial aid, academic programs student treatment and services, counseling and guidance, discipline, classroom assignment, grading, vocational, education, recreation, physical education, athletics, housing and employment. Sexual harassment is also a form of gender discrimination.
Sexual Harassment and Sexual Misconduct Policy
In May of 2024, the Department of Education released new Title IX regulations. Title IX protects individuals from discrimination based on sex in education programs or activities that receive Federal financial assistance. The Sexual Harassment and Sexual Misconduct Policy is ÐÓ°ÉÔ°æ’s policy to effectuate Title IX. The new regulations provide very specific requirements that must be incorporated into the policy, including, but not limited to, new definitions, processes, and supportive measures; however, the regulations allow for some discretion where the ÐÓ°ÉÔ°æ can articulate and adhere to is values of cura personalis.
The ÐÓ°ÉÔ°æ has revised and implemented an updated Sexual Harassment and Sexual Misconduct policy as of August 1, 2024, in compliance with the legal requirements set by the new regulations. The Department of Education has stated that it will not—and does not have the authority to—enforce these final regulations retroactively; this means that they apply only to sex discrimination that allegedly occurred on or after August 1, 2024. Thus, the application of the regulations will be based on when the conduct allegedly happened - not when the conduct is reported.
Accordingly, all incidents of sex-based discrimination that allegedly occurred on or after August 1, 2024 will be reviewed and processed in accordance with the new 2024 Sexual Harassment and Misconduct Policy. All incidents that allegedly occurred prior to August 1, 2024 will follow the previous 2022 version of the Sexual Harassment and Misconduct Policy, which is in alignment with the 2020 Title IX regulations.
For incidents of sex-based discrimination that occurred on or after August 1, 2024, please see the Sexual Harassment and Sexual Misconduct Policy August 1, 2024.
SEXUAL HARASSMENT & SEXUAL MISCONDUCT POLICY AUG. 2024
For incidents of misconduct and discrimination that allegedly occurred prior to August 1, 2024, please see the 2022 version of the Sexual Harassment and Sexual Misconduct Policy.
Title IX Coordinators
The ÐÓ°ÉÔ°æ Title IX Coordinator is Elizabeth M. Garcia, JD, Executive Director of the Office of Equity and Diversity who is responsible for oversight and implementation of the Sexual Harassment Policy and process.
Title IX Coordinator
Elizabeth M. Garcia, JD
Title IX Coordinator and Executive Director
The ÐÓ°ÉÔ°æ
Office of Equity and Diversity
Institute of Molecular Biology & Medicine, Suite 315
Scranton, Pennsylvania 18510
Phone: (570) 941-6645
E-mail: elizaberh.garcia2@scranton.edu
Web: www.scranton.edu/diversity
Patricia L. Tetreault, SHRM-SCP, SPHR
Vice President for Human Resources
The ÐÓ°ÉÔ°æ
St. Thomas Hall, Suite 100
Scranton, Pennsylvania 18510
Phone: (570) 941-7767
E-mail: patricia.tetreault@scranton.edu
Web: www.scranton.edu/hr
Deputy Title IX/EEO Coordinator and Investigator
The ÐÓ°ÉÔ°æ
Office of Equity and Diversity
Institute of Molecular Biology & Medicine, Suite 315
Scranton, Pennsylvania 18510
Phone: (570) 941-6645
E-mail: diana.collinsgilmore@scranton.edu
Web:
ÐÓ°ÉÔ°æ Officials
Resources and Support
As a Catholic, Jesuit institution of higher learning, The ÐÓ°ÉÔ°æ is committed to providing care and support for individuals who have experienced sexual harassment or sexual misconduct while remaining mindful of the safety and well-being of the larger ÐÓ°ÉÔ°æ community. Sexual misconduct includes sexual assault, sexual exploitation, intimate partner violence and stalking. Federal laws (i.e., Title IX of the Education Amendments of 1972) require the ÐÓ°ÉÔ°æ to take immediate and appropriate steps upon becoming aware of reports of sexual harassment or sexual misconduct. The ÐÓ°ÉÔ°æ will make every reasonable effort to preserve an individual’s privacy in light of this responsibility.
Visit the Reporting Sexual Misconduct and Getting Support page.
Filing a Report
Individuals who witness or experience sexual harassment or sexual misconduct should report incidents as soon as possible. The ÐÓ°ÉÔ°æ provides students with several reporting options:
Report to the ÐÓ°ÉÔ°æ
Filing a report with the ÐÓ°ÉÔ°æ may not obligate a reporter to open or participate in a formal investigation. Reporting to the ÐÓ°ÉÔ°æ allows the ÐÓ°ÉÔ°æ to provide any available interim protective measures, resources and support to students, faculty and staff.
The ÐÓ°ÉÔ°æ provides individuals the ability to anonymously report incidents of sexual harassment or sexual misconduct.- Incident Reporting Form:
- Note: Reporting individuals may use this link to file reports anonymously. Reports made here are received by Title IX Coordinator in the Office of Equity and Diversity. All anonymous reports will be reviewed and processed per the ÐÓ°ÉÔ°æ's policy; however, anonymous reports may hamper the Title IX Coordinator's ability to respond per policies.
Report to the Police
Sexual assault and other forms of sexual misconduct are not only ÐÓ°ÉÔ°æ policy violations but may also involve crimes. You are encouraged, but not required, to report these crimes to the police.
- Silent Witness Reporting Form:
- Note: Reporting individuals may use this link to file reports anonymously. Reports made here are received by the ÐÓ°ÉÔ°æ Police Department. UPD will then forward the information to the Office of Equity and Diversity if the incident falls under the ÐÓ°ÉÔ°æ’s Sexual Harassment and Sexual Misconduct Policy.
- Phone:570.941.7777
- Phone: 911 for an emergency, or 570.348.4134
Report to the Title IX Coordinator
Title IX Coordinator
Elizabeth M. Garcia, JD
Title IX Coordinator and Executive Director
The ÐÓ°ÉÔ°æ
Office of Equity and Diversity
Institute of Molecular Biology & Medicine, Suite 315
Scranton, Pennsylvania 18510
Phone: (570) 941-6645
E-mail: elizaberh.garcia2@scranton.edu
Web:
Deputy Title IX/EEO Coordinator and Investigator
The ÐÓ°ÉÔ°æ
Office of Equity and Diversity
Institute of Molecular Biology & Medicine, Suite 315
Scranton, Pennsylvania 18510
Phone: (570) 941-6645
E-mail: diana.collinsgilmore@scranton.edu
Web:
Vice President for Human Resources
The ÐÓ°ÉÔ°æ
St. Thomas Hall, Suite 100
Scranton, Pennsylvania 18510
Phone: (570) 941-7767
E-mail: patricia.tetreault@scranton.edu
Web:
Process after Filing a Report
Responsible Reporter Statement
Every employee, including students working for the ÐÓ°ÉÔ°æ (except those specifically identified as a “confidential” resource) who receives information of discrimination on the basis of sex, sexual and gender harassment or sexual misconduct involving a student, employee and/or third party as a complainant, respondent or witness, is required to share all relevant details (obtained directly or indirectly) with the Title IX Coordinator.
While students are encouraged to directly report information to the Title IX Coordinator, the ÐÓ°ÉÔ°æ recognizes that a student, who is not an employee of the ÐÓ°ÉÔ°æ, may choose to share information regarding sex discrimination, sexual and gender harassment and sexual misconduct with other employees of the ÐÓ°ÉÔ°æ. Those reports may be shared with the Title IX Coordinator for consistent application of the Sexual Harassment and Sexual Misconduct Policy to all individuals and to allow the ÐÓ°ÉÔ°æ to respond promptly and equitably to eliminate the prohibited conduct, prevent its recurrence and remedy its effects.
While confidential employees are not required to report sexual harassment or sexual misconduct to the Title IX Coordinator, the confidential employees must communicate their status as a confidential employee, and that they are not required to report sexual harassment or sexual misconduct, to anyone disclosing to them. They must also inform the person disclosing the information how to contact the Title IX Coordinator, how to make a complaint, and that the Title IX Coordinator may be able to offer and coordinate supporting measures and initiate a grievance procedure.
Statement Against Retaliation
It is a violation of ÐÓ°ÉÔ°æ policy to retaliate in any way against a student or employee because they raised allegations of sexual harassment or sexual misconduct or participated in good faith in a resolution process. The ÐÓ°ÉÔ°æ recognizes that retaliation can take many forms and may be committed by or against an individual or a group. The ÐÓ°ÉÔ°æ will take immediate and responsive action to any report of retaliation and may pursue disciplinary action as appropriate.
An individual reporting sexual harassment, sexual assault, sexual exploitation, intimate partner violence, stalking or other form of sexual misconduct defined in the policy is entitled to protection from any form of retaliation following a good faith report, even if the report is not later substantiated