Anti-Discrimination and Complaint Procedures Policy
Marywood University (the “University”) “honors the uniqueness and dignity of each human person” (Core Values of Marywood University, Respect). The University declares and affirms a policy of equal educational and employment opportunity and non-discrimination in its educational programs and all other activities that it operates both on and off University property. Marywood is committed to maintaining a comfortable, healthy and safe learning, living and working environment for all members of the Marywood community. Marywood University does not condone and will not tolerate discrimination, harassment, or assault regardless of whether the action is based on race, sex (including sexual harassment, sexual violence and pregnancy), color, gender, national or ethnic origin, age, creed, ancestry, religion, disability, marital status, military/veteran status, genetic information, whether an individual has a GED, use of a guide or support animal, or any other characteristic protected by applicable federal, state, or local law.
Marywood University does not discriminate on the basis of sex in its educational programs and in other activities operated by the University and is required by Title IX, and specifically 34 C.F.R. Part 106.9, not to discriminate in such a manner. This extends to employees of and applicants for admission to Marywood University. Inquiries concerning the application of Title IX may be directed to the Title IX Coordinator or a Deputy Title IX Coordinator for the University, or to the Assistant Secretary for the Office of Civil Rights of the Department of Education, Philadelphia, PA (see below for contact information).
Any individual who believes s/he has been subject to discrimination on the basis of sex is encouraged to file a grievance consistent with the University’s Sexual Misconduct and Complaint Procedures Policy.
Marywood University is committed to taking all necessary steps to comply with any obligations it may have under Section 504 of the Rehabilitation Act, the Americans with Disabilities Act, Title IX of the Civil Rights Act of 1964, as amended, Title VII of the Civil Rights Act of 1964, as amended, and the Campus SaVE Act of 2013. These are explicit civil and legal applications of the formulation of beliefs already cherished in Marywood’s religious commitment, objectives, and practices.
Marywood University will make reasonable accommodations to known physical or mental limitations of otherwise qualified individuals with disabilities unless doing so would impose an undue hardship on the University. Any person who believes he or she may require such accommodation should contact the Associate Vice President for Human Resources and Affirmative Action Officer.
The Marywood University Anti-Discrimination Policy applies to all faculty, staff, administration, employees, students, volunteers and visitors on campus property. Additionally, the Policy applies to the conduct of all faculty, staff, administration, employees, students, volunteers and visitors at off-campus University-sponsored events, including, but not limited to, academic and educational programming, internships, study abroad programs, athletic events, and all other University programming, as well as to the conduct of all faculty, staff, administration, employees, students, volunteers and visitors occurring off-campus but having an effect on the University’s educational environment.
Marywood will process all complaints reported under this Policy regardless of where the conduct occurred to determine whether the conduct occurred in the context of its educational program or has continuing effects on campus or in an off-campus program or activity.
Anyone believing s/he has been the victim of, or a witness to, or otherwise has reason to believe or become aware of conduct that may be in violation of this Policy by, or involving, any member of the University community, guests, or visitors on University property, any property controlled by the University, including off-campus University sponsored events, or off-campus should report the incident as soon as possible to the Title IX Coordinator or one of the Deputy Title IX Coordinators.
Marywood University will take the steps to stop any and all misconduct, prevent its recurrence, and correct its discriminatory effects on the complainant and others.
Individuals reporting an incident under this Policy should contact one of the individuals below:
Dr. Patricia E. Dunleavy, Associate Vice President for Human Resources
Title IX Coordinator– for complaints against a member of the faculty, staff or administration
86 Liberal Arts Center
Mr. Ross Novak, Dean of Students
Deputy Title IX Coordinator – for complaints against students
101 Liberal Arts Center
Ms. Meghan Cruciani, Assistant Vice President for Student Success
Deputy Title IX Coordinator – for complaints against a member of the staff or administration
227 Liberal Arts Center
Any member of the Marywood community may call the University Whistleblower Hot Line at 855-278-2074 and/or use the Internet-based reporting system at http://marywood.ethicspoint.com. See the University Whistleblower Policy for details.
Individuals may also direct inquiries or file complaints with:
Office for Civil Rights,
U.S. Department of Education
The Wanamaker Building
100 Penn Square East, Suite 515
Philadelphia, PA 19107-3323
Telephone: (215) 656-8541
Facsimile: (215) 656-8605
Responsible Employees and Confidential Reports
The University encourages the reporting of incidents that may be in violation of this Policy. Furthermore, all employees of Marywood University (i.e., staff, administrators, and faculty) have an obligation to report all incidents that may be in violation of this Policy. The University understands many people who are the recipient of conduct that may be in violation of this Policy may wish to keep the incident confidential. As such, it is important that complainants, and potential complainants, be aware of confidentiality and mandatory reporting requirements in order to make an informed decision regarding reporting the incident.
Complainants who wish to make a report but do not want the University to take any action are encouraged to consult with a professional counselor, medical professional, or ordained member of the clergy. In general, this includes the following individuals on the Marywood campus: licensed counselors in the Counseling/Student Development Center; and licensed counselors in the Psychological Services Center.
Professional staff in the Student Health Services Center and the University chaplain have an obligation to report, but may withhold personally identifiable information upon request.
As stated above, all Marywood University employees are obligated to report to the Title IX Coordinator or one of the Deputy Title IX Coordinators any information that they receive relating to incidents that may be in violation of this Policy. Therefore, if a complainant does not want the University to take any action, the complainant should consider reporting to one of the truly confidential resources outlined above, as opposed to another employee of the University.
University faculty, staff, and administrators who know, or in the exercise of reasonable care should have known, of conduct that may be in violation of this Policy and who fail to appropriately handle the report of the incident may be subject to disciplinary action.
Marywood University will fully investigate every report. The University will not allow any form of retaliation against individuals who report an incident or who cooperate in the investigation of such reports in accordance with this Policy. Individuals who knowingly make false reports may be subject to sanctions depending on the facts and circumstances of the particular incident.
Cases involving alleged conduct that may violate this Policy demand special attention to issues of privacy. Dissemination of information relating to these cases is limited so as to ensure, as fully as possible, the privacy of the individuals involved, in accordance with applicable law.
Additionally, if the complainant wishes to remain anonymous, does not wish for an investigation to take place, or does not wish to pursue a formal complaint, the complainant may make such a request to the Title IX Coordinator or Deputy Coordinator. However, the complainant should be advised that the University’s response may be limited, including pursuing discipline. Furthermore, because of the University’s obligation to maintain a safe environment for all members of the University community, the University may not be able to fully honor a complainant’s request and may have an obligation to pursue an investigation without the complainant’s cooperation. When evaluating a request, the Title IX Coordinator will examine certain factors, including whether violence, weapons or alcohol were involved; one of the parties is a minor; there is a pattern; or a continuing threat to the community exists.
In all cases, the University will take preventative measures to preserve confidentiality and privacy to the extent permissible by applicable law.
Complainants have the right to review options and available assistance for interim changes to academic, living, transportation, and working conditions. If the complainant requests such an accommodation, and the accommodation is reasonably available, the University will take prompt action to implement the requested accommodation. The University will endeavor to not inconvenience the complainant in taking interim remedial measures.
Examples of interim accommodations include, but are not limited to, no contact orders, changes in academic or living situations as appropriate with minimum burden on the complainant, counseling, escort services, academic support, as well as the option to retake a course or withdraw from a course without penalty.
Marywood University encourages complainants to pursue criminal charges against the person(s) believed to have committed the act in violation of this Policy. The University has personnel on staff who can explain criminal complaint procedures and assist complainants in beginning the process of filing a criminal complaint. Additionally, if necessary, University administrators will notify the appropriate law enforcement officials in accordance with any obligations under federal, state, and local laws. Police investigation and legal prosecution are conducted outside of and in addition to University procedures. Criminal charges and a disciplinary charge may be pursued at the same time. However, the complainant need not pursue criminal charges in order to file a complaint with the University. Should the complainant elect to proceed with both, however, the University will comply with and help to enforce any applicable judicial no-contact, restraining, and protective order.
Marywood will cooperate with law enforcement agencies, including any request that the University temporarily suspend the fact-finding aspect of a Title IX investigation while the law enforcement agency gathers evidence. This suspension is generally 10 days in length; however, specific circumstances may dictate a longer delay. During this time, the University will continue to implement interim accommodations and update the parties of the status of the investigation. The University will promptly resume its Title IX investigation as soon as notified by the law enforcement agency that it has completed the evidence gathering process and will notify the parties that the investigation is being resumed.
Complainants are encouraged to seek assistance both on-and off-campus, as needed, to address issues stemming from the incident. A list of services both on-and off-campus is included below.