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Campus Safety: Anti-discrimination

    Anti-Discrimination Policy

    Marywood University (the “University”) declares and reaffirms 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 University does not condone and will not tolerate discrimination, harassment, or assault by any member of the faculty, staff, administration and student body as well as volunteers on and visitors to the University upon another individual, regardless of whether the action is based on race, sex (including sexual harassment and sexual violence), color, gender, national or ethnic origin, age, creed, ancestry, religion, disability, or any other legally protected status.  Anyone believing s/he has been the victim of or a witness to, or otherwise has reason to believe or become aware of, discrimination, harassment or assault by, or involving, any member of the University community, guests or visitors on University property or any property controlled by the University, including off-campus University sponsored events, should report the incident as soon as possible after the conclusion of the incident to the Title IX Coordinator or Deputy Title IX Coordinator or a member of the University faculty, staff or administration. 

    The University’s Anti-Discrimination Policy applies to all faculty, staff, administration, supervisors, employees, students, volunteers and visitors both on and off campus property.  Off-campus property includes, but is not limited to, University programming, internships, study abroad programs and sporting events. 

    In order for the University to be able to remedy alleged discrimination, harassment or assault, it is imperative that claims are immediately brought to the attention of administration.  University faculty, staff and administrators who know, or in the exercise of reasonable care should have known, of discrimination, harassment or assault and fail to appropriately handle the report may be subject to disciplinary action.  Failure to report claims of such conduct hamper the University’s ability to take appropriate steps to remedy such situations. Every report of perceived discrimination or harassment will be fully investigated and corrective action will be taken when appropriate.  Marywood University will not allow any form of retaliation against individuals who report claims of discrimination or harassment or who cooperate in the investigation of such reports in accordance with this Policy.  The University strongly encourages and expects all members of the University community to report suspected or actual incidents involving discrimination, harassment and violence. 

    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 Deputy Title IX Coordinator for the University, or to the Assistant Secretary for the Office of Civil Rights of the Department of Education.

    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 Assistant Vice President for Human Resources and Affirmative Action Officer.

    Contact information for the Title IX Coordinator and Deputy Title IX Coordinator follows:

    Dr. Patricia E. Dunleavy, Assistant Vice President for Human Resources,
    Title IX Coordinator
    dunleavy@marywood.edu
    570-348-6220
    570-961-4740 fax
    86 Liberal Arts Center

    Dr. Amy Paciej-Woodruff, Dean of Students
    Deputy Title IX Coordinator
    apaciej@marywood.edu
    570-340-6016
    570-340-6037 fax
    107C Nazareth Student Center

    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, and Title IX of the Civil Rights Act of 1964, as amended.  These are explicit civil and legal applications of the formulation of beliefs already cherished in Marywood’s religious commitment, objectives, and practices.

    Definitions

    Sexual Harassment    

    Sexual harassment is a form of sex discrimination prohibited by Title IX.  It is unwelcome conduct of a sexual nature.  Marywood University adopts the following definition of sexual harassment based on the statement endorsed by the American Association of University Professors, revised June 1995, and considers it applicable to the entire Marywood community. 

    Sexual advances, requests for sexual favors, and other conduct of a sexual nature constitute sexual harassment when: 

    1. such advances or requests are made under circumstances implying that one’s response might affect academic or personnel decisions that are subject to the influence of the person making the proposal; or
    2. such speech or conduct is directed against another and is either abusive or severely humiliating and/or persists despite objection of the person targeted by the speech or conduct; or
    3. such speech or conduct is reasonably regarded as offensive and substantially impairs the academic or work opportunity of students, colleagues, or co-workers.  If it takes place in the teaching context, it must also be severe, pervasive, and not germane to the subject matter.  The academic setting is distinct from the workplace in that latitude is required for professional judgment in determining the appropriate content and presentation of academic material.

     Sexual Assault    

    Sexual assault is defined as threats of, or deliberate physical contact of a sexual nature that is against another person’s will or without consent.  Examples of such behavior include, but are not limited to the following:

    1. deliberate physical contact of a lewd type, including brushing, touching, grabbing, pinching, patting, hugging and kissing;
    2. deliberate or reckless threats, actual or implied, of physical contact of a sexual nature that results in reasonable fear of sexual assault or physical harm;
    3. coerced sexual activities, including rape.  Rape, the most severe type of sexual assault, is legally defined in Pennsylvania as sexual intercourse that is coerced through force or threats of force, or with someone who is unconscious or with someone who is so mentally deranged or deficient as to be incapable of consent. 

    Consent  

    Consent means an informed, freely given agreement, communicated by clearly understandable words or actions, to participate in each form of sexual activity. Consent cannot be inferred from silence, passivity, or lack of active resistance.  A current or previous dating or sexual relationship is not sufficient to constitute consent, and consent to one form of sexual activity does not imply consent to other forms of sexual activity. By definition, there is no consent when there is a threat of force or violence or any other form of coercion or intimidation, physical or psychological. A person who is the object of sexual aggression is not required to physically or otherwise resist the aggressor; the lack of informed, freely given consent to sexual contact constitutes sexual misconduct.

    Other Forms of Harassment

    Harassment based on one’s race, color, gender, national or ethnic origin, age, creed, ancestry, religion, disability, or any other legally protected status is also in violation of this policy and should be reported immediately.  Harassment is not easily defined but includes severe or pervasive conduct which is reasonably regarded as offensive and substantially impairs the academic or work opportunity of students, colleagues, or co-workers.  If it takes place in the teaching context, it must also be severe, pervasive and not germane to the subject matter.  The academic setting is distinct from the workplace in that latitude is required for professional judgment in determining the appropriate content and presentation of academic material. Such conduct includes, but is not limited to, slurs, epithets, threats, derogatory comments, unwelcome jokes, teasing, and similar conduct whether written, verbal or physical.

    Procedures

    Marywood University maintains a comprehensive policy regarding the investigation of complaints under this Policy, entitled the Anti-Discrimination Complaint Procedures available from the Title IX Coordinator or Deputy Title IX Coordinator.  Additionally, students who have potential claims against other students may contact the Dean of Students, Deputy Title IX Coordinator, who may assist students in filing complaints through the Marywood University Conduct Process.

    In furtherance of Marywood University’s commitment to its duties and obligations, regular training on harassment, discrimination and related topics is provided for managers and supervisors in the Marywood community.

    A list of Marywood University and community resources is available at the Human Resources Office.

 


Contact: campus-safety@marywood.edu | 570-348-6242 | Nazareth Student Center, Terrace Level