Title IX Policy

Introduction

Trinity Anglican Seminary complies with the regulations of Title IX in regards to sexual harassment. The Title IX Coordinator for the seminary is the HR Administrator, both in cases involving students and employees.

Definition & Coverage

“Sexual harassment,” for the purposes of this policy is defined as conduct on the basis of sex that meets one or more of the following criteria:

• A seminary employee conditioning an educational benefit of service on an individual’s participation in unwelcome sexual conduct (Quid pro quo harassment)
• Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the seminary’s education program or activity
• Sexual assault, dating violence, domestic violence, or stalking as defined by the Cleary Act, the Violence Against Women Act, and relevant Pennsylvania State Laws

This policy covers such harassment not only on Trinity’s campus but also off campus, on other Trinity-owned property (including student housing), and/or when it takes place in the context of a seminary activity or event anywhere within the United States or internationally during a Trinity sponsored event, as described in the Title IX regulations.

Policy Enactment

This policy is considered to be in effect when the seminary has actual knowledge of an allegation of sexual harassment. Actual knowledge is determined to exist when a “Complainant” (alleged victim and/or reporter of harassment) informs the Title IX Coordinator of an alleged instance of sexual harassment.

Upon receipt of actual knowledge of an alleged instance of sexual harassment, the Title IX
Coordinator will provide the Complainant with information on:

• The availability of supportive measures (which are to be offered whether or not a formal complaint is made)
• The right to file a formal complaint
• How to file a formal complaint, which initiates an investigation

Supportive Measures

Supportive measures (such as counseling, assistance, extension of deadlines, campus escort services, or other measures not implicating the alleged harasser) will be offered free of charge to the Complainant. Both the allegation and the supportive measures, if any, will be kept confidential by the seminary to the extent it is possible to do so without impairing the ability to provide said supportive measures.

There does not need to be a formal complaint for an alleged victim to receive supportive measures.

The Title IX coordinator will also file a report, to be kept in the student’s official seminary file until at least seven years after the date of the filing.

Supportive measures (such as counseling, assistance, extension of deadlines, campus escort services, or other measures not implicating the alleged harasser) will be offered free of charge to the complainant. Both the allegation and the supportive measures, if any, will be kept confidential by the seminary to the extent it is possible to do so without impairing the ability to provide said supportive measures.

Formal Compliant

If a student or employee wishes to file a formal complaint alleging sexual harassment, the complaint should be made in writing, whether hard-copy or electronically and given or sent to:

Russell Warren, HR Administrator

Trinity School for Ministry

311 11th St

Ambridge, PA 15003

rwarren@tas.edu

The formal complaint (allegation) must include:

• The name of the complainant
• The name of the accused person
• The date and time of the alleged sexual harassment
• A detailed description of the alleged sexual harassment

It may include other pertinent information. If the Complainant chooses not to file a formal complaint, the Title IX Coordinator, at his/her discretion, may choose to do so.

Upon receipt of a formal complaint, the Title IX Coordinator is to share this confidentially with the Dean & President. This initiates the Formal Investigation. (In the case that the Dean/President is the subject of a complaint, this role is taken over by the Chairperson of the Board of Trustees.)

Procedure for Formal Investigation ("Grievance Procedure")

Preamble

In what follows, both the alleged victim and/or reporter of the allegation (“Complainant”) and the accused person (“Respondent”) will be treated equitably by the seminary. The goal of the Formal Investigation is to restore and preserve equal access to the seminary’s educational and formation
programs and to maintain the peace and unity of Christ’s people. If a Respondent is found to be responsible for sexual harassment, disciplinary action may be take up to and including dismissal from the Seminary and removal from the campus and other Trinity property. It may also include
dismissal from a particular class, the requirement to keep distance from the complainant or other such measures designed to protect the Complainant. No evidence may be admitted in the investigation which is protected by attorney-client privilege or doctor-patient privilege, unless the person holding said privilege has freely waived it. Individuals will not be compelled to waive these
privileges. The Respondent is presumed not responsible until the conclusion of the investigation; any finding of responsibility must come at the conclusion of the grievance process.

No employee of the seminary is permitted to retaliate in any way against any person for exercising his/her rights under Title IX. The seminary will not charge or punish a person with violation of the Community Covenant for the purposes of discouraging that person from pursuing a sexual harassment report or formal complaint, or exercising any other Title IX rights. If a Covenant violation unrelated to sexual harassment arises from the same fact as a sexual harassment violation, the seminary will not pursue disciplinary action on the matter, unless it touches on the safety or physical welfare of another person. It is NOT considered retaliation for the seminary to discipline a student for making a bad-faith, materially false statement during a Title IX grievance process. (The seminary will not draw a conclusion of bad-faith based on the outcome of the procedure.)

The seminary will keep the identities of parties and witnesses confidential unless disclosure of someone’s identity is required under other laws or is necessary in order to conduct the grievance process.

Right to Withdraw or Dismiss a Formal Complaint

At any point in the procedure, the Complainant may choose to withdraw the Formal Complaint. This must be done in writing to the Title IX Coordinator. Upon receipt of said withdrawal, the Title IX Coordinator, in consultation with the Dean & President, may determine to dismiss the Formal Complaint.

Trinity reserves the right to dismiss a Formal Complaint if the Respondent is no longer enrolled in or employed by the Seminary. It also reserves the right to dismiss a Formal Complaint if circumstances prevent the seminary from gathering evidence sufficient to reach a determination about the allegations.

If the Formal Complaint is dismissed, at any time before or during the Investigation, a letter will be drafted by the Title IX Coordinator and mailed to the Complainant informing him/her of the dismissal and the reason(s) for doing so. A copy of this letter will be placed in the Complainant’s official seminary file until at least seven years after the date of the letter.

A Complaint must be dismissed if:

• It does not describe conduct that meets the definition of sexual harassment;
• It alleges sexual harassment that did not occur in the school’s education program or activity;
• It alleges sexual harassment that did not occur in the United States, unless the alleged harassment occurred on a Trinity-sponsored trip (e.g. cross-cultural immersion).

The seminary reserves the right to address these complaints as violations of the Trinity Community Covenant; however they are not investigated under our Title IX Policy.

Informal Resolution

If, before an investigation is initiated (or at any point during the investigation process), both parties freely and willingly agree to it, informal resolution may be sought. Informal resolution may be requested due to a withdrawal of the Formal Complaint or if the Respondent has not contested the allegations of which they are accused.

In this case, the seminary provides a Facilitator who is free from conflicts of interest and bias, and who has received special training. The matter may be referred to the Student Disciplinary Committee for any discipline.

In this case, the seminary still must provide the Complainant and Respondent with notice of the allegations, notice of their rights, information on whether or not the informal process will be confidential, and about withdrawing from the process.

Either party may withdraw from the informal resolution process at any time for any reason. In such cases, the Formal Grievance process resumes.

Process of Investigation

If the Formal Complaint is not dismissed, the Dean & President - in consultation with the Title IX Coordinator - shall appoint an Adjudicator (Decision-Maker) and an Investigator. This initiates the Investigation. Both the Adjudicator and the Investigator must be trained in Title IX regulations and must be free of conflicts of interest regarding the allegation in question and the parties involved. The following must then take place:

1. Written Notice

• Upon initiation of the Formal Investigation, the Investigator sends written notice to both the Complainant and the Respondent that an investigation has begun. This notice will include:
  
  • This explanation of the grievance process.
  • The opportunity to engage in informal resolution, if agreed upon by both parties and the Title IX Coordinator. (Informal resolution cannot be offered when the Respondent is an employee of the seminary.)
  • The actual allegations and facts that would constitute sexual harassment.
  • A statement that both parties are entitled to the Advisor of their choice who will represent them in the formal Hearing. The Advisor may be, but is not required to be, an attorney. If the parties do not name an Advisor, the Title IX Coordinator will do so for him/her.
  • A statement that, if evidence is entered, both parties can request to inspect and review said evidence.
  • A statement of the necessity for an interview with each party. Notice should be given that the Respondent will receive written notice of the allegation via certified mail. Notice should be given that the Respondent will have ten days to prepare for an interview with the Investigator from receipt of the written notice.
  • A copy of Trinity’s Community Covenant and an explanation that Christian integrity demands honesty.

2. Interviews

• The Investigator holds an interview with the Complainant.
  
  • The interview will concern the submitted formal complaint to gather any further evidence and clarifications to be presented at the hearing.
• The Investigator holds an interview with the Respondent.
  
  • Before the interview with the Respondent, the Investigator sends the Respondent, via certified mail, written notice of the allegation. The Respondent then has ten days to prepare before the interview is to take place.
  • The interview will concern the allegations made to gather a statement from the Respondent, as well as any evidence to be presented at the hearing.

3. Gathering of Evidence

• The Complainant and the Respondent may submit evidence to be considered. The seminary itself may also gather evidence.
• All evidence to be included is presented to the Investigator who will evaluate it. Notice must be given to both Complainant and Respondent regarding any evidence submitted.
• Both parties, and their Advisors, must be given access to inspect any evidence presented.
• No evidence may be admitted which is protected by attorney-client privilege or doctor-patient privilege. The seminary is not allowed to access a party’s personal records if they are maintained by a physician, psychiatrist, or other professional for the purpose of treatment to the party, without consent. For any such confidential information to be included as evidence, such privilege must be waived, in writing, by the relevant party.
• The seminary cannot restrict the ability of either party to discuss the allegations under investigation, or to gather and present relevant evidence.
• The seminary must allow either party, under advice of their respective Advisors, to respond to any evidence presented. This response then, itself, becomes evidence to be considered.
• When all evidence has been submitted and interviews conducted, the Investigator prepares a Preliminary Investigative Report which is sent to both the Complainant and the Respondent. The Complainant and Respondent have up to ten days to prepare a written response. If such responses are given, those must be taken into consideration before the Adjudicator prepares the Final Investigative Report, which combines the Preliminary Investigative Report as well as any received responses to the Report.
• The Final Investigative Report is provided to the Complainant and the Respondent, together with the date, time, and location of the Hearing.

Formal Hearing

The Adjudicator, in consultation with the Title IX Coordinator, will set a hearing date no less than ten days and no more than twenty days after the Final Investigative Report was sent.

• For the hearing, the Complainant and Respondent do not need to be in the same room. At the request of either party, the hearing may be held “virtually” (via Zoom, Google Hangout, or some other online service), even if all parties are in the same building.
• Both parties are to be represented by an Advisor of his/her choice. If a party does not choose an Advisor, the Title IX Coordinator will choose one for him/her.
• Both parties are permitted to call on witnesses. Even if the witness is not physically present, he or she may attend the hearing “virtually” (via Zoom, Google Hangout, etc.).
• At the hearing, the parties’ Advisors are allowed to question and cross examine other parties and witnesses.
• Neither the Complainant nor the Respondent may personally question or cross-examine anyone.
  
  • Cross-examination refers to the other party’s Advisor asking questions which may challenge the other party’s denials or allegations.
  • Cross-examination questions must be relevant and the Adjudicator must decide if a question is relevant before a party or witness has to answer it.
• A party or witness may choose not to answer any question.
• No questions regarding the Complainant’s prior sexual history are considered relevant or permitted.
• No one - Complainant, Responded, or potential Witness - is required to appear at a hearing.
• No one - Complainant, Respondent, or potential Witness - shall be forced, threatened, coerced, or discriminated against for choosing to participate or not participate in the school’s grievance process.
• The Adjudicator may not make inferences about the determination regarding responsibility based on the fact that a party or witness chose not to come to a hearing or submit to cross-examination.
• The entire hearing, whether locally or virtually held, is to be audio or audiovisually recorded. This recording must be made available, by request, to both parties.

Decision

After the hearing, the Adjudicator - taking into consideration interviews, evidence presented, and the hearing - shall come to a decision regarding whether the Respondent is responsible for the alleged sexual harassment. The Adjudicator is to use independent judgment. He or she must be free of any conflict of interest or bias against or for the Complainant or Respondent. The decision of the Adjudicator is to be made based on clear and convincing evidence.

The Adjudicator then produces a written Statement of Decision, which will include:

• The regulations under Title IX which were violated.
• The seminary policy or policies which were violated.
• A description of the procedural steps which were taken by the seminary arriving at this decision.
• A findings of fact section.
• A section that draws conclusions after applying the facts to the portion of the seminary’s policy that applies.
• A statement and rationale for the ultimate determination of responsibility.
• Disciplinary actions, if found responsible, which are to be imposed on the Respondent, as determined by the Dean & President.
• An explanation of remedies which will be offered to the Complainant.
• A statement and rationale for any remedies for the Complainant, addressing how those remedies will restore or preserve equal access to the Seminary’s programs and formation.
• A statement of the recipient’s procedures, a statement that the parties have the Right of Appeal.

Appeal Process

Parties have the Rite of Appeal at two different points in the process:

• After a dismissal of a Formal Investigation
• At the end of the Formal Investigation, upon receipt of the Statement of Decision.

The Grounds for Appeal are:

• A procedural irregularity affecting the outcome of the matter
• The discovery of new evidence that was not reasonably available at the time of determination of responsibility or dismissal
• A conflict of interest on the part of the Title IX Coordinator, the Investigator, or the Adjudicator, and the conflict of interest affected the outcome.

If either party wishes to appeal the Decision, he or she is to make this known in writing to the Title IX Coordinator (or, in the case that the Appeal is based on a conflict of interest on the part of the Title IX Coordinator, the request for appeal is to be made to the Dean & President). This initiates the Appeal Process.

• The Dean & President appoints a new Adjudicator
• The Title IX Coordinator (or Dean & President) sends written notice to both parties that the Appeal Process has been initiated. Both parties are given five days to make a written statement supporting or challenging the Statement of Decision. These are presented to the new Adjudicator.
• The new Adjudicator is given all the original evidence and the recording of the original Hearing.
• Upon the basis of the evidence, the hearing, and the appellate statements of both parties, the new Adjudicator issues a written Decision on Appeal. This statement either upholds the original Statement of Decision or overturns it. The determination about whether the Respondent is responsible or not for the sexual harassment in this Decision on Appeal is considered final.

Records

All records regarding sexual harassment grievances are kept on file by the seminary for at least 7 years from the date of resolution.