Title IX: Frequently Asked Questions

This page has 15 frequently asked questions and answers related to sexual harassment.

1. What is sexual harassment?

Sexual Harassment is conduct on the basis of sex that satisfies one of the following:

An employee of the recipient conditioning the provision of an aid, benefit, or service of the recipient on an individual’s participation in unwelcome sexual conduct (i.e. quid pro quo);
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 University’s education program or activity;
Sexual assault, dating violence, domestic violence or stalking as defined in the Violence Against Women Act (VAWA).

Sexual harassment is a matter of particular concern to an academic community in which students, faculty and staff are related by strong bonds of intellectual dependence and trust.

2. What is consent?

Consent is knowing, voluntary and clear permission by word or action, to engage in mutually agreed upon sexual activity. Since individuals may experience the same interaction in different ways, it is the responsibility of each party to make certain that the other has consented before engaging in the activity. For consent to be valid, there must be a clear expression in words or actions that the other individual consented to that specific sexual conduct.

A person cannot consent if he or she is unable to understand what is happening or is disoriented, helpless, asleep or unconscious for any reason, including due to alcohol or other drugs. An individual who engages in sexual activity when the individual knows, or should know, that the other person is physically or mentally incapacitated has violated this policy.

It is not an excuse that accused party of sexual misconduct was intoxicated and, therefore, did not realize the incapacity of the other.

3. Can a guy experience sexual violence?

Yes. Anyone, of any sex or age, can be raped or assaulted.

4. What are date rape drugs?

Alcohol and many recreational drugs can be potential "date rape" drugs. There are also drugs commonly administered by a potential assailant. Both categories of drugs can put a victim into a helpless state and permit an assailant to take advantage of the victim. Common examples of date rape drugs are alcohol, GHB, Pohypnol, Ectasy and Ketamine.

5. I know someone who has been sexually assaulted. What should I say to this person? Where can this person get help?

Think of a SMART response:

Safety: Determine if the victim is safe. Ask if he or she would like you to call 911 or contact University police.
Medical Attention: Encourage the victim to obtain medical treatment.
Ask: What you can do to help. Listen with empathy and support the individual's decisions. Assure the victim that rape is not his or her fault and that he/she is not alone.
Report: Talk to the individual about options - reporting to the police or to the University. He or she may choose to report the incident now or days, weeks, months later.
Talk: Encourage the victim to talk to trained counselors, either on- or off-campus.

6. Who can I speak with confidentially?

The University Counseling Center, the Student Health Center, and the Community Coordinator of Spiritual Life are the only completely confidential resources on campus. Counselors at Pittsburgh Action Against Rape and at the Center for Victims are off-campus confidential resources.

7. I had an uncomfortable sexual experience. I am confused about what I experienced and I'm not sure if I want to make a complaint. What should I do?

You can obtain support from the University Counseling Center, the Student Health Center, and Pittsburgh Action Against Rape (PAAR). This will provide an opportunity to confidentially share your experience and help sort through your feelings so that you may make decisions that are right for you.

You can also contact the Office of Compliance and Integrity to learn about the complaint process and possible remedies available from the University. Although this is not a confidential resource, it is private and your information will be shared with only a few University officials.

8. Can I get academic accommodations if this is impacting my ability to do school work? Can I change my housing because I do not feel safe?

All members of the Point Park community have the right to appropriate accommodations. This could include altering school or work schedules and changing housing arrangements. Please contact the Title IX Coordinator to identify the needed accommodations and begin the process.

9. What are the differences between Point Park's complaint process and the legal process?

First of all, the processes are not mutually exclusive. Point Park strongly encourages those who have been the victim of a crime to report the crime to the police. The University's process, however, is internal and while the internal process can and will address crimes, it will also address violations that may not be a violation of the law, but are a violation of institutional community standards.

Because the University is not bound by the constitutional protections afforded to an individual accused of a crime, there is a different standard of proof. Point Park uses a preponderance of the evidence standard (i.e., more likely than not) for the University's adjudication of a respondent accused of sexual harassment.

Point Park students involved in a complaint, whether as the complainant or a respondent, will be provided support and assistance. Individuals may also choose an advocate, such as a parent, friend or other trusted advisor to serve in the investigative phase. The investigation will be internal; however, the resolution will be a hearing process.

Complaints may be filed concurrently with both Point Park and the appropriate police agency and both investigations can proceed at the same time.

10. What is stalking?

The term ''stalking'' means engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

(A) fear for his or her safety or the safety of others; or

(B) suffer substantial emotional distress.

Stalking may include persistent attempts to contact a person by phone, email or text messages. It may include vandalizing a person's property or leaving unwanted items for the person and/or repeatedly appearing at the person's classroom, residence or workplace without permission. A person who feels he or she is a victim of stalking may file a complaint with the University under its Sexual Harassment Policy.

11. How long after an incident can I file a complaint?

There is no time limit on filing a complaint. If you have any questions, please contact the Title IX Coordinator, at 412-392-3980.

12. How long does the complaint process take?

The University aims to complete a full investigation and provide a resolution to the complaint within a reasonable time frame. At times, the process may take longer due to the complexity of the case or uncontrolled circumstances that make certain witnesses or parties unavailable, such as a criminal investigation or University holiday or summer break. All parties to the incident will be kept abreast of the progress of any investigation or decision making and offered an estimate on the timeline of the process if it is expected to extend beyond a reasonable time frame.

13. What are the penalties for sexual harassment?

Point Park takes violations of its Policy Prohibiting Sexual Harassment, Relationship Violence and Stalking very seriously. If a student or employee is found in violation of the University's policy, the sanctions imposed will vary depending on the facts of the case. The sanctions may range from a no contact order to expulsion or dismissal from the University.

14. I am a parent of a student involved in a complaint process. Who can I contact?

Parents and guardians can contact the Title IX Coordinator with a report, questions or concerns about the reporting, investigative, hearing and appeal process at 412-392-3980. The University is bound by federal privacy laws that govern student records, and consequently, may not be able to share specific information about the complaint; however, we can share all information about the process. The University can also provide information to you about support resources available to your student.

15. What if I was drinking when I was assaulted or harassed?

Point Park generally offers amnesty to students who engaged in illegal behavior (such as underage drinking) during an assault. This also extends to witnesses who may offer testimony in the case.