Glossary of terms and definitions relative to the Pennsylvania Highlands Community College Equal Opportunity, Harassment, and Non-Discrimination Policy for incidents occurring on or after August 2024.
Advisor. Any person chosen by a party, or appointed by the institution, who may accompany the party to all meetings related to the Resolution Process and advise the party on that process.
Title IX Coordinator. The person with primary responsibility for overseeing and enforcing the Nondiscrimination Policy and Procedures. As used in these policies and procedures, the “Title IX Coordinator” may also include their designee(s).
Appeal Decision-maker. The person or panel who accepts or rejects a submitted appeal request, determines whether any of the grounds for appeal are met, and directs responsive action(s), accordingly.
Complainant. A student or employee who is alleged to have been subjected to conduct that could constitute discrimination, harassment, or retaliation under the Policy; or a person other than a student or employee who is alleged to have been subjected to conduct that could constitute discrimination or harassment or under the Policy and who was participating or attempting to participate in Pennsylvania Highlands Community College’s education program or activity at the time of the alleged discrimination, harassment or retaliation.
Complaint. An oral or written request to Pennsylvania Highlands Community College that can objectively be understood as a request for the Pennsylvania Highlands Community College to investigate and make a determination about the alleged Policy violation(s).
Confidential Employee. An employee whose communications are privileged or confidential under federal or state law. The employee’s confidential status, for purposes of this definition, is only with respect to information received while the employee is functioning within the scope of their duties to which privilege or confidentiality applies; or an employee whom Pennsylvania Highlands Community College has designated as confidential under this Policy for the purpose of providing services to persons related to discrimination, harassment, or retaliation. If the employee also has a duty not associated with providing those services, the employee’s confidential status only applies with respect to information received about discrimination, harassment, or retaliation in connection with providing those services; or an employee who is conducting an Institutional Review Board-approved human-subjects research study designed to gather information about discrimination, harassment, or retaliation. The employee’s confidential status only applies with respect to information received while conducting the study.
Confidential Employees. There are three categories of Confidential Employees: 1) Those with confidentiality bestowed by law or professional ethics, such as lawyers, medical professionals, clergy, and counselors; 2) Those whom Pennsylvania Highlands Community College has specifically designated as confidential for purposes of providing support and resources to the Complainant; and 3) Those conducting human subjects research as part of a study approved by the Pennsylvania Highlands Community College’s Institutional Review Board (IRB). For those in category 1), above, to be able to respect confidentiality, they must be in a confidential relationship with the person reporting, such that they are within the scope of their licensure, professional ethics, or confidential role at the time of receiving the Notice.
Day. A business day when Pennsylvania Highlands Community College is in normal operation. All references in the Policy to days refer to business days unless specifically noted as calendar days.
Decision-maker. The person or panel who hears evidence, determines relevance, and makes the Final Determination of whether Policy has been violated and/or assigns sanctions.
Education Program or Activity. Locations, events, or circumstances where Pennsylvania Highlands Community College exercises substantial control over the context in which the discrimination, harassment, and/or retaliation occurs and also includes any building owned or controlled by a student organization that Pennsylvania Highlands Community College officially recognizes.
Employee. A person employed by Pennsylvania Highlands Community College either full- or part-time, including student employees when acting within the scope of their employment.
Final Determination. A conclusion by the standard of proof that the alleged conduct did or did not violate Policy.
Finding. A conclusion by the standard of proof that the conduct did or did not occur as alleged (as in a “finding of fact”).
Informal Resolution. A resolution agreed to by the Parties and approved by the Title IX Coordinator that occurs prior to a Final Determination in the Resolution Process.
Investigation Report. The Investigator’s summary of all relevant evidence gathered during the investigation. Variations include the Draft Investigation Report and the Final Investigation Report.
Investigator. The person(s) authorized by Pennsylvania Highlands Community College to gather facts about an alleged violation of this Policy, assess relevance and credibility, synthesize the evidence, and compile this information into an Investigation Report.
Knowledge. When Pennsylvania Highlands Community College receives Notice of conduct that reasonably may constitute harassment, discrimination, or retaliation in its Education Program or Activity.
Mandated Reporter. A Pennsylvania Highlands Community College employee who is obligated by Policy to share Knowledge, Notice, and/or reports of discrimination, harassment, and/or retaliation with the Title IX Coordinator.[1],[2]
Nondiscrimination Team. The Title IX Coordinator, any deputy coordinators, and any member of the Team.
Notice. When an employee, student, or third party informs the Title IX Coordinator of the alleged occurrence of discriminatory, harassing, and/or retaliatory conduct.
Parties. The Complainant(s) and Respondent(s), collectively.
Pregnancy or Related Conditions. Pregnancy, childbirth, termination of pregnancy, or lactation, medical conditions related thereto, or recovery therefrom.
Protected Characteristic. Any characteristic for which a person is afforded protection against discrimination and harassment by law or Pennsylvania Highlands Community College Policy.
Relevant Evidence. Evidence that may aid a Decision-maker in determining whether the alleged discrimination, harassment, or retaliation occurred, or in determining the credibility of the Parties or witnesses.
Remedies. Typically, post-resolution actions directed to the Complainant and/or the community as mechanisms to address safety, prevent recurrence, and restore or preserve equal access to Pennsylvania Highlands Community College’s Education Program and Activity.
Resolution Process. The investigation and resolution of allegations of prohibited conduct under this Policy, including Informal Resolution, Administrative Resolution, and/or Hearing Resolution.
Respondent. A person who is alleged to have engaged in conduct that could constitute discrimination based on a protected characteristic, harassment, or retaliation for engaging in a protected activity under this Policy.
Sanction. A consequence imposed on a Respondent who is found to have violated this Policy.
Sex. Sex assigned at birth, sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.
Student. Any person who has gained admission.
Title IX Coordinator. At least one official designated by Pennsylvania Highlands Community College to ensure ultimate oversight of compliance with Title IX and Pennsylvania Highlands Community College’s Title IX program. References to the Coordinator throughout the Policy may also encompass a designee of the Coordinator for specific tasks.
A substantial Pennsylvania Highlands Community College interest includes:
- Any action that constitutes a criminal offense as defined by law. This includes, but is not limited to, single or repeat violations of any local, state, or federal law.
- Any situation in which it is determined that the Respondent poses an immediate threat to the physical health or safety of any student, employee, or other individual.
- Any situation that significantly impinges upon the rights, property, or achievements of others, significantly breaches the peace, and/or causes social disorder.
- Any situation that substantially interferes with Pennsylvania Highlands Community College’s educational interests or mission.