Title IX

 

“Freedom from sexual assault is a basic human right… a nation’s decency is in large part measured by how it responds to violence against women…our daughters, our sisters, our wives, our mothers, our grandmothers have every single right to expect to be free from violence and sexual abuse.”

– President Barack Obama, January 22, 2014


The Student Handbook is a comprehensive collection of information about University governance, services, facilities, organizations, and policies that directly affect students.


Title IX regulations state no person shall on the basis of sex be excluded from participation in, denied the benefits of, or subjected to discrimination in education programs or activities operated by recipients of Federal financial assistance.  

Lincoln University is committed to providing a work and learning environment that is free from all forms of unlawful discrimination, including sexual harassment, sexual assault, stalking, dating violence, domestic violence, and other forms of sexual misconduct. For more information please see the full version of the Sexual Misconduct Policy

The Title IX Coordinator is the designated university official with primary responsibility for coordinating the university’s compliance with Title IX. For Title IX concerns, contact:

Title IX Coordinator 
Gerard Garlic
126 Wellness Center
1570 Baltimore Pike
Lincoln University, PA 19352
Phone: 484-746-0000
Email: titleix@lincoln.edu


Sexual Misconduct   ::   Prohibited Acts   ::   Consent   ::   Resources and Support   ::   File a Complaint


WHAT IS SEXUAL MISCONDUCT

The term sexual misconduct means any unwelcome conduct of a sexual nature and includes dating violence, domestic violence, sexual assault, sexual exploitation, sexual harassment, sexual violence and stalking. The Sexual Misconduct Policy at Lincoln covers a variety of acts committed against another individual without consent or when an individual is unable to give consent freely.  Anyone can be a victim regardless of their gender or sexual orientation. Sexual misconduct includes, but is not limited to, the following prohibited behaviors and includes an attempt to commit a prohibited act or assisting or willfully encouraging a prohibited act.

PROHIBITED ACTS

Prohibited Acts are:

Dating Violence. Dating violence means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the complainant.  The existence of such a relationship is determined based on the reporting party’s statement with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.  Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.  It does not include acts covered under the definition of domestic violence.

Domestic Violence. Domestic violence is any felony or misdemeanor crime of violence committed by: (a) a current or former spouse or intimate partner of the victim; (b) a person with whom the victim shares a child in common; (c) a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner; (d) a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; or (e) any other person against an adult or youth victim who is protected from that person’s acts under the domestic of family violence laws of the jurisdiction in which the crime of violence occurred.

Retaliation. Retaliation is any adverse action, including intimidation, reprisal, threats, coercion or harassment, because a person has filed, supported or provided information in connection with a complaint of sexual misconduct.

Anyone who is aware of possible retaliation or has other concerns regarding the response to a complaint of sexual misconduct should report such concerns to the Title IX Coordinator or designee, who shall take appropriate actions to address such conduct in a prompt and equitable manner.

Sexual Assault. Sexual assault is actual or attempted sexual contact with another person without that person’s consent (as defined in Section VI), including where the person is incapable of giving consent. Sexual assault includes: Rape—vaginal, anal, or oral penetration, however slight, with any body part or object (including oral penetration by a sex organ); Fondling— any non-consensual touching of the private body parts of another for the purpose of sexual gratification; Statutory Rape—sexual intercourse with a person who is under the age of consent (anyone under age 14 and anyone four or more years older than a complainant who is at least 14 and under the age of 16); and Incest- sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law. Sexual assault includes acts achieved by the use or threat of force or coercion, where an individual does not consent to the sexual act, or where an individual is incapacitated.

Sexual Exploitation. Sexual exploitation occurs when an individual takes sexual advantage of another person for the benefit of anyone other than the individual without that person’s consent. Examples of sexual exploitation include, but are not limited to, the following:

  • Creating pictures, movies, webcams, recordings, images or audio of another person’s sexual activity or state of undress without the person’s knowledge and consent;
  • Sharing items described in the bullet above beyond the boundaries of consent where consent was given. For example, showing a picture to friends where consent to view it was given for oneself only;
  • Observing the sexual behavior or a state of undress of another person without the knowledge and consent of that person (e.g., “peeping tom” behavior);
  • Engaging in sexual behavior with knowledge of an illness or disease (HIV or STD) that could be transmitted by the behavior without full and appropriate disclosure to the partner(s) of the disease or illness;
  • Prostituting another person, including attempting to engage others in escort or dating services which encourage in any way sexual behavior in exchange for money;
  • Inducing incapacitation in another person with the intent to engage in sexual conduct, regardless of whether prohibited sexual conduct actually occurs.

Sexual Harassment.  Sexual harassment is unwelcome sexual advances, requests for sexual favors, and other physical, visual, or verbal behavior of a sexual nature where:

  • Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or education; or
  • Submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting the individual; or
  • Such conduct has the purpose or effect of:
  • Unreasonably interfering with an individual’s academic or professional performance; or
  • Creating an intimidating, hostile, or demeaning employment or educational environment.

Sexual harassment includes, but is not limited to, the following examples:

  • Repeated sexual remarks, offensive stories, remarks about sexual activity or experiences, sexual innuendoes or other suggestive comments that are unwanted and unwelcome by another;
  • Displaying or showing pictures, cartoons, or other printed materials of a sexual nature in the workplace or in an educational setting where there is insufficient academic relevance;
  • Exposing the private parts of one’s body to another person;
  • Unwelcome pressure for a dating, romantic, or intimate relationship;
  • Unwelcome touching, kissing, hugging, or massaging;
  • Obscene gestures;
  • Sexual graffiti, pictures, or posters;
  • Sexually explicit profanity.

Sexual Violence.  Sexual violence refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent, including sexual assault, dating violence, domestic violence and stalking.

Stalking. Stalking is a course of conduct, repeated acts or communication directed at a specific person that would cause a reasonable person to: (a) fear for the person’s safety or the safety of others; or (b) suffer substantial emotional distress. For the purpose of this definition: Course of conduct means two or more acts,  including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveys, threatens, or communicates to or about a person, or interferes with a person’s property.

WHAT IS CONSENT

Consent is an explicitly communicated voluntary agreement to engage in a particular sexual activity at a particular time.   Conduct will be considered, "without consent," if there is no clear consent, verbal or nonverbal, is given. Because sexual misconduct is defined as sexual activity that is undertaken without consent, each participant must obtain and give consent to each sexual act.

Consent must be in clearly understandable words or actions and freely given.

Consent can never be the result of:

  • Force – violence, physical restraint, or the presence of a weapon;
  • Threats – indications of intent to harm, whether direct or indirect;
  • Intimidation or duress – extortion, menacing behavior, bullying;
  • Coercion – undue pressure; or
  • Deception or fraud – misrepresentation or material omission about oneself or the situation in order to gain permission for sexual or intimate activity.

Consent can never be given by a person who is incapacitated, whether as a result of drugs, alcohol or otherwise.

  • A person is incapacitated and incapable of giving consent when he or she is not able to receive and evaluate information effectively and cannot make a rational, reasonable judgment as to the nature of the conduct charged.
  • Some indicators of incapacitation include lack of control over physical movements, being unaware of circumstances or surroundings, or being unable to communicate for any reason.
  • Lincoln’s primary concern is student safety and use of alcohol or drugs never makes the victim at fault for sexual violence.

Consent can never be given by a person who is unconscious or asleep;

Consent can never be given by anyone under the age of 13 and may not be given by anyone under the age of 16 by anyone four or more years older than the complainant;

Consent can never be given by a person who by reason of mental disability is unable to make a reasonable judgment;

Consent can never be inferred from:

  • Silence, passivity, or lack of resistance alone;
  • A previous consensual sexual encounter
  • Attire;

Consent to one form of sexual activity is not consent to engage in all forms of sexual activity;

If at any time during a sexual act any confusion or ambiguity is or should reasonably be apparent on the issue of consent, each individual should stop the activity and clarify the other person’s willingness to continue and his or her capacity to consent. Consent may be withdrawn by either party at any time. Once withdrawal of consent has been expressed, sexual activity must cease.

RESOURCES AND SUPPORT

Lincoln University Resources

Department of Public Safety
(Azikiwe-Nkrumah Hall – 24 hours a day/7 days per week)

484-365-7211

Title IX Coordinator
(Wellness Center, Monday – Friday, 2 p.m. – 9 p.m.)

484-746-0000

University Health Services*
(Wellness Center, Suite 100, Monday – Friday, 9 a.m. – 5 p.m.)

484-365-7338

The Women’s Center
(Hansberry Hall, Basement Level, by appointment)

484-365-7244

Dean of Students 
(Wright Hall, Suite 300, Monday-Friday, 9 a.m. – 5 p.m.)

484-365-7527

Office of Human Resources
(International Cultural Center, 2nd Floor, M - F, 9 a.m. – 5 p.m.)

484-365-8059

Religious Life (Chapel)*

484-365-8075

Counseling Services * (Wellness Center, Room 221)

484-365-7244

* Confidential Resources

Off Campus Resources

Domestic Violence Center of Chester County  
(http://www.dvccc.com/)
24 Hour Hotline; Providing counseling services, support groups and legal advocacy

24 Hour Hotline: 
610-431-1430;  
888-711-6270

Sexual Assault Crisis Hotline, Crime Victims’ Center of Chester County  
(https://www.safehelpline.org/?gclid=CMuIgPm6lMYCFQkUHwodoR8ARA)
Provides victim services and resources

24 Hour Hotline:
610-692-7273

Domestic Violence Hotline, Philadelphia   
(http://www.thehotline.org/?gclid=CPHM5oO7lMYCFUIRHwodVQIFRg)
24-hour resource anonymous and confidential resource for individuals with questions or concerns about domestic violence

24 Hour Hotline:
866-723-3014

Women Against Abuse, Philadelphia
(http://www.womenagainstabuse.org/)
Provides domestic violence services in Philadelphia, including emergency shelters and legal representation for protection from abuse orders.

215-386-1280

Women Organized Against Rape (WOAR), Philadelphia  
(http://www.woar.org/)
​Provides counseling services, resources and court & legal information

Hotline: 215-985-3333

The Pennsylvania Coalition Against Rape (PCAR) 
(http://www.pcar.org/)
​Works to raise awareness about rape and sexual assault and advocates for the rights and needs of victims of sexual assault.

888-772-7227

Rape, Abuse and Incest National Network (RAINN) 
(https://www.rainn.org​)
24 Hour Hotline providing support to sexual assault victims and their loved ones.

800-656-HOPE

Gay, Lesbian, Bisexual & Transgender National Hotline  
(http://www.glbthotline.org/​)
M - F, 4pm - 12am; Sat. 12pm - 5pm. Hotline provides free and confidential peer-support, as well as factual information and local resources, on relationship concerns, bullying

888-843-4564

Legal Assistance – The University does not recommend private attorneys, but you may wish to use the referral services of the Chester County Bar Association Lawyer Referral and Information Service, (http://www.chescobar.org/?page=LawyerReferralServ),  610-429-1500, which also can provide referrals to attorneys for visa and immigration services.   

610-429-1500

                                                     

HOW TO FILE A COMPLAINT

Complaints may be filed with:

Title IX Coordinator: The University’s Title IX Coordinator is Gerard Garlic. He can be contacted from 2 p.m. until 9 p.m., Monday through Friday, by telephone at 484-746-0000 or in person in Room 126 of the WellnessCenter, and at any time by email at titleix@lincoln.edu.

Human Resources: From 9 a.m. until 5 p.m., Monday through Friday, incidents involving University employees may be reported to the Office of Human Resources, by telephone at 484-365-8059 or in person in room 112 of the International Cultural Center, and at any time by email at hr@lincoln.edu.