Prohibited Conduct

The core purpose of the Policy Prohibiting Discrimination and Harassment is the prohibition of all forms of discrimination. Sometimes, discrimination involves exclusion from or different treatment in activities, such as admission, athletics, or employment. Other times, discrimination takes the form of harassment or, in the case of sex-based discrimination, can encompass sexual harassment, sexual assault, stalking, sexual exploitation, dating violence or domestic violence.

Holy Family University is committed to providing a workplace and educational environment, as well as other benefits, programs, and activities, that are free from Discrimination, Harassment, and Retaliation. Holy Family University has adopted this Policy Prohibiting Discrimination and Harassment in order to advance its goal of maintaining an environment free of Discrimination, Harassment, and related Retaliation.

University Nondiscrimination Statement

Holy Family University does not Discriminate, nor does it permit Discrimination, including Harassment and/or Retaliation, on the basis of race; color; sex (including sex stereotypes, sex characteristics, sexual orientation, or gender identity); Pregnancy or Related Conditions; religion; creed; ethnicity; national origin; disability; age; Parental, Marital, or Family Status; veteran or military status; genetic information; or any other protected category under applicable local, state, or federal law (“Protected Classes”) in its Education Program or Activity, including with respect to applications for enrollment and/or employment. Holy Family University has adopted grievance procedures, set forward in its Policy Prohibiting Discrimination and Harassment, which provide for the prompt and equitable resolution of Complaints alleging any action which would be prohibited by this Policy. All Complaints brought under this Policy will be addressed promptly and equitably pursuant to the procedures provided for herein.

Definitions of Prohibited Conduct

The following behaviors constitute Prohibited Conduct under this Policy. Conduct that does not meet/fall within the scope of Prohibited Conduct may still be prohibited under the Student Code of Conduct or Employee Code of Conduct.

1. Discrimination: Discrimination is subjecting an individual or group to adverse action on the basis of actual or perceived membership in a Protected Class under this Policy. Sex Discrimination is a form of Discrimination, but separately defined under this Policy.

2. Harassment: Harassment is unwelcome conduct (including oral, written, electronic, graphic, or physical conduct) on the basis of actual or perceived membership in a Protected Class under this Policy that is sufficiently severe or pervasive that it limits or denies the ability of an individual to participate in or benefit from the University’s Education Program or Activity by creating a Hostile Environment. This will be evaluated based on the totality of the circumstances and evaluated subjectively and objectively. Sex-Based Harassment is a form of Harassment, but separately defined under this Policy.

   Determining whether conduct has created a Hostile Environment is a fact-specific inquiry which may include many factors such as, but not limited to: the degree to which the conduct affected the Complainant’s ability to access the University’s Education Program or Activity; the type, frequency, and duration of the conduct; the Parties’ ages, roles, previous interactions, and other factors about each Party that may be Relevant to evaluating the effects of the alleged unwelcome conduct; the location and context in which the conduct occurred; and other similar conduct in the University’s Education Program or Activity.

   Holy Family University reserves the right to address offensive conduct that 1) does not rise to the level of creating a Hostile Environment, and/or 2) that is not based on a Protected Class. Addressing such conduct will not result in the imposition of discipline under University policy, but may be addressed through respectful conversation, remedial actions, education, effective Alternate Resolution, and/or other informal resolution mechanisms. For assistance with Alternate Resolution and other informal resolution techniques and approaches, employees should contact Human Resources, and students should contact the Deputy Title IX Coordinator.
    

3. Sex Discrimination: Subjecting an individual or group to an adverse action based on sex, including sex stereotypes, sex characteristics, sexual orientation, and/or gender identity; Parental, Family, or Marital Status; and/or Pregnancy or Related Conditions. Sex-Based Harassment, including Sexual Assault, Dating Violence, Domestic Violence, and Stalking, is a form of Sex Discrimination, but separately defined under this Policy. 
   
   Under the limited circumstances in which Title IX permits different treatment or separation on the basis of sex (such as sex-separate housing or sex-related eligibility criteria for male and female athletic teams), individuals may be permitted to participate in a manner consistent with their gender identity, but failure to permit such participation does not constitute Sex Discrimination under Title IX or this Policy. Failure to permit participation consistent with gender identity under all other circumstances subjects an individual to more than de minimis harm and could constitute Sex Discrimination under Title IX and this Policy.
    
4. Sex-Based Harassment: Harassment based on sex, including sex stereotypes, sex characteristics, sexual orientation, gender identity, and/or Pregnancy or Related Conditions, that falls into one or more of the following categories:
   1. Quid Pro Quo: An employee, agent, or other person authorized by the University to provide an aid, benefit, or service under the University’s Education Program or Activity explicitly or implicitly conditions the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct. It does not matter whether or not the person submits.
   2. Hostile Environment: Unwelcome sex-based conduct (including oral, written, electronic, graphic, or physical conduct) that is sufficiently severe or pervasive that it limits or denies the ability of an individual to participate in or benefit from the University’s Education Program or Activity by creating a Hostile Environment, as defined above (“Harassment”).
   3. Sexual Assault, Dating Violence, Domestic Violence, Stalking: Sexual Assault, Dating Violence, Domestic Violence, and Stalking are forms of Sex-Based Harassment, just as Sex-Based Harassment is a form of Sex Discrimination. These types of Prohibited Conduct are separately defined below.
       
5. Sexual Assault: A forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation, which includes the following acts:
   1. Rape: The carnal knowledge of a person without that person’s consent, including instances where the person is incapable of giving consent because of their age or temporary or permanent mental or physical incapacity.
   2. Sodomy: Oral or anal sexual intercourse with another person without that person’s consent, including instances where the person is incapable of giving consent because of their age or temporary or permanent mental or physical incapacity.
   3. Sexual Assault With An Object: To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person without that person’s consent, including instances where the person is incapable of giving consent because of their age or temporary or permanent mental or physical incapacity.
   4. Fondling: The touching of the private body parts of another person for the purpose of sexual gratification without that person’s consent, including instances where the person is incapable of giving consent because of their age or temporary or permanent mental or physical incapacity.
   5. Statutory Rape: Nonforcible sexual intercourse with a person who is under the statutory age of consent.
       
6. Dating Violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim, where the existence of such a relationship is determined based on a consideration of the length of the relationship; the type of relationship; and the frequency of interaction between the persons involved in the relationship.
    
7. Domestic Violence: A felony or misdemeanor crime committed by a person who is a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the Commonwealth of Pennsylvania , or a person similarly situated to a spouse of the victim; is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner; shares a child in common with the victim; or commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the Commonwealth of Pennsylvania.
    
8. Stalking: A course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others, or to suffer substantial emotional distress. Stalking must be sex-based in order to be within the scope of this Policy. For the purposes of this definition:
   1. “Course of conduct” means two or more acts, including, but not limited to, acts in which the Respondent directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
   2. “Reasonable person” means a reasonable person under similar circumstances and with similar identities to the Complainant.
   3. “Substantial emotional distress” means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.
       
9. Retaliation: Any intimidation, threats, coercion, or discrimination directed at an individual by the University, a Student or employee of the University, or any other person authorized by the University to provide aid, benefits, or services as part of the University’s Education Program or Activity, for the purpose of interfering with that individual’s right(s) under this Policy, or because the individual has made a Report or Complaint under this Policy; made a report or complaint to an external agency or to law enforcement; or participated or refused to participate in any investigation, adjudication, or other proceeding under this Policy, including an Informal Resolution Process or Grievance Procedures. 
   
   Retaliation includes peer retaliation, meaning retaliation by a student against another student, but also Retaliation by a student against an employee, or by an employee against a student, as well as by an employee against another employee of more or less senior role. An individual need not be a Complainant or Respondent to have committed or been affected by Retaliation. 
   
   It is not Retaliation for the University to require an employee, or other person authorized by the University to provide aid, benefits, or services as part of its Education Program or Activity, to participate as a witness in, or otherwise assist with, any investigation or adjudication under this Policy.

Provisions Pertaining to Parental, Family, or Marital Status, and Pregnancy or Related Conditions

Nondiscrimination of Applicants, Students, and Employees 

In determining whether a person satisfies any University admissions policy or criterion, or in making any offer of admission, the University will treat Pregnancy or Related Conditions in the same manner and under the same policies as any other temporary medical condition. The University will not make pre-admission or pre-employment inquiry as to the Marital Status of an Applicant, including whether an Applicant is “Miss or Mrs.” The University may ask an Applicant to self-identify their sex, but only when asking this question of all Applicants. The response will not be used as a basis for Discrimination.

The University will not adopt or apply any policy, practice, or procedure, or take any employment action, concerning the current, potential, or past Parental, Family, or Marital Status of a Student, employee, or Applicant that treats persons differently on the basis of sex, or which is based upon whether an employee or Applicant for employment is the head of household or principal wage earner in such employee’s or Applicant’s family unit. The University will not Discriminate against, establish or follow any policy, practice, or procedure that discriminates against, or exclude from employment any person on the basis of current, potential, or past Pregnancy or Related Conditions. 

Voluntary Student Participation in Separate Education Programs or Activities

The University may offer students voluntary participation in a separate portion of its Education Program or Activity when comparable to what is offered to Students who are not experiencing Pregnancy or Related Conditions.

No Requirement of Medical Certification for Student Participation

The University will not require a Student, due to Pregnancy or Related Conditions, to provide certification from a physician or other licensed healthcare provider that the Student is physically able to participate in classes, programs, or student activities unless necessary, required for all participating Students, and not used as a basis for discrimination.

Leaves of Absence

Student Leaves of Absence

A University Student experiencing Pregnancy or Related Conditions is allowed a voluntary leave of absence to cover, at minimum, the period of time deemed medically necessary by the Student’s physician or other licensed healthcare provider. If other University leave policy allows a greater span of time than this period, the Student is permitted to take leave under that policy instead. Upon return, the Student will be reinstated to the academic and, as practicable, extracurricular status that the Student held when the leave began.

Employee Leaves of Absence 

In the event a University employee is not qualified for a leave, or if no leave or insufficient leave is available, Pregnancy or Related Conditions is a justification for a voluntary leave of absence without pay for a reasonable period of time, at the conclusion of which the employee shall be reinstated to the status held when the leave began or to a comparable position, without decrease in rate of compensation or loss of promotional opportunities, or any other right or privilege of employment.

Lactation-Related Accommodations for Students and Employees

The University will provide reasonable break time for a Student or employee to express breast milk or breastfeed as needed, and make available a lactation space, other than a bathroom, that is clean, shielded from view, free from intrusion from others, and may be used by a Student or employee for expressing breast milk or breastfeeding as needed.

Student and Employee Rights to Reasonable Modifications or Temporary Adjustments

Students are entitled to reasonable modifications to University policies, practices, or procedures because of Pregnancy or Related Conditions on an individualized and voluntary basis depending on the Student’s needs when necessary to prevent discrimination and ensure equal access, unless the modification would fundamentally alter the Education Program or Activity.

These may include but are not limited to: breaks to attend to health needs, including for expressing breast milk or breastfeeding; excused absences to attend medical appointments; access to online instruction; changes in schedule or course sequence; extensions of time for coursework; rescheduling of tests and examinations; counseling; changes in physical space or supplies; or elevator access. Such modifications will be comparable to the treatment of other temporary disabilities or conditions.

The University will not require Students to provide supporting documentation unless necessary and reasonable to determine reasonable modifications. It will by definition be not necessary and reasonable when the need for the specific action is obvious; when the Student has previously provided sufficient supporting documentation; when the reasonable modification relates to drinking water, using a bigger desk, and/or the need to sit, stand, or take breaks to eat, drink, or use the restroom; when the Student has lactation needs; or when the requested specific action is available to Students for reasons other than Pregnancy or Related Conditions without the submission of supporting documentation.

With respect to employees, the University treats Pregnancy or Related Conditions as any other temporary disability or condition for all job-related purposes, including, where appropriate, the provision of temporary adjustments.

Requirement to Provide Information to Students Experiencing Pregnancy or Related Conditions

When any University employee is informed by a Student of that Student’s Pregnancy or Related Conditions, the employee must, unless the employee reasonably believes the Civil Rights Coordinator has already been notified, promptly inform the Student of the Civil Rights Coordinator’s contact information and that the Civil Rights Coordinator can coordinate specific actions to prevent Sex Discrimination and ensure equal access to the Education Program or Activity by promptly providing the Notice of Non-Discrimination and informing the student of the University’s obligations. These include:

• Prohibiting Sex Discrimination, including Sex-Based Harassment;
• Allowing access, on a voluntary basis, to any separate and comparable portion of the University’s Education Program or Activity;
• Referring Students experiencing Pregnancy or Related Conditions to the Civil Rights Coordinator;
• Taking specific actions to promptly and effectively prevent Sex Discrimination and ensure equal access to the Education Program or Activity, including providing the option of making reasonable modifications to Seton Hill policies, practices, or procedures because of Pregnancy or Related Conditions;
• Allowing a voluntary leave of absence;
• Ensuring the availability of lactation space; and
• Maintaining Grievance Procedures that provide for the prompt and equitable resolution of complaints of Sex Discrimination.

Download 2023-2024 Student Handbook