Student Handbook

The IIRP recognizes the basic rights and responsibilities of the members of the Institute and accepts its obligation to preserve and protect those rights and responsibilities. Further, the Institute must provide for its members the opportunities and protections that best serve the nature of the educational process.

The Code of Conduct governing the behavior of members of the IIRP must ensure the basic rights of individuals, as well as reflect the practical necessities of the community. The Code also must prohibit or limit acts that interfere with the basic purposes, necessities, or processes of the IIRP or with the rights of its members. Finally, the Code must reconcile the principles of maximum freedom and necessary order.

Sanctions

Consistent with the philosophy of restorative practices, the emphasis of the IIRP disciplinary processes is on repairing the harm and restoring the well-being of the educational community. Although sanctions may be appropriate or necessary, violators of the IIRP Code of Conduct will be afforded the opportunity to participate in a restorative process.

Sanctions for violations of the IIRP Code of Conduct may include penalties ranging from warning (written or verbal) to expulsion from the graduate program, but will be tailored to address the circumstances of each offense and ideally decided in conjunction with the offender as part of the process. Ultimately, the administration of the IIRP will be responsible for such sanctions.

The Code of Conduct shall be made public in an appropriate manner and may be revised by the IIRP in consultation with the faculty, students, and staff.

Behaviors Inconsistent with IIRP Values

The Code of Conduct describes behaviors that are inconsistent with the essential values of the IIRP community. Those directly violating the Code of Conduct and those who assist, condone, or who are aware of the violations and do not report them, are engaging in behaviors that contradict the values of the IIRP. Such behaviors include but are not limited to:

1. Physically harming or threatening to harm any person, intentionally or recklessly causing harm to any person, or reasonable apprehension of such harm or creating a condition that endangers the health and safety of self or others.
2. Sexually assaulting or abusing a person. The Institute does not tolerate sexual assault or abuse, such as rape (including acquaintance rape) or other forms of nonconsensual sexual activity.
3. Harassing, stalking, or hazing any person, including sexually harassing.
4. Using, possessing, or storing weapons or fireworks.
5. Tampering with fire or other safety equipment or setting unauthorized fires.
6. Illegally possessing, using, distributing, manufacturing, selling, or being under the influence of alcohol or other drugs.
7. Intentionally providing false or inaccurate reports of emergencies or Code violations or knowingly providing false statements during a hearing, disciplinary conference, or to IIRP officials.
8. Stealing, vandalizing, damaging, destroying, or defacing Institute property or property of others.
9. Obstruction or disruption of classes, research projects, or other activities or programs of the Graduate School; or obstructing access to IIRP facilities, property, or programs. Disruption is defined as an action or combination of actions by one or more individuals that unreasonably interferes with, hinders, obstructs, or prevents the operation of the IIRP or infringes on the rights of others to freely participate in its programs and services.
10. Violating the Academic Integrity Policy.
11. Failing to comply with reasonable directives to provide identification or to report to an administrative office or, when reasonable cause exists, failing to leave Institute-controlled premises when directed to do so by properly authorized persons, including police and/or Institute staff.
12. Making, using, or possessing any falsified IIRP document or record; altering or forging any Institute document or record, including identification or access cards. Includes but not limited to: forging (signing another’s name and/or ID number) or manufacturing IDs, altering permits, and misuse of forms (letterhead stationery, IIRP forms).
13. Unauthorized entry into or use of IIRP property or facilities, including classrooms, offices, and other restricted facilities. The IIRP also has the right to control use and entry into facilities for reasons of security, safety, or protection of property. This includes closing facilities at specified times. It should also be recognized that an open or unlocked door is not an invitation to enter and use facilities.
14. Engaging in disorderly, disruptive, lewd, or indecent conduct. Inciting or participating in a riot or group disruption. Failing to leave the scene of a riot or group disruption when instructed by officials. Disorderly conduct may include disruption of programs, classroom activities, or functions and processes of the IIRP. This item covers unreasonable noise, creating a physically hazardous or physically offensive condition.
15. Violating written IIRP policy or regulations contained in any official publications or administrative announcements, including IIRP computer policies; violating IIRP policies and regulations that are contained in official publications, administrative announcements, contracts, and postings.
16. Violating federal, state, or local law if such behavior has impacts on the IIRP community. Criminal or civil decision is not a necessary prerequisite for a disciplinary decision, nor is it necessary that criminal or civil charges be lodged against the student either before or after a disciplinary decision.
17. Misusing or abusing computer resources or other information technologies at the IIRP.

Students and employees of the IIRP are members of the academic community. As members of the academic community, they are subject to the rights and obligations that accrue to them by virtue of this membership. Students and employees are expected to be honorable and ethical in every regard and to have consideration for the welfare of others as individuals and for the community as a whole.

In keeping with the Clery Act, as amended by the Campus SaVE (Sexual Violence Elimination) Act in 2013, the IIRP does not suggest that witnesses (bystanders) to violent or potentially violent situations put themselves in jeopardy, but that they do take appropriate steps to keep members of the community safe. Reporting options are available for bystanders as well as victims. Calling the police is usually the best way to intervene if there is a question of safety for anyone. If there is no immediate danger, restorative processes may be utilized to address any concerns for members of the community.

The IIRP exercises care and prudence in the handling of personal information that we collect through our websites. This policy does not protect external sites linked to or from any iirp.edu website.

Collection of Information

The IIRP collects no personally identifiable information from visitors to our website, unless an individual affirmatively chooses to make such information available to the IIRP. However, our web servers do automatically recognize some non-personal information, such as volume and timing of access, as well as the Internet domain and IP address from which an individual accesses our sites. That information is stored for a maximum of 60 days.

Cookies are small files that are stored on a computer (unless you block them). We use cookies to understand and save visitors’ preferences for future visits and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We also use cookies to enable certain web services like Single Sign-on. Google and other third parties may use cookies, web beacons, and similar technologies to collect or receive information from this website and elsewhere on the Internet and use that information to provide measurement services and target ads.

The IIRP collects personal information through online data entry forms. Only information necessary to fulfill an information or other request or application, subscribe to our email lists, process a donation, or fulfill an e-commerce transaction and to notify an individual of order status is collected. The IIRP’s website neither markets to persons who are less than 13 years of age nor knowingly collects personal information online from them. Student information is kept confidential pursuant to federal and state regulations. We will not sell information to commercial entities.

We may also provide a visitor’s information to third parties in circumstances where we believe that doing so is necessary or appropriate to satisfy any applicable law, regulation, legal process, or governmental request; or to detect, prevent, or otherwise address fraud, security, or technical issues; or protect our rights and safety and the rights and safety of our users or others.

Use of Information

The IIRP uses the information an individual submits to provide them with the product or service requested, consistent with the purpose for which the information was collected. 

If an individual sends us an email, the email address they provide may be used to send information, respond to inquiries, and/or other requests or questions. We will not share, sell, rent, swap, or authorize any third party to use that email address for commercial purposes without the individual’s permission.

The IIRP may also generate summary statistics about the volume, variety, timing, and other characteristics of our web traffic in general, but such statistics do not contain personally identifiable information. For example, we use third parties such as Google Analytics to generate reports on site usage, web traffic, user behavior, and user interests in order to optimize our website for our visitors.

The IIRP will only use collected information to communicate with an individual regarding future offerings or opportunities in which we feel they may be interested if they have opted to receive such communications.

The IIRP does not share, trade, or sell personal information to third parties. The only exception is the sharing of information or the conduct of marketing efforts in conjunction with IIRP international affiliates, with which we have governance and programmatic oversight, and whose goals and mission are consistent with the mission and goals of the IIRP. 

Opt Out

A person may disable cookies through their individual browser options or they can opt out of the collection and use of this information through tools like the Network Advertising Initiative opt-out page.

Third Party Vendors

The IIRP works with various third-party services to provide email management and payments. We choose these vendors based on their compliance with applicable privacy laws.

Security

The IIRP follows industry-standard precautions and procedures in the transmission and storage of electronic data. The IIRP and affiliate websites use Secure Sockets Layer (SSL) encryption to process secure information. Sensitive credit card information is not permanently stored on any IIRP web server, and although order information is retained for our records, this information is not shared with other companies or persons.

Intellectual Property and Proprietary Rights

Our websites are protected by one or more copyrights, patents, database rights, trademarks, service marks, and/or other intellectual property and proprietary rights that are owned by the IIRP, its affiliates and/or third parties.

Breach Notification

We will notify affected individuals, via email, within 72 hours of first having become aware of a breach of data that is likely to result in a risk for the rights and freedoms of individuals.

Accuracy of Information

All information provided on IIRP websites is for informational purposes only and does not constitute a legal contract between the institution and any other person or entity otherwise specified. Although every reasonable effort is made to present current and accurate information, the IIRP makes no guarantees of any kind.

Review the full Grievance Policy and Formal Complaint Process here.

Emergency situations should be reported to local law enforcement by calling 911.

The policy prohibiting harassment and retaliation applies to all members of the community, which for purposes of this policy includes, but is not limited to, employees, students, independent contractors, consultants, leased employees, visitors, and others working at the IIRP’s premises or with IIRP employees or students. The scope of this policy includes, but is not limited to, all settings in which members of the campus community may find themselves in connection with their employment, education, or other institutionally related activities, such as off-site meetings, conferences, social events, etc., including time spent traveling and socializing on the way to and from, and while at, such events. It also extends to other interactions between or among members of the campus community to the extent that a community member’s right to a campus community free from harassment or other inappropriate conduct is involved.

Harassment

The Institution will not tolerate harassment of any community member based upon membership in a protected class by any other member of the community or other individuals with whom community members interact in connection with their employment, education, or other institutionally related activities.

Harassment consists of unwelcome conduct, whether verbal, physical, or visual, that is based on a person’s protected status, such as race, color, gender, national origin, religion, disability, age, or any other basis prohibited by federal, state, or local law and which has the effect of interfering unreasonably with another’s work or academic performance, or creating an intimidating, offensive, or hostile environment. A hostile environment is one that is permeated with discriminatory intimidation, ridicule, offensiveness, or insult that is sufficiently severe or pervasive to interfere with an individual’s academic or work performance.

Harassing conduct includes, but is not limited to: slurs; negative stereotyping; ethnic jokes; offensive written or graphic material; display of offensive objects; stalking or cyberstalking; threatening, intimidating, or antagonistic acts that denigrate or show hostility or aversion toward an individual or group because of membership in a protected group. This applies not only to actions that occur in-person, but also to conduct that is perpetrated via phone, email, text messages, social media, websites, and by any other means or method of any kind.

Note that conduct as described above may not be sufficiently severe or pervasive to constitute harassment in the legal sense. However, the institution considers any conduct of this nature to be inappropriate within the campus community, and complaints concerning such conduct should be brought to the institution’s attention as set forth below.

In addition to harassment on the basis of legally protected status, the IIRP prohibits harassment on any basis, which the institution defines to include persistent, severe, pervasive, unwelcome, or inappropriate conduct that actually or potentially interferes with a student’s ability to work or learn. The institution reserves the right to take disciplinary action based on such conduct whether or not it meets the legal standards of discrimination or harassment.

Sexual Harassment

Sexual harassment falls under the category of sexual violence. It is a form of sexual discrimination and is illegal. Sexual harassment can occur between people of the same gender or different genders and is prohibited, regardless of the sexual orientation and gender identity of the people involved. Sexual harassment is defined as unwelcome or unwanted sexual advances, requests for sexual favors, and other verbal, physical, or visual conduct of a sexual nature when: submission to such conduct is made, explicitly or implicitly, a term or condition of a community member’s employment, education, or other participation in the community; submission to or rejection of such conduct by a community member is used as the basis for decisions affecting the community member’s employment, education, or other participation in the community; or such conduct has the purpose or effect of unreasonable interference with a community member’s work or academic performance or creates an intimidating, hostile, or offensive working or academic environment.

It is not possible to list all the circumstances that may constitute sexual harassment. However, the following are examples of conduct that, if unwelcome, may constitute sexual harassment, depending upon the totality of the circumstances, including the severity of the conduct and its frequency or pervasiveness.

• Unwelcome sexual advances or propositions (whether or not they involve unwelcome physical touching).
• Explicitly or implicitly conditioning any terms of employment or education (e.g., continued employment, wages, evaluation, advancement, assigned duties, grades) on the provision of sexual favors.
• Inquiries into another’s sexual experience, discussions of one’s sexual activities, comments on an individual’s body or comments about an individual’s sexual activity, deficiencies, or prowess.
• Sexual innuendo, sexually suggestive comments, or use of sexually explicit or vulgar language.
• Sexually oriented teasing or practical jokes; “humor” about gender-specific traits.
• Suggestive body language or gestures.
• Display or transmission of sexually suggestive objects, pictures, posters, cartoons, or other printed or visual material.
• Leering, whistling, or physical contact such as unwelcome touching, patting, pinching, or brushing against another’s body.
• Continued requests to socialize, on or off duty, on or off campus, when a community member has indicated they are not interested.
• Continued writing of sexually suggestive physical or electronic messages, making phone calls or leaving phone messages when it is known or should be known that the recipient does not welcome them.
• Derogatory or provocative remarks relating to an individual’s gender, sexual orientation, gender identity, or gender expression.

The IIRP recognizes that sometimes in the conduct of courses and events there may be controversial or uncomfortable material presented that is appropriate in the context of the course or the event. The IIRP also reminds students that an isolated or stray remark or incident may be unwelcome but does not necessarily rise to the level of harassment or discrimination. It is, however, important to communicate that even stray remarks may be unwelcome and hurtful.

Stalking

Stalking is 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 emotional distress. Stalking or cyberstalking may include repeatedly following, harassing, threatening or intimidating someone, either in-person or by telephone, mail, electronic communication, social media, or any other action, device or method. Stalking may or may not be sexual in nature.

Complaints of Harassment or Retaliation

Because the IIRP takes allegations of harassment, stalking, and retaliation seriously, it will respond swiftly to complaints of such behavior. The Institute strongly encourages any member of the community who believes they have been the target of harassment or inappropriate conduct to report the incident promptly, verbally or in writing, to any faculty member or any administrator. In addition, every member of the community is strongly encouraged to report, in writing, any such conduct observed, no matter who the target.

A timely report will enable the institution to respond rapidly in investigating the allegations and, where it is determined that harassment or inappropriate conduct has occurred, take the necessary steps to eliminate objectionable conduct or conditions, and impose corrective action, where appropriate.

Should any community member believe that they are being harassed or subjected to inappropriate behavior, they may wish to notify the offender directly and immediately that the behavior is unwelcome and offensive and must stop. In many instances, such informal discussions successfully resolve the issue. However, if for any reason a community member does not wish to discuss the matter directly with the offender or if the discussion does not successfully end the behavior, it is the community member’s duty to report the conduct immediately. The institution is committed to taking action if it learns of potential harassment or inappropriate conduct. The institution may be required by law to take such action, even if the aggrieved party does not wish to file a formal complaint.

All administration and faculty are prepared to deal with reports of harassment. All complaints must be reported to the Associate Dean of Administration, either directly by the complainant or through a member of the IIRP staff or faculty to whom the complainant reports the conduct. If the accused is the Associate Dean of Administration, then the report will be made to the President.

Consistent with its name and mission, ideally concerns would first be addressed informally, through informal discussions or a restorative circle. If a solution is reached it should be put in writing, signed and dated by both parties, and copied to the Associate Dean of Administration. However, persons choosing not to do so should report the incident in writing to the Associate Dean of Administration.

Investigation

A complaint of harassment will be investigated promptly and fairly. To the extent practicable, care will be taken to protect the identity of all parties to the complaint, consistent with a thorough and appropriate investigation.

Investigation will be completed as quickly as is practicable and will include private interviews with the person reporting the incident, any witnesses, and the person alleged to have engaged in the harassment or inappropriate conduct. Should any individual responsible for any task related to the investigation process have a conflict of interest, that person will be replaced by a neutral party. It is vital for all parties to the investigation to refrain from discussing any and all aspects of it, on or off campus. If the investigation determines that harassment or inappropriate conduct has occurred, the institution will act promptly to eliminate the offending conduct and impose corrective action where appropriate.

The person who filed the complaint and the person alleged to have committed the offense will be informed at the same time of the results of the investigation. However, the complainant may not be informed of the specifics of any disciplinary action imposed upon the perpetrator to the extent that this might invade his or her privacy.

False statements made by any party in connection with a complaint of harassment or inappropriate conduct or during an investigation will constitute the occasion for appropriate corrective action, up to and including termination of the person’s relationship with the institution.

Corrective Action

The person who filed the complaint and the person alleged to have committed the offense, consistent with the philosophy of restorative practices, will be offered the opportunity to participate in a restorative process before any decisions are made. This is especially appropriate if the offender has admitted to the offense. Participation by either party is strictly voluntary. If either party refuses participation before a decision, all parties will be informed of the decision when it is made and again offered the opportunity to participate in a restorative conference. Should the complainant or offender refuse, there may still be a restorative process for the benefit of either party and others affected by the offense.

If it is determined that harassment or inappropriate conduct has occurred, corrective action may range from a written warning and disciplinary probation to expulsion and may include such other forms of corrective action as the institution deems appropriate.

This is a general statement of policy and no more. While this policy sets forth institutional goals of promoting a community free of harassment and other inappropriate conduct, it is not intended to limit the institution’s authority to discipline or take remedial action for conduct it deems unacceptable. It does not constitute a term or provision of any contract of employment or implied contract of employment between the IIRP and an individual employee, nor does it create contractual obligations on behalf of the institution to any person. Likewise, it does not constitute a guarantee of continued student status to any person or otherwise create any obligation on the part of the institution.

Reports, including anonymous reports, may be submitted online at any time using the IIRP’s online Incident Reporting Form. Reports go directly to the Associate Dean for Administration.

Report an Incident

The IIRP has a no-money-solicitation policy with regard to the solicitation by and among faculty, staff, or students to contribute to organizations or purchase raffle tickets, event tickets, cookies, or other types of organizational fundraising in the workplace. We want to avoid uncomfortable situations where employees feel social pressure to participate. With the exception of the IIRP, the IIRP asks its employees and students to keep such solicitation of contributions and purchases outside of the workplace on a private, interpersonal basis.

Faculty, staff, and trustees of the IIRP Graduate School are asked not to accept or solicit a gift or benefit from vendors, students, or others who may influence or appear to influence the recipient’s decision making. To uphold integrity and transparency, we rely on our community to make informed decisions as to the value of the gift and seek guidance from leadership if the gift is greater than a nominal value. 

Students enrolled in the Graduate School are encouraged to celebrate faculty members with letters, cards, or verbal expressions rather than material gifts.  

Faculty, staff, and trustees may exchange gifts among each other. It is requested that discretion be used when those exchanges occur. 

The IIRP uses digital photographic images and video recordings to promote the Graduate School and events surrounding the institution in websites, print materials, and social media, in areas around education, publicity, and fundraising.  

All IIRP employees, students, trustees, and attendees of IIRP conferences are advised that the IIRP records digital images and video of members of the campus community throughout the year, which may include in classrooms, in study areas, in offices, and at other IIRP on- and off-campus activities. The IIRP reserves the right to employ these images and videos as a part of its internal and external communications efforts.  

All IIRP employees, students, trustees, and attendees of IIRP conferences are given to understand that their images, names, voices, and likenesses may be included, published, or used in perpetuity in IIRP publications including print, broadcast, social, and/or other electronic media for publicity or marketing purposes, and their employment constitutes consent to such inclusion. Procedures are established so that IIRP employees, students, trustees, and attendees of IIRP conferences can opt out of this arrangement. The Vice President for Strategy and Communications is responsible for these procedures.  

The IIRP will never post images with identifying information such as email address, address, or family members’ names. No special compensation is provided to any individual included in images taken at IIRP events. The IIRP does not contact individuals to notify them if or when their images are used by the IIRP. 

Individuals may opt out, if they wish to, here.

Rape, Sexual Assault, Dating Violence, and Domestic Violence

If you have been raped or sexually assaulted, go to a safe place.

If you are in danger or there is an ongoing threat, call 911 for the local police department. Contact the police in order to report a crime.

Support agencies are available 24/7 to provide emotional support, as well as practical information regarding preserving evidence of the crime, getting medical attention, and understanding legal options.

• Further instructions for reporting incidents to the IIRP can be found in the Academic Catalog.

Services for Victims of Rape and Sexual Assault

• To report an offense, contact your local police department (911).
• The National Sexual Assault Hotline (800-545-HOPE/4673; chat online) provides support and information and can refer callers to local agencies.
• HotPeachPages provides listings of international sexual and domestic violence agencies – filterable by country and language.
• DomesticShelters.org provides a searchable directory of domestic violence programs and shelters in the U.S. and Canada, as well as tools and information for people experiencing and working to end domestic violence.
•  For support and information in the Lehigh Valley, contact the Crime Victims Council (610-437-6611; or 610-437-6610 for non-emergencies).
• For legal help in the Lehigh Valley, call the Attorney Referral and Information Service (610-258-6333).
• Luke’s University Hospital (Bethlehem and Easton) and Lehigh Valley Hospital have rape examination kits available. Early medical care is important.
  • St. Luke’s University Hospital (866-STLUKES / 866-785-8537)
  • Lehigh Valley Hospital/Muhlenberg (610-402-8000)

Services for victims of dating violence and domestic violence

• National Dating Abuse Helpline (866-331-9474; text LOVEIS to 22522; chat online)
• National Domestic Violence Hotline (800-799-SAFE/7233; text START to 88788; chat online)
• Turning Point, Allentown, PA (610-437-3369 or 877-438-4957; TTY 610-419-4594)

This is only a partial listing support programs. The appearance of a program or service on this list is not to be construed as the Institute’s endorsement of the identified agency.

Sexual Misconduct

Sexual misconduct in any form or context can threaten the safety, well-being, educational experience, and career of students, faculty, and staff and will not be tolerated whatsoever. Sexual misconduct is a broad term encompassing sexual harassment, dating violence, domestic violence, sexual assault, rape, and any other conduct of a sexual nature that is nonconsensual or has the purpose or effect of threatening, intimidating, or coercing a person. These violations can occur between strangers or acquaintances, including people involved in an intimate or sexual relationship. Sexual misconduct can be committed by men or by women, and it can occur between people of the same gender or different genders.

An individual found to have violated the Sexual Misconduct policy will be subject to disciplinary action. This policy also prohibits retaliation against individuals for submitting complaints of sexual misconduct, or for cooperating with investigations of these crimes.

The IIRP will take disciplinary action against persons who attempt such retaliation. Those accused of sexual assault or retaliation may also be prosecuted under applicable local, state, and federal laws.

Definitions

Rape is defined as forced sexual intercourse (vaginal, oral, or anal) that is perpetrated against the will of the victim. The assailant may be a stranger or an acquaintance. The type of force may include physical violence, coercion, or threat of harm to the complainant. Charges of rape also may be considered if the sexual offense involves penetration by a foreign object.

The legal definition of rape, according to the Pennsylvania Crimes Code, Section 3121, is as follows: “A person commits a felony of the first degree when he engages in sexual intercourse with another person . . . (1) by forcible compulsion; (2) by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution; (3) who is unconscious; (4) who is so mentally deranged or deficient that such person is incapable of consent.” The crime is punishable by a maximum penalty of 20 years’ imprisonment or fine of $25,000 or both.

Sexual Assault is defined as attempted rape, the unwanted removal of another’s clothing, indecent exposure, indecent contact (i.e., the unwanted touching of intimate parts of another’s body including, but not limited to, genitals, breasts, and buttocks), or causing another to have indecent contact with them.

Dating Violence refers to violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be 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.

Domestic Violence includes felony and misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, a person with whom the victim shares a child in common, a person who is or was residing in the same household as the victim, or any person against someone who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.

Consent is an informed, affirmative, knowing, unambiguous, and conscious decision by each participant to engage in mutually agreed-upon sexual activity. Consent is voluntary and must be given without coercion, force, threats, or intimidation. Consent means positive cooperation in the act or expression of intent to engage in the act pursuant to an exercise of free will. Even though consent does not necessarily need to be verbal, relying purely on non-verbal communication can lead to misunderstandings; a spoken agreement is the most clearly indicated form of consent. Consent may not, in any way, be inferred from silence, passivity, lack of resistance, or lack of an active response alone; assuming that consent is given by the absence of a “No” is wrong. Consent is revocable. Consent to some form of sexual activity does not imply consent to other forms of sexual activity. Consent to sexual activity on one occasion is not consent to engage in sexual activity on another occasion. A current or previous dating or sexual relationship, by itself, is not sufficient to constitute consent. Even in the context of a relationship, there must be mutual consent to engage in sexual activity. Consent must be ongoing throughout a sexual encounter and can be revoked at any time. Once consent is withdrawn, the sexual activity must stop immediately.

Consent cannot be given when a person is incapacitated. A person cannot consent if they are unconscious or coming in and out of consciousness. A person cannot consent if they are under the threat of violence, bodily injury, or other forms of coercion. A person cannot consent if their understanding of the act is affected by a physical or mental impairment. Consent must be given with rational and reasonable judgment, so if a person is physically incapacitated from the consumption of alcohol or drugs, unconsciousness, or any other kind of inability, consent cannot be obtained.

Reporting Violations of the Sexual Misconduct Policy

Students at the IIRP are encouraged to report any instance of a sexual offense to faculty or administration; employees should report offenses directly to the Associate Dean of Administration. If the complaint is against the Associate Dean of Administration, the report should be made to the President. Offenses to be reported include those perpetrated by students, faculty, staff, other members of the IIRP community, or non-members. Both men and women may be complainants of sexual offenses. Any person may file a complaint of sexual misconduct at any time. Early reporting is encouraged to preserve evidence and provide the victim with information regarding rights, options, and resources available under this policy and federal and state laws. Resources for assistance are provided in the Student Handbook and Catalog and the Organizational Manual.

If a person decides to make an official report to the IIRP, a detailed (typed, emailed, or handwritten) statement of the alleged incident(s) should be submitted to the Associate Dean of Administration. This formal statement should be signed and dated.

The statement should be as specific as possible, including dates, times, locations, a description of the alleged misconduct, the name(s) of the accused person(s), and a list of any person(s) who may have information that would be helpful to the investigation. A complainant may request assistance from an IIRP employee in preparing this statement. The Associate Dean of Administration will promptly investigate all formal reports.

In all cases the IIRP, its staff, faculty, and administration will respond quickly, respectfully, and with appropriate support for victims of rape, sexual assault, and other forms of sexual misconduct. Victims are encouraged to contact their local police department or support agencies for written information about their rights and options, including how to obtain a restraining order and other protective measures.

At the complainant’s request, the IIRP will also assist them in notifying the local police department, if a victim elects to report the crime. Victims are not required to report to area law enforcement in order to receive assistance from or pursue options within the IIRP. Reporting sexual misconduct to the police does not commit the victim to further legal action. However, the earlier an incident is reported, the easier it will be for the police to investigate if the victim does decide to proceed with criminal charges.

All IIRP instructors, staff, and administrators are categorized as Responsible Employees. Responsible Employees are required to immediately report any allegations of sexual misconduct to the Associate Dean of Administration. Any student or staff member who elects to share information about an incident of sexual misconduct to an IIRP staff or faculty member must understand that the information will be shared with the Associate Dean of Administration (or the President, if the complaint is against the Associate Dean of Administration).

If the complainant wishes to remain anonymous, every effort will be made to honor that request, as long as doing so does not compromise the integrity of the investigation process, as outlined below. The Institute will investigate sexual misconduct even without a formal complaint whenever it knows or has reasonable cause to believe that sexual misconduct in violation of this policy has occurred. All IIRP staff, faculty, and administration are expected to maintain confidentiality to the extent possible without compromising the integrity of an investigation.

Victims of sexual offenses always have the option to file a criminal report in addition to a report under this policy. In no case should a victim be dissuaded from reporting sexual misconduct to law enforcement. Regardless of whether a victim elects to file a criminal report, the Institute will conduct an investigation of its own consistent with this policy. Even if the accused is not affiliated with the IIRP, an investigation will be conducted. The Associate Dean of Administration may issue a No Contact order to an accused unless and until the accused is found not responsible. If the accused is a student or faculty from a visiting institution, the IIRP reserves the right to contact that institution for further investigation.

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) requires institutions to report “specified on-campus crimes that were reported to local police agencies or to any official of the institution with significant responsibility for student and campus activities.” At the IIRP, these officials are the President, the Associate Dean of Administration, and their designated staff. When an incident is reported to any of these individuals, they are required to complete a form describing the incident, though they are permitted to preserve the anonymity of the victim. If the victim agrees to have their name released or if they opt to press charges, information about the incident and the name of the victim will be shared with the local police department and the local office of the district attorney. If the victim does not wish to have their name released and chooses not to press charges, information about the incident will be shared with these agencies using the designation of Jane or John Doe. The incident also will be counted for statistical reporting purposes, as required by law.

Completed incident forms are maintained in the administrative offices and used for mandatory compilation of annual crime statistics. The Northampton County District Attorney (or the district attorney from another county, if appropriate) will be notified of any felonies alleged to have occurred involving IIRP students, faculty, or staff.

Process and Penalties

Sexual misconduct offenses are major violations of the Code of Conduct for students attending the IIRP, as well as for employees of the IIRP. Anyone charged with such an offense may be subject to IIRP disciplinary proceedings and possible sanctions. The choice of whether to pursue charges of a sexual offense within the confines of campus discipline parameters always resides with the complainant.

When offenses are adjudicated, complainant and alleged perpetrator are entitled to the same opportunities: to have others present during a campus disciplinary proceeding, to be informed of the outcome, and to appeal the findings.

No action of the IIRP shall be construed to limit a complainant’s right to initiate civil or criminal proceedings against the alleged perpetrator.

In keeping with the gravity of sexual misconduct offenses, sanctions considered in those cases brought before the IIRP will probably start at the level of suspension or expulsion.

The victim and the alleged perpetrator, consistent with the philosophy of restorative practices, may be offered the opportunity to participate in a restorative process before any decisions are made, except where this interferes with any criminal proceedings. This is especially appropriate if the offender has admitted the offense. Participation by either party is strictly voluntary. If either party refuses participation before a disciplinary decision, all parties will be informed of the decision when it is made and again offered the opportunity to participate in a restorative conference.

Investigation

A complaint of sexual misconduct will be investigated promptly and fairly. To the extent practicable, care will be taken to protect the identity of all parties to the complaint, consistent with a thorough and appropriate investigation.

Investigation will be completed as quickly as is practicable and will include private interviews with the person reporting the incident, any witnesses and the person alleged to have engaged in sexual misconduct. Should any individual responsible for any task related to the investigation process have a conflict of interest, that person will be replaced by a neutral party. It is vital for all parties to the investigation to refrain from discussing any and all aspects of it, on or off campus. If the investigation determines that sexual misconduct has occurred, the institution will act promptly to eliminate the offending conduct and impose corrective action where appropriate.

The person who filed the complaint and the person alleged to have committed the offense will be informed at the same time of the results of the investigation. However, the complainant may not be informed of the specifics of any disciplinary action imposed upon the perpetrator to the extent that this might invade his or her privacy.

False statements made by any party in connection with a complaint of sexual misconduct during an investigation will constitute the occasion for appropriate corrective action, up to and including termination of the person’s relationship with the institution.

Corrective Action

The person who filed the complaint and the person alleged to have committed the offense, consistent with the philosophy of restorative practices, will be offered the opportunity to participate in a restorative process before any decisions are made. This is especially appropriate if the offender has admitted to the offense. Participation by either party is strictly voluntary. If either party refuses participation before a decision, all parties will be informed of the decision when it is made and again offered the opportunity to participate in a restorative conference. Should the complainant or offender refuse, there may still be a restorative process for the benefit of either party and others affected by the offense.

If it is determined that sexual misconduct has been committed, corrective action may include suspension or expulsion and such other forms of corrective action as the institution deems appropriate.

Complainant’s Rights

Because of the physical and emotional trauma experienced by victims of sexual offenses, and because rape and sexual assault are intolerable acts, the following rights are afforded to the complainant:

• To report the rape or sexual assault to a primary provider of support.
• To have every effort made to provide confidentiality, except as set forth above with regard to anonymous reporting requirements, and as necessary to assure adequate care for the victim.
• To contact support agencies as appropriate.
• To have every effort made to provide freedom from intimidation or further harassment by the alleged perpetrator or others.
• To request a change of academic setting, subject to availability, while proceedings take place.
• To select a support person to accompany him or her through IIRP disciplinary processes. (The support person may not directly participate in the processes.)
• To protect against evidence of past sexual history, except as allowed by law.
• To remain present during any disciplinary proceedings.
• To be informed of the outcome of any such proceeding.
• To make up any academic work missed as a consequence of the trauma and the disciplinary or judicial proceedings.

Rights of the Alleged Perpetrator

Similarly, the following rights will be afforded to the alleged perpetrator in all IIRP procedures:

• To have every effort made to provide confidentiality, except in areas of the Higher Education Act of 1998, as amended, or any other state or federal regulation that allows or requires disclosure; to take into account concerns about confidentiality in light of Institute, state, or federal regulations that would allow or require disclosure.
• To have every effort made to provide freedom from intimidation or harassment.
• To request a change of academic setting, subject to availability, while proceedings take place.
• To select a support person to accompany him or her through IIRP disciplinary processes. (The support person may not directly participate in the processes.)
• To protect against evidence of past sexual history, except as allowed by law.
• To remain present during any disciplinary proceedings.
• To be informed of the outcome of any such proceeding.
• To make up any academic work missed as a consequence of the trauma and the disciplinary or judicial proceedings if it is determined that the alleged perpetrator was wrongfully accused.

This is a general statement of policy and no more. While this policy sets forth institutional goals of promoting a community free of sexual misconduct, it is not intended to limit the institution’s authority to discipline or take remedial action for conduct it deems unacceptable. It does not constitute a term or provision of any contract of employment or implied contract of employment between the IIRP and an individual employee, nor does it create contractual obligations on behalf of the institution to any person. Likewise, it does not constitute a guarantee of continued student status to any person or otherwise create any obligation on the part of the institution.