Student Handbook

Access to IIRP Facilities

Access to the IIRP facilities is restricted to students, employees, guests of the IIRP and of its members, and those attending designated public events.

AIDS and HIV

The IIRP recognizes the epidemic of Human Immunodeficiency Virus (HIV) infection at the global, national, and local levels. It is prudent, therefore, for the institute to adopt policies and practices that presume the possibility of HIV presence.

Specific safeguards are felt to be important for seropositive individuals. These safeguards, listed below, are built primarily around issues of confidentiality and non-discrimination.

• No student shall be denied enrollment and no individual shall be denied employment on the basis of HIV infection.
• Testing for seropositivity shall not be a requirement of admission or employment.
• Individuals who are seropositive, whether or not symptomatic, shall not be denied free and unrestricted access to all IIRP facilities, programs, and events.
• HIV infection shall not be used as a reason to restrict participation in any IIRP educational, recreational, or social activity.
• Any employee having questions regarding HIV infection and its relationship to employment or the workplace may address those questions to the Associate Dean of Administration. All such questions or concerns shall be kept strictly confidential.
• No individual shall be denied access to IIRP facilities nor otherwise isolated, restricted, or segregated on the basis of seropositivity.
• In accordance with the principle of confidentiality and current medical information, the IIRP has no obligation to inform co-workers, instructors, roommates, or others of anyone’s HIV status.
• Individuals with AIDS shall be accorded the legal status of having a handicapping condition.
• Media, or other persons outside the IIRP community seeking information regarding the status of HIV infection on campus or the institution’s response to such infection shall be directed to the President of the IIRP Graduate School or his or her designee.
• All students and employees of the IIRP shall utilize Universal Precautions when dealing with medical events.

The IIRP recognizes that, as information about AIDS is updated, periodic changes to its position and practices may be necessary.

Students and employees requiring information or assistance with regard to HIV/AIDS can contact these local agencies:

HOPE at St. Luke’s
502 East Fourth Street
Bethlehem, PA 18015

484-526-2062

100 North Third Street
2nd Floor Easton, PA 18042
484-503-8010

FACT (Fighting AIDS Continuously Together)
245 North 12th Street
Allentown, PA 18105
610-820-5519

Sexually Transmitted Disease and Tuberculosis Clinic at Bethlehem Health Bureau
10 East Church Street
Bethlehem, PA 18018
610-865-7083

Drug-Free Schools and Communities and Drug-Free Workplace

In support of the national strategy to combat illegal drug and alcohol abuse, Congress has enacted the Drug-Free Workplace and the Drug-Free Schools and Communities Act Amendments, which require that “…as a condition of receiving funds or any other form of financial assistance under any federal program, an institution of higher education or state/ local educational agency must certify that it has adopted and implemented a program to prevent the unlawful manufacture, possession, use, or distribution of illicit drugs and alcohol by students and employees.”

Standards of Conduct

The unlawful manufacture, possession, use, misuse, abuse, or distribution of drugs and alcohol on institutional property or off campus while conducting any officially sanctioned institutional activity by any student or employee of the institution is strictly prohibited. If found in violation of these standards, students and employees will be subject to disciplinary action and may incur penalties prescribed by civil authorities.

Faculty and staff, as a condition of employment, must abide by the terms of this policy and report any convictions under criminal drug statutes for violations occurring on or off the premises while conducting business for the institution within five days of the conviction.

For students, sanctions imposed by the institution for violations of the above conditions may range from probation up to and including expulsion and referral for prosecution. Sanctions for violation of any of the aforementioned standards imposed on employees may vary from mandatory participation in rehabilitation programs to termination of employment and referral for prosecution.

Counseling and Treatment

Students who abuse controlled substances or alcohol are encouraged to seek assistance and referral through Student Services. Employees who abuse controlled substances or alcohol are encouraged are to seek assistance through the office of the Associate Dean of Administration.

Many options are available in the Lehigh Valley and surrounding areas for employees and students in need of substance-abuse counseling. Some of these centers are noted below:

Intake and Referral
Northampton County Drug and Alcohol Intake Unit (610-997-5800)

Support Groups
Alcoholics Anonymous (610-882-0558)
Narcotics Anonymous (610-439-1998)

Residential Treatment
Caron Foundation, serves adolescents and adults (800-678-2332)
Livengrin Center (215-638-5200 or 800-245-4746)
Penn Foundation, adults only (215-257-9999 or 800-245-7366)
White Deer Run Lehigh (484-895-1486)

Outpatient Counseling
Treatment Trends Allentown (formerly Confront) (610-432-7690)
Livengrin Center (610-264-5521)
Penn Foundation (215-257-6551)
Mid-Atlantic Rehabilitation Services (610-419-3101)

This is only a partial listing of the services and programs available in the greater Lehigh Valley and surrounding areas. The appearance of a program or service on this list is not to be construed as the Institute’s endorsement of the identified agency.

Students or employees who do not reside in the Lehigh Valley can receive information and be referred to local agencies by calling SAMHSA (Substance Abuse and Mental Health Services Administration) (800-662-4357).

Emergency Notification

The IIRP has a system in place that notifies students and staff via a mass phone message in case of a significant campus emergency or dangerous situation. Notifications will be given unless doing so would jeopardize a law enforcement investigation or compromise the safety of the community.

The Office of the Associate Dean of Administration is responsible for this system, which is tested annually.

Emergency Phone Numbers

Harassment, Sexual Harassment and Stalking

The IIRP is committed to providing a campus community in which all individuals are treated with respect and dignity and that is free from all forms of discrimination and conduct that can be considered harassing, coercive, or disruptive. Gender discrimination and sexual harassment within the community is unlawful, as is harassment based upon race, color, religion, national origin, disability, age, or membership in any other protected group. It is also unlawful to retaliate against a member of the campus community for filing a complaint of harassment or other inappropriate conduct, or for cooperating in an investigation of harassment under this policy. Examples of retaliation include, but are not limited to, the accused or others making physical threats, engaging in verbal harassment, and sending intimidating messages – including electronic messages and phone messages.

The institution will not tolerate harassment of or retaliation against its employees, students, or any other members of the campus community by anyone, including other members of the community. Furthermore, the institution will also attempt to protect its community members from harassment by other individuals who may be encountered within the community, such as vendors, customers, service employees, etc.

Any person who feels they have been harassed or retaliated against as a result of a report under this policy should contact the Associate Dean of Administration immediately.

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.

The Associate Dean of Administration or their designee is responsible for overseeing the implementation of this policy in the case of administrators, support staff, and students. In the case of faculty, the President will provide oversight. 

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

In all cases the IIRP, its staff, faculty, and administration will respond quickly, respectfully, and with appropriate support for victims of harassment.

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.

Health and Emergency

The IIRP does not have an on-campus medical facility. First-aid kits are located in classrooms and offices. In the case of a student medical emergency, students will be taken to the nearest medical facility. St. Luke’s Hospital in Bethlehem is located within a mile of the IIRP campus. Emergency contact names, as provided by students and maintained in their student records, will be notified.

Mental Health and Human Services Resources

• 988 Suicide & Crisis Lifeline (988 – talk or text)
• National Alliance on Mental Illness (NAMI) (800-950-NAMI)
• Lehigh Valley Chapter of NAMI (610-252-9060 Northampton County, or 610-782-3127 Lehigh County)
• Veterans’ Crisis Line (988 then press 1, or text 838255)
• Northampton County Department of Human Services (610-829-6500)
• Lehigh County Department of Human Services (610-782-3000)
• Lehigh County Department of Veterans Affairs (610-782-3295)

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.

Safety Precautions

When walking:

• Stay in well-lit areas in the middle of the sidewalk.
• Avoid quiet side streets, alleys, entryways, parked cars, and bushes after dark.
• Walk with somebody or stay near other people whenever possible.
• Pay careful attention to your personal belongings.
• Students leaving the IIRP after dark are especially encouraged to walk in groups to cars. Students using the building during the evening hours should use the parking lot immediately adjacent to the building.

Security in the Building

In an emergency, call the police using 911 or press the “panic button” on the alarm system. All incidents that happen in the IIRP building should be reported to the IIRP staff on duty or as soon as possible. Emergency exit routes are posted throughout the building.

Sex Offender Registry and Access to Related Information

The federal Campus Sex Crimes Prevention Act went into effect on October 28, 2002.

The law requires institutions of higher education to issue a statement advising the campus community where state law enforcement agency information concerning registered sex offenders may be obtained. It also requires the sex offenders, already registered in a state, provide notice to each institution of higher education in that state, as to where the person is employed, carries on a vocation, or is a student.

Pennsylvania’s Megan’s Law, 42 Pa.C.S. 9799.1, requires the State Police to create and maintain a registry of persons who have either been convicted of, entered a plea of guilty to, or been adjudicated delinquent of certain sex offenses. Additionally, the Pennsylvania State Police are required to make certain information on registered sex offenders available to the public through an Internet website.

Information regarding registered sex offenders on the campus of the IIRP may be obtained from the State Police.

Sexual Misconduct

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 (800-545-4673) provides support and information and can refer callers to local agencies.
• 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 (866-785-8537)
  • Lehigh Valley Hospital/Muhlenberg (610-402-8000)

Services for victims of dating violence and domestic violence

• National Dating Abuse Helpline (866-331-9474)
• National Domestic Violence Hotline (800-799-7233)
• 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 Offenses

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.

Smoking Policy

Smoking is prohibited inside all IIRP buildings.

Student Right-to-Know and Campus Security Act

The Associate Dean of Administration is the official assigned responsibility for receiving and resolving complaints relative to Act 73 and the Federal Student Right-to-Know and the Crime Awareness and Campus Security Act of 1990. A complainant also may file a complaint with the Office of the Attorney General of the Commonwealth and shall be given the address of this office upon request to the Associate Dean of Administration.

The IIRP annual security report includes statistics for the previous three years concerning reported crimes that have occurred on campus; in certain off campus buildings or property owned and controlled by IIRP; and on public property within or immediately adjacent to and accessible from the campus. IIRP policies concerning the reporting of criminal offenses, use of drugs, alcohol, weapons, and access to facilities are published in the Student Handbook and Catalog and the Organizational Manual (for employees).

This report is distributed to all current students and employees through appropriate publications and the IIRP website. Applicants for admission or employment may request copies of the report from the office of the Associate Dean of Administration. Employees and students will be notified in a timely manner regarding crimes occurring at IIRP locations via email and on the IIRP website. Reportable crimes will be maintained in the Daily Crime Log and available for viewing within two business days of the incident. Forms for the reporting of crime can be found on our Safety and Security webpage.

The IIRP will comply with all relevant requirements of the Student Right to Know Act. Enrolled or prospective students may obtain information on graduation rates through the office of the Associate Dean of Administration, appropriate publications and the IIRP website.