SEXUAL BEHAVIOR &
HARASSMENT POLICIES
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MESSIAH COLLEGE
2016-2017
SEXUALITY AND RELATIONSHIPS POLICY
Messiah College’s foundational documents articulate the institution’s
mission and identity as a Christian college. Because of that mission, we
hold to beliefs and practices that are rooted in our understanding of
scriptural teaching and the historic teaching of the Christian church, both
broadly and of our founding denomination (Brethren in Christ)
specifically. Therefore, we affirm Christian marriage to be the union of
one man and one woman and that human sexuality should be understood
within this framework. Because of this affirmation, premarital and extra
marital intercourse and forms of same-sex sexual expression fall outside
of God’s design for sexual expression. As we embrace these theological
truths that are foundational to our understanding of the gift of sexuality,
we also recognize that applying these truths to a specific set of behavioral
expectations for our community is challenging, but necessary.
SEXUAL BEHAVIOR EXPECTATIONS
It is expected that married students will honor their marriage vows by
remaining faithful to their spouse.
While it may be appropriate for committed male/female couples to hold
hands and even kiss, care should be given to avoid more intimate
behaviors such as heavy making out or oral sex. Any intimate sexual
behavior that would put individuals on a path toward intercourse should
be avoided, rather preserving that for marriage. In this vein, it is never
appropriate to ‘hook up’ or practice promiscuous sex.
Students who experience same sex attraction or identify as gay or lesbian
are expected to refrain from “same sex sexual expression” as it is
embodied in culturally contextual practices (e.g., identifying as a couple or
exhibiting expressions of physical intimacy).
Students are also expected to refrain from the using and/or distributing
pornographic material. The College desires and is prepared to help
students who are struggling with pornography. Students in need of help
should contact the Engle Center for Counseling and Health or College
Ministries for confidential assistance and support.
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Students who are victims of sexual abuse are encouraged to seek help
from a counselor or other appropriate person. If someone at the College
has been the abuser, the College would like your assistance in dealing
appropriately with that person (see Messiah College Title IX website at
www.messiah.edu/title_IX_policy)
Students who are finding it difficult to uphold the sexual behavior
expectations or who have follow up questions concerning the sexuality
and relationships policy and sexual behavior expectations are encouraged
to speak with the Vice Provost/Dean of Students, College Pastor, Director
of Counseling, Associate Dean of Students, Director of Residence Life,
Residence Director or other educators within the Student Affairs Division.
AMOROUS RELATIONSHIPS BETWEEN
STUDENTS AND EMPLOYEES
Amorous relationships between employees and students are prohibited.
An exception to this policy may be an existing amorous relationship which
predates an employee’s or student’s affiliation with the College. When
Human Resources is informed of a failure to abide by this policy, such
failure will be cause for disciplinary action, which may include
termination of employment.
PREGNANCY
When an unmarried student becomes pregnant, the College seeks to
respond redemptively. Both the father and the mother of the child are to
be treated equally and both are encouraged to remain in school. Proper
medical care is considered essential, as are appropriate emotional and
spiritual support. Students who are dealing with a pregnancy are
encouraged to discuss the pregnancy with a counselor or other
appropriate person. Responsible decisions for the care of all parties
involved are encouraged and supported.
SEXUAL MISCONDUCT & INTERPERSONAL
VIOLENCE
Messiah College does not tolerate sex discrimination, including
harassment, stalking, sexual misconduct or sexual violence in any form.
These behaviors are demeaning and interfere with the rights of others to
pursue their education in an atmosphere that is safe and respectful. Overt
acts of harassment and assault, any sexual contact without consent and
any gender-based violence are strictly prohibited. In addition to
SEXUAL BEHAVIOR & HARASSMENT POLICIES 39
upholding these community values, Messiah College complies with Title
IX of the Education Amendments of 1972.
Examples of violent and unacceptable behavior include, but are not
limited to:

sexual contact without consent

sexual contact while a person is incapacitated

sexual exploitation of another person, such as posting sexual
pictures on social media

coercion for sexual contact

stalking

threatening or intimidating a person for sexual contact
Students who believe they have experienced nonconsensual sexual
harassment, sexual assault or other forms of sexual violence are
encouraged to report the incident immediately. Messiah College seeks to
provide a consistent, caring, and timely response.
Information on our policy, protocol, reporting, confidentiality, student
care, victim’s rights, on and off campus resources, and education and
support can be found on the Messiah College Title IX website at
www.messiah.edu/title_IX_policy.
STUDENT HARASSMENT POLICY AND
PROCEDURE
As an expression of our Christian values, Messiah College is committed to
creating an atmosphere of dignity and respect free from any harassment,
whether sexual, racial or otherwise including harassment based upon
ability/disability. It is also the College’s responsibility to uphold existing
laws regarding a learning, living, and working environment free from
harassment. Such harassment in any manner or form by anyone in the
College community is expressly prohibited. This includes harassment of or
by individuals not directly affiliated with the College, e.g. contractors,
vendors, visitors. This policy also applies to harassment off-site or after
normal business hours in College related settings. These include but are
not limited to academic placement (practicums, internships, etc.) field
trips, athletic events, conferences, and College related social events.
Furthermore, all employees and all students are responsible for
maintaining an environment free of harassment. Individuals who believe
that they have been subjected to or witnessed harassment should bring
the matter to Residence Life Staff (RD, RA), Department of Safety, Vice
Provost/Dean of Students, or the Associate Dean of Students. The
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authorization of, cover-up or participation in any act of harassment of any
kind is strictly forbidden. Failure to abide by this policy shall be cause for
disciplinary action which may include suspension of enrollment.
The College will take seriously any adverse action taken against
an individual for reporting an incident of discrimination or
harassment. Retaliation against an individual who complains of
discriminatory harassment under this policy, is strictly prohibited and will
be dealt with immediately. There will be no adverse action against any
individual for reporting what he/she believes is an incident of harassment,
or for participating in or cooperating with an investigation of an alleged
incident. The College’s commitment to address complaints related to
discrimination and/or harassment should not be viewed as license for
individuals to engage in unfounded, frivolous or vindictive actions that are
not made in “good faith.” Such behavior is a violation of the intent of this
policy.
Forms of Harassment
Harassment generally takes one of two forms: "quid pro quo" harassment,
in which the harasser makes sexual favors or tolerance of unwelcome
behavior a condition of the victim’s success in some way; or "hostile
environment" harassment, in which the overtly sexual nature or
derogatory nature of conversations, pictures, humor and/or activities
taking place in an academic work environment makes it difficult for
students and employees to concentrate on their work/studies. Often, the
hostile environment means that the victim feels uncomfortable,
unwelcome, intimidated, or afraid to speak or choose freely. Unwanted,
offensive and/or culturally insensitive conduct, language, or images may
not be directed at a specific individual; nevertheless they may create an
atmosphere that is intimidating or offensive to an individual. It is
important to note that harassment may take place in an academic,
residential, or work setting.
Examples of behavior that may constitute either "quid pro quo" or "hostile
environment" are listed below. The list below provides only some
examples and does not illustrate all types of harassment.
• unnecessary brushes or touches
• offensive graffiti and obscene gestures
• display of offensive, demeaning images
• use of insults or slurs or language meant to stigmatize another
based on sexual orientation, race, religion, ethnicity, gender, age,
disability, marital status, amnesty, or status as a veteran
• making use of insulting or “fighting” words or non-verbal symbols.
In the context of harassment, insulting or “fighting” words or nonSEXUAL BEHAVIOR & HARASSMENT POLICIES 41
•
•
•
•
•
•
•
•
•
verbal symbols are those “which by their very utterance inflict
injury or tend to incite to an immediate breach of the peace,” and
which are commonly understood to convey direct and visceral
hatred or contempt for human beings on the basis of their personal
characteristics
aggressive or hostile behavior or taunts
cyber harassment: when digital media, including instant
messaging, blogs, websites, emails, chat rooms, and cell phones are
used to threaten and/or humiliate
physical aggression or intimidation, including subtle contact such
as pinching and patting
sexual innuendos or persistent use of sexually suggestive or
racially-charged language that another person finds offensive,
demeaning, or otherwise inappropriate
verbal harassment disguised as humor (e.g., crude or ethnic jokes)
sexist or suggestive remarks about a person's clothing, body, or
sexual activities
any type of violence or sexual violence (see Messiah College Title IX
website at www.messiah.edu/title_IX_policy)
conditioning an educational or employment decision or benefit on
submission to sexual conduct or tolerance of racially/ethnically
motivated discrimination
pranks based on disparaging remarks about one’s sexual
orientation, race, religion, ethnicity, gender, age, disability, marital
status, amnesty, or status as a veteran
Intent and Effect
Harassment is unwelcome behavior that is either intended to harass or
has the effect of harassing by abusing the dignity of an individual or
creating an intimidating, offensive, or coercive environment. Behavior
that was not intended to be harassing can be perceived as
harassing.
Power
Harassment most often occurs between people of unequal power: when
such a power differential exists (e.g., such as a physically larger person
over a smaller one, a supervisor over a subordinate employee, a faculty
member over a student), the victim is not in a position to freely object,
resist, or give fully free consent. However, harassment can also occur
where no formal power differential exists, if the behavior is unwanted by,
or offensive to, the victim.
Educational Activities
In order to cultivate a creative learning environment, Messiah College
encourages free inquiry and expression within the bounds of our Christian
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commitments. Members of the community have the right to hold and
defend a variety of viewpoints within an educational setting. For
educational purposes required readings(s), educational activities (videos,
projects, discussions, etc.), music, drama or art may include historical
information that portrays groups or individuals in a pejorative fashion.
Educators carry responsibility for directing these activities with care and
sensitivity.
Same-Sex Harassment
Both males and females are protected by law from sexual harassment.
Moreover, the law prohibits sexual harassment regardless of the sex of the
harasser; i.e., even if the harasser and the person being harassed are
members of the same sex.
GRIEVANCE RESOLUTION
The College will respond promptly to reported incidents of harassment.
Once made aware of a grievance, Messiah College is committed to
addressing and establishing a resolution.
HARASSMENT REPORTING
Students are encouraged to begin the process by talking with an employee
with whom they feel comfortable. This could include a Residence Director,
Coach, Faculty Member, Director of Multicultural Programs, Assistant
Director of International Student Programs, Director of Student
Involvement and Leadership Programs, Vice President for Human
Resources and Compliance, College Ministries, Work Study supervisor,
Director of Safety, Associate Dean of Students and the Vice Provost/Dean
of Students. Reports may also be submitted via the Harassment Incident
Reporting
Form
found
on
the
web
at
www.messiah.edu/harassment_reporting_form. The completed form
should be submitted to the Associate Dean of Students. Students do have
the option of remaining anonymous; however that does minimize the
investigation and the subsequent outcomes. Students should be aware
that all employees, with the exception of pastors and counselors, who are
notified about a possible harassment incident are expected to report it to
the Associate Dean of Students.
Any form of harassment that includes sexual harassment, misconduct,
assault or violence will be dealt with through the Title IX protocols found
here: (www.messiah.edu/title_ix_policy.
SEXUAL BEHAVIOR & HARASSMENT POLICIES 43
GRIEVANCE PROCEDURES
Once a report has been received, the Associate Dean of Students will
review the report and will determine if a full investigation is warranted.
Many disputes and complaints can be settled in conversation between the
people involved and may not require a formal process. An informal
process exists in our grievance procedure to quickly address situations
that have not become escalated. When filing a grievance related to sexual
harassment, the complainant is not required to have a conversation with
the respondent even if the matter is processed informally. Every
complainant has the right to skip the informal process and move directly
to a formal complaint. Some complaints are considered egregious or
require a greater level of investigation and are referred to the formal
resolution process immediately. The Associate Dean will provide direction
on which resolution process to use; formal or informal (see below).
Incidents of sexual misconduct, sexual assault and rape are not typically
processed through an informal process and there is no expectation that
the victim meet with or “work things out” with the respondent. A victim
wishing to use an informal process needs to advise the Associate Dean of
Students when reporting the incident. The Associate Dean of Students
may consult with appropriate resources related to the situation such as
the Special Assistant to the President and Provost for Diversity Affairs, or
the Director of Disability Services.
INFORMAL RESOLUTION PROCESS
1.
2.
3.
The Associate Dean of Students or designee will determine and
schedule the appropriate meetings to discuss the allegation.
Normally, he will meet separately with the complainant and the
alleged harasser; consult with other advisors as needed and
determine outcomes based on these discussions.
If the resolution is agreed to by both the complainant and the
alleged harasser, the Associate Dean of Students will follow up to
ensure that the outcomes are met.
If the outcomes are not accepted by one or both of the parties,
the resolution process will move to the formal process phase.
FORMAL RESOLUTION PROCESS FOR UNRESOLVED OR
EGREGIOUS ISSUES
1.
44
The complainant will file a formal complaint with the Associate
Dean of Students. The complainant will provide sufficient details
so as to allow the Associate Dean to determine if the harassment
policies have been violated. The complainant needs to provide a
grievance statement, background information, and the requested
MESSIAH COLLEGE
resolution. The link to the Harassment Incident Reporting Form
is found here: www.messiah.edu/harassment_reporting_form.
2.
The Associate Dean of Students will conduct a formal
investigation into the complaint. The Vice President of Human
Resources and Compliance / Title IX Coordinator will also be a
participant if an employee is involved in the complaint. The
Associate Dean of Students may partner with specific resources
such as the Special Assistant to the President and Provost for
Diversity Affairs, or the Director of Disability Services if
warranted. A determination will be rendered in writing with
recommendations for resolution.
a.
b.
3.
The investigation may include interviewing individuals other
than the complainant and the respondent. Discretion in how
information is handled is paramount throughout the
process. Every reasonable effort will be made to protect the
privacy of all parties. However, strict confidentiality cannot
be guaranteed due to the necessity for investigation and factfinding. Beyond that, any individual who wrongfully
discusses or discloses confidential information will be
subject to disciplinary action.
Should any individual refuse or fail to cooperate fully with
an investigation, he or she may be subject to disciplinary
action, which may include suspension of enrollment.
The Associate Dean of Students is responsible for the following:
a. Meeting with both parties, including providing the
respondent(s) with a copy of the complaint.
b. Establishing an appropriate timeline for processing the
grievance.
c. Meeting with resource representatives.
d. Organizing and implementing an appropriate investigation.
Please note: Those who conduct the investigation should be
without a conflict of interest and anyone with a conflict of
interest will be removed from the investigation.
e. Interviewing persons believed to have relevant information.
f. Reviewing findings with the Vice Provost / Dean of Students
and resource representatives.
g. Rendering
a
written
decision
and
resolution
recommendation.
h. Closing and retaining the confidential investigation file.
SEXUAL BEHAVIOR & HARASSMENT POLICIES 45
4.
During this process, the Associate Dean of Students will advise
both the complainant and the respondent that they may request
to have a support person present.
5.
Determination of responsibility will be made based on a
preponderance of the credible evidence (defined as whether it is
more likely than not that the respondent is responsible for the
alleged violation.)
6.
The written decision by the Associate Dean of Students will
reflect either a determination that the allegations were
unwarranted or the terms of the prescribed resolution including
any disciplinary action as deemed appropriate. The appropriate
action will depend on the following factors: (a) the severity,
frequency and pervasiveness of the conduct; (b) prior complaints
made by the complainant; (c) prior complaints made against the
respondent; (d) the quality of the evidence (firsthand knowledge,
credible corroboration etc.). If the investigation is inconclusive
or it is determined that there has been no harassment or
discrimination in violation of this policy, but some potentially
problematic conduct is revealed, preventative action may be
taken. Copies of the decision will be sent to both parties and their
Residence Directors and the Vice Provost/ Dean of Students.
Absent a procedural error or new evidence, the determination of
responsibility cannot be overturned.
GRIEVANCE APPEAL PROCESS
If either the complainant or the respondent is not satisfied with the
outcomes, has produced new evidence, or believes a procedural error has
occurred, he/she may prepare a written summary of appeal and request a
Review Board review and hearing. This request must be made through
the Associate Dean of Students within 5 business days of the date of the
written decision. One or more of the following appeal criteria must be
cited in order for the appeal to be considered:
1.
2.
3.
A procedural error or irregularity materially affected the
decision of the Associate Dean of Students
Previously unavailable evidence is produced
The outcomes issued are too severe or too lenient in relation
to the violation
The Associate Dean of Students will confirm receipt of the appeal request
within 5 business days. The complainant and respondent will be notified
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at that time that an appeal has been received. The Associate Dean will
convene the Review Board and schedule a review (which may include a
review of the written summary of the problem, interviews with the people
involved, and further investigation if necessary), and hearing. The date,
time, and location of the hearing will be communicated to both parties.
The Review Board will inform the individuals involved of its decision
concerning the appeal and any recommendations within 7 business days
of the conclusion of the deliberative process. The decision of the Review
Board will be final. Copies of the decision will be shared with both parties,
their Residence Directors, and the Vice Provost/Dean of Students.
MESSIAH COLLEGE ANTI-HAZING STATEMENT
Messiah College and Pennsylvania Law prohibit hazing in any form.
Hazing is any activity expected of someone joining a student organization,
athletic team, or residence life group (or to maintain full status in a group,
etc.) that humiliates, degrades, or risks emotional and/or physical harm,
regardless of the person's willingness to participate. The term shall
include, but is not limited to, any brutality of a physical nature, exposure
to the elements, and forced consumption of any food, liquor, drug or other
substance, or any other forced physical activity that could adversely affect
the physical health and safety of the individual. It also includes any
activity that subjects the individual to extreme mental stress, such as sleep
deprivation, forced exclusion from social contact, forced conduct that
could result in extreme embarrassment, or any other forced activity that
could adversely affect the mental health or dignity of the individual, or
any willful destruction or removal of public or private property.
All initiation activities are subject to the approval of the Director of
Student Involvement and Leadership Programs (student organizations),
the Director of Athletics (intercollegiate teams) or the Director of
Residence Life (residence life groups). This regulation governs on and offcampus initiation activities including privately owned facilities and/or
property. Student organizations, athletic teams and residence life groups
are responsible for any activity in violation of this policy by any individual
or group affiliated with the organization, unless it is proven that the group
or individual activity was independent of, and occurred without the
knowledge or consent of, the recognized organization, team, or residence
life group. Such responsibility will apply equally to situations in which one
or more members knew or should have known of the activity and failed to
SEXUAL BEHAVIOR & HARASSMENT POLICIES 47
make every reasonable attempt to prevent or stop it. Consent of those
hazed will not be accepted as a defense for hazing activities.
The Associate Dean of Students in accordance with Messiah College
Student Disciplinary Procedures will conduct administrative hearings of
alleged violations of this policy. Violations of this policy may result in
sanctions for the students involved as well as the entire student
organization, athletic team, or residence life group. The severity of the
sanctions for a hazing offense will be determined in proportion to the
hazing activity. In addition to Messiah College's Anti-Hazing Policy,
student organizations, athletic teams, residence life groups and/or
individuals may be held responsible for criminal misconduct in violation
of the Pennsylvania Anti-Hazing Law, a third-degree misdemeanor
punishable by up to a year’s imprisonment.
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