RGS prohibits the offenses of domestic violence, dating violence, sexual assault, and stalking (as defined by the Clery Act) and reaffirms its commitment to maintaining a campus environment that emphasizes the dignity and worth of all members of the RGS community. Toward that end, RGS issues this statement of policy to inform the campus community of our programs to address domestic violence, dating violence, sexual assault, or stalking, which will be followed regardless of whether the incident occurs on or off campus when it is reported to an RGS official.

Introduction

RGS is committed to a safe, ethical, values-centered campus culture that promotes respect for persons’ bodily integrity and the sacredness of human sexuality. In this way, our faculty and staff help our students to develop their minds and their characters. As a Muslim institution, RGS affirms the doctrine of the dignity of each person. As found in the notion of the “inherent dignity” (al- karamah al- muta’asilah, Qur’an 17:70 and 95:4) which is gifted by God to all humankind, never to be lost or taken away from a human regardless of his/her actions, religion, orientation, or status. In the tradition of all the prophets, we seek to help all community members recognize the paramount importance of treating each human being in a dignified and honorable way and of building a community. For this reason, mistreating or unfairly treating any human being is out of keeping with the Islamic concept of universal human dignity.

Discrimination based on any aspect of a person’s sex, commonly known as sex discrimination is a failure to honor the inherent dignity of every person. Thus, the term “sex discrimination” as used in this policy refers to every kind of discrimination based on sex including sexual harassment and gender-based harassment. It also includes sexual assault, dating violence, domestic violence, stalking, and any other conduct based on sex that creates a hostile campus environment. Members of the RGS community, guests, and visitors have the right to be free from all forms of sex discrimination, examples of which can include acts of sexual harassment, sexual assault, domestic violence, dating violence, and stalking. All community members are expected to conduct themselves in a way that does not infringe on others’ rights and respects the dignity of each person.

 RGS has zero tolerance for sex/gender-based misconduct. Zero tolerance means that when an allegation of misconduct is brought to the Dean of Students or the Human Resources Director, protective and other supportive measures will be used to reasonably ensure that such conduct ends, is not repeated, and the effects on the complainant and community are remedied including serious sanctions. RGS sex discrimination policy is not meant to inhibit or prohibit educational content or discussions inside or outside the classroom that includes controversial or sensitive subject matters protected by academic freedom.

 All members of the RGS community share responsibility for maintaining a safe and welcoming educational atmosphere on our campus. The existence of sex discrimination in any form and against anyone on our campus, or at an event sponsored by RGS, would threaten the safe environment that we work diligently to maintain. This prohibition applies to conduct by students, faculty, administrators, staff, and third parties (such as visitors and contractors on our campus).

Federal Clery Act Definitions of Domestic Violence, Dating Violence, Sexual Assault and Stalking

The Clery Act defines the crimes of domestic violence, dating violence, sexual assault and stalking as follows:

Domestic Violence: A felony or misdemeanor crime of violence committed.

1. By a current or former spouse or intimate partner of the victim.
2. By a person with whom the victim shares a child in common.
3. By a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner.
4. By a person similarly situated to the spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.
5. By anyone against an adult or youth victim protected from that person’s acts under the domestic or family violence laws of the jurisdiction where the crime occurred.
6. The purposes of complying with the requirements of this section and §668.41, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.

Dating Violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the people involved in the relationship. For the purposes of this definition—

1. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
2. Dating violence does not include acts covered under the definition of domestic violence.
3. For the purposes of complying with the requirements of this section and §668.41, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.

Sexual Assault:  An offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI’s Uniform Crime Reporting (UCR) program. Per the National Incident-Based Reporting System User Manual from the FBI UCR Program, a sex offense is “any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.”

1. Rape is defined as the penetration, no matter how slight, of the vagina or anus with anybody part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
2. Fondling is defined as the touching of the private parts of another person for the purposes of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.
3. Incest is defined as sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
4. Statutory Rape is defined as sexual intercourse with a person who is under the statutory age of consent.
5. Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to
   – fear for the person’s safety or the safety of others.
   – suffer substantial emotional distress. For the purposes of this definition—

• • A course of conduct means two or more acts, including, but not limited to, acts which the stalker directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about, a person, or interferes with a person’s property.
  • Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.
  • Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily require, medical or other professional treatment or counseling.
  • for the purposes of complying with the requirements of this section and section §668.41, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.

Jurisdictional Definitions of Domestic Violence, Dating Violence, Sexual Assault and Stalking Sexual Assault:

The state of Pennsylvania defines Sexual Assault as follows:

• Rape – Penetration, no matter how slight, of the vagina or anus with any body part or      object, or oral penetration by a sex organ of another person, without the consent of the victim.
• Statutory offenses (no force used by victim under the age of consent) are excluded.
• Sex offenses (except rape, prostitution, and commercialized vice) Statutory rape, offenses against chastity, common decency, morals, and the like. Attempts are included.
• Domestic Violence/Abuse: Pennsylvania law (PA 23 CSA §6102) defines domestic abuse as knowingly, intentionally, or recklessly causing bodily injury of any kind, causing fear of bodily injury of any kind, assault (sexual or not sexual), rape, sexually abusing minor children, or knowingly engaging in a repetitive conduct toward a certain person that puts them in fear of bodily injury. These acts can take place between family or household members, sexual partners, married couples or those who share biological parenthood to qualify as domestic abuse. Dating Violence:
• Dating Violence:  The state of Pennsylvania does not have a definition of dating violence.  However, note above, that the federal Clery Act does have a definition of dating violence; therefore, it is a federal crime.
• Stalking: Pennsylvania law (PA 18 CS § 2709.1) defines stalking when a person either
  • engages in a course of conduct or repeatedly commits acts toward another person, including following the person without proper authority, under circumstances which demonstrate either an intent to place such other person in reasonable fear of bodily injury or to cause substantial emotional distress to such other person; or
  • engages in a course of conduct or repeatedly communicates to another person under circumstances which demonstrate or communicate either an intent to place such other person in reasonable fear of bodily injury or to cause substantial emotional distress to such other person.
  • The State of Pennsylvania defines Consent as follows: a “voluntary, informed, and unambiguous agreement to engage in a specific sexual activity during a specific time frame.” This means that for a sexual act to be consensual, all parties involved must freely and willingly agree to participate, fully understanding the nature of the act and any potential risks involved. It is important to note that consent can be withdrawn at any time, and if a person communicates their desire to stop the sexual activity, continuing without consent may result in criminal charges.
  • Age of Consent and Statutory Rape in Pennsylvania, the age of consent is 16 years old, meaning that individuals under the age of 16 cannot legally consent to sexual activity. Engaging in sexual activity with a minor under the age of 16 can result in charges of statutory rape, even if the minor claims to have given consent. It is essential for defendants in these cases to understand the age of consent laws in Pennsylvania and work closely with their legal team to build a strong defense strategy.
  • The State of Pennsylvania defines Ineffective Consent as follows (PA 18 CS §311 (c): Unless otherwise provided by this title or by the law defining the offense, assent does not constitute consent if
    • it is given by a person who is legally incapacitated to authorize the conduct charged to constitute the offense.
    • it is given by a person who by reason of youth, mental disease or defect or intoxication is manifestly unable or known by the actor to be unable to make a reasonable judgment as to the nature or harmfulness of the conduct charged to constitute the offense.
    • it is given by a person whose improvident consent is sought to be prevented by the law defining the offense.
    • it is induced by force, duress or deception of a kind sought to be prevented by the law defining the offense. The state additionally provides descriptors commonly associated with consent as part of its full definition when describing the offense of Rape (PA 18 CS §3121).
    • Rape defined—A person commits a felony of the first degree when the person engages in sexual intercourse with a complainant
    • by forcible compulsion.
    • by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution.
    • who is unconscious or where the person knows that the complaint is unaware that sexual intercourse is occurring.
    • where the person has substantially impaired the complainant’s power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants, or other means for the purpose of preventing resistance.
    • who suffers from a mental disability which renders the complainant incapable of consent. Furthermore, under Clery and UCR (Uniform Crime Reporting) definitions, the Pennsylvania Crime Code sections relating to sexual assault (PA 18 CS § 3124.1), involuntary deviate sexual intercourse (PA 18 CS § 3123), and aggravated indecent assault (PA 18 CS § 3125), are considered rape for the purposes of Clery and PA UCR reporting.

Respect Graduate School Definition of Consent: RGS believes that all people deserve to have their basic human dignity and sexual sovereignty respected. Everyone has the right not to be acted upon sexually by someone else unless and until he or she gives clear, knowing, and voluntary consent.

Procedures Victims Should Follow if a Crime of Domestic Violence, Dating Violence, Sexual Assault and Stalking Occurs

After an incident of sexual assault, dating violence or domestic violence, the victim should consider seeking medical attention as soon as possible (see below for locations). The victim should get to a safe place as soon as possible. The victim should  contact someone they trust to be with them.

• If you are on campus, the Dean of Students or the Human Resources /Operations Director will contact the Bethlehem Police.
• If you are off campus, dial 911. You may also directly contact the closest police department for the area in which you are located. RGS is located within the jurisdiction of the Bethlehem Police Department (non-emergency number: 610.865.7187).
• Get medical attention as soon as possible: If you have a medical emergency, dial 911. You may also call the Human Resources/ Operations Director at 610.419.1751. .\ The Bethlehem Police will help you get the necessary medical services, including transportation to a medical facility.
• Try to preserve all physical evidence: Although sexual offenses often make reporting parties want to wash or get rid of anything that reminds them of the trauma, it is important to preserve evidence. Do not wash your body, brush your teeth, use mouthwash, change your clothing, change bed linens, or wash any of these items. Do not eat or drink anything. If you have been consuming alcohol, refrain from drinking further. Do not use tobacco products or any other drugs. Prompt reporting will assist police in collecting and preserving evidence. It is important to have the evidence collected because, although you may not want to pursue a criminal complaint, you may change your mind in the future. Prompt reporting to the police will also contribute to an immediate, thorough, and fair investigation. It is strongly recommended that you discuss with medical personnel and the police, preservation of your physical evidence during your first contact with them.
• Victims of sexual assault, domestic violence, stalking, and dating violence are encouraged to also preserve evidence by saving text messages, instant messages, social networking pages, other communication, and keeping pictures, logs or other copies of documents if they have any that would be useful to RGS officials/investigations or police.
• As time passes, evidence may dissipate or become lost or unavailable, thereby making investigation, possible prosecution, disciplinary proceedings, or obtaining protection from abuse orders related to the incident more difficult. If a victim chooses not to make a complaint regarding an incident, he or she nevertheless should consider speaking with law enforcement to preserve evidence in case the victim decides to report the incident to law enforcement at a later date to assist in proving the alleged criminal offense occurred or as evidence needed to obtain a legal protection order.
• For support and advice, talk with an advocate or counselor of your choosing. Consider obtaining professional assistance from a counselor at Crime Victims Council of Lehigh Valley (CVCLV) at their Hotline number: 610-437-661 or from a counselor at Turning Points of Lehigh Valley at their 24-Hour Helpline 610-437-3369; toll-free 877-438-4957. RGS has memoranda of understanding with these crisis centers and your personal  information will be kept confidential.

Medical Attention

The following is a list of local options for medical treatment and other services which you can pursue:

• Lehigh Valley Hospital Emergency Room, 1200 S Cedar Crest Boulevard, Allentown, PA 18103. 20
• Lehigh Valley Hospital Emergency Room, 1627 Chew Street, Allentown, PA 18102.
• Lehigh Valley Hospital (Muhlenberg) Emergency Room, 2545 Schererville Road, Bethlehem, PA 18017. (These three emergency rooms are part of Lehigh Valley Health Network which has Sexual Assault Forensic Examiners (SAFE) Nurses on call 24 hours a day.)

For medical treatment and evidence collection, report to any of these listed Lehigh Valley Health Network emergency departments.

• St. Luke’s Hospital, 810 Ostrum Street, Bethlehem, PA 18015. This hospital has a Sexual Assault Nurse Examiner (SANE) Program.

Reporting Sexual Assault, Domestic Violence, Dating Violence and/or Stalking to RGS

In the remainder of this policy statement, the term “complainant” refers to an individual who is alleged to be the victim of conduct that could constitute sex discrimination. Similarly, the term “respondent” refers to an individual who has been reported to be the perpetrator of conduct that could constitute sex discrimination. Both men and women may be the complainant or respondent parties.

RGS encourages all individuals to report any instance of sex discrimination involving any RGS student, staff, or faculty. If you have experienced or know of sex discrimination, RGS urges you to report it for the safety of all concerned.

You have these reporting options:

• Reporting to The Dean of Students or the Human Resources Director of RGS: If you believe that you experienced sex discrimination in the form of a sex crime that was committed on-campus, you may file a report with the Human Resources Director ([email protected]; 610.419.1751) or the Dean of Students ([email protected]; 610.419.1751).
• Reporting to the Bethlehem Police: You may also report sex discrimination in the form of a sex crime directly to the Bethlehem Police Department by dialing 911 for an emergency and by dialing 610.865.7187 for a non-emergency. In either case, the Bethlehem Police will decide if there should be a criminal investigation and prosecution.
• If a sex crime was committed off-campus and not in Bethlehem, contact the police department where the crime was committed.
• The Bethlehem Police Department can be reached directly by calling 610.865.7187 during normal business hours, or 911 during off hours or in emergency situations; also, reporting may be done in person at the Bethlehem Department located at 10 East Church St., Bethlehem, 18018.
• Although RGS strongly encourages all members of its community to report violations of this policy to law enforcement, it is the victim’s choice whether to make such a report.

Victims have the right to decline to notify law enforcement. However, the RGS Dean of Students Office (610.419.1751; [email protected]) located at 2200 Industrial Drive, 18017 Bethlehem, will assist any student victim with notifying law enforcement if the student so desires; and the Bethlehem Police Department and the Office of Human Resources ([email protected]; 610.419.1751) located in the main corridor of RGS will assist any employee victim with notifying law enforcement if the employee so desires.

Confidential Reporting: There is an option for individuals to confidentially report incidents reasonably believed to be in violation of this policy to a “Confidential Resource.” A “Confidential Resource” is an imam, chaplain, or professional counselor. They will not disclose any details of the report to anyone if the victim requests this. At RGS, if a person seeks assistance from our imam or from off- campus resources such as the Crime Victims Council of Lehigh Valley (CVCLV), the individuals consulted will honor the confidentiality of the person seeking assistance, unless there is an imminent danger to the reporting person or others. Sharing information with a Confidential Resource will not result in a report to RGS or investigatory or disciplinary action against a respondent. Statistical information about confidentially reported incidents may still be included in RGS’ annual Clery Act reporting, but such statistical information will not include any identifying information about any student, faculty, or staff member.

Reporting to a Responsible Employee:

If you have been the victim of domestic violence, dating violence, sexual assault, or stalking, you should report the incident promptly to the Dean of Students, by calling (610.419.1751), writing or  emailing ([email protected]) or coming into the office to report in person at 2200 Industrial Drive, Bethlehem 18017. You may, in addition, report to the Bethlehem Police Department, or other police department where the crime took place, if you wish to report it. Reports of all domestic violence, dating violence, sexual assault and stalking made to any RGS staff or faculty member will automatically be referred to the Dean of Students or the Human Resources Director for investigation, regardless of whether the complainant chooses to pursue criminal charges. RGS faculty and staff who are not listed above as Confidential Resources are considered responsible employees, which means they are obligated to report information received relating to violations of this policy to the Dean of Students or the Human Resources Director.

Any member of the RGS community who has experienced a violation of this policy and would like RGS to respond by offering supportive measures and/or investigating the incident should notify the Dean of Students  by going to the RGS website https://www.respectgs.us, Campus Life>Campus Safety and Security> Sex Discrimination/Sexual Violence Complaint Form. This form does not require your name if you wish to make an anonymous report. Alternatively, you may include your name and contact information.

To the extent possible, when sex discrimination is reported, RGS will respect a complainant’s request for confidentiality or request to withhold identifying information. However, the ability to honor such a request may be limited due to RGS’ obligation to protect everyone on campus through investigation and corrective action. Also, in a sex discrimination investigation and administrative disciplinary process, it may be necessary to share information with people, such as investigators, witnesses, and the alleged perpetrator-respondent, who need to know the accumulated information for a variety of legitimate reasons. If it becomes apparent to RGS that it cannot honor a request for confidentiality or to withhold identifying information, RGS will immediately inform the person who made the request. RGS will only notify a police department of discrimination in the form of a sex crime if the complainant gives permission to report the crime.

RGS may conduct an investigation and take necessary corrective action upon the reporting of a sex crime. Before proceeding with an investigation and administrative disciplinary proceeding against a respondent, however, RGS will always seek the informed consent of the complainant of sex discrimination. Reporting an incident is not the same as prosecuting a person. Even if an individual does not want to press charges, RGS encourages individuals to report the incident to law enforcement authorities. All Lehigh County criminal justice agencies are required to notify the District Attorney’s Office of any sexual offenses which are alleged to have occurred in the county.

Amnesty for Other Potential Policy Violations

At times, people are hesitant to report the occurrence of sex discrimination to institutional officials or other personnel because they are concerned that they themselves may be charged with other policy infractions, for example, alcohol or drug violations. While these other violations are not condoned, the importance of dealing with alleged sex discrimination outweighs RGS interest in addressing lesser violations. Accordingly, RGS will not pursue disciplinary action against those who make a sex discrimination complaint or who are named as witnesses to an incident.

Retaliation

A person who is contemplating or who has filed a sex discrimination report should not feel pressured in any respect by a third party. Retaliating directly or indirectly against a person who has in good faith made a report under this policy or participated in an investigation is prohibited. Retaliation includes but is not limited to ostracizing the person, pressuring the person to drop or not support the complaint or to provide false or misleading information, engaging in conduct that may reasonably be perceived to affect adversely that person’s educational, living, or work environment, threatening, intimidating or coercing the person, or otherwise discriminating against any person for exercising their rights or responsibilities under this policy. Such conduct will result in administrative disciplinary proceedings by RGS and, depending upon the circumstances, may even result in criminal proceedings. A reporting party or witness who is threatened in any way should immediately report this to the Dean of Students ([email protected]) or to the Human Resources/Operations Director ([email protected].

 Process to submit a “Formal Written Complaint.”

 A formal complaint is defined as a document filed by a alleging sex discrimination against a respondent and requesting that the school investigate the allegation. While there is no time limit for reporting a violation of this policy, the complainant and other reporting individuals are encouraged to report any violation as soon as possible in order to maximize RGS’ ability to respond and investigate promptly and effectively. When filing a formal complaint, a complainant must be participating in or attempting to participate in the education program or activity of RGS.

• Complete and sign the online “Incident Reporting Form/ Complaint of Sex Discrimination/Violence form ,”a sub-tab of the Campus Safety and Security tab under Campus Life at https://www.respectgs.us
• Send the formal complaint to the Dean of Students by mail or by email, or make an appointment to make an in-person complaint: Dean of Students, Colleen Keyes, Ph.D., [email protected], 2200 Industrial Drive, Bethlehem, PA 18017.

For additional policies and procedures related to complaints of any crime, sex discrimination, sexual harassment, or sexual violence, see the policies and procedures in the Campus Safety and Security Security report under Campus Life on the main navigation bar.