Pentecostal Theological Seminary Sexual Harassment Policy
PTS Sexual Harassment and Sex-Based Discrimination Policy Statement
PTS is committed to providing a safe and wholesome educational and work environment in which no member of the Seminary community is, on the basis of sex, excluded from involvement in, denied the benefits of, or subjected to discrimination in any Seminary program or activity. Sex- based discrimination and sexual harassment, including sexual violence, are forms of discrimination that violate the dignity due all individuals and deny or limit an individual’s ability to participate in or benefit from Seminary programs or activities. Those who violate the Seminary’s harassment and discrimination policies are subject to disciplinary actions. The Seminary reserves the right to uphold policies based upon biblical standards in all areas of campus life.
It is the policy of the Seminary to encourage reporting of sexual or discriminatory incidents; to prevent incidents of sexual harassment; to make available appropriate services for those who have been affected by discrimination; and to provide rapid and fair methods of investigation and resolution to stop discrimination, rectify any harm, and prevent its recurrence. Violations of this Policy may result in the implementation of actions up to, and including, termination, dismissal, or discharge, as determined by the appropriate officials at the Seminary.
Retaliation against an individual for raising a claim of discrimination or sexual harassment, for aiding in an investigation of such a complaint, and/or for opposing such practices is prohibited. Submitting a complaint that is not in good faith or providing false or misleading information in any investigation of complaints is also prohibited.
This Policy is designed to create a safe and non-discriminatory educational and work environment and to meet legal requirements, including, but not limited to: Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in the Seminary’s programs or activities; and relevant sections of the Violence Against Women Reauthorization Act; and Title VII of the Civil Rights Act of 1964, which prohibits discrimination on the basis of sex in employment.
Title IX Complaint Form Link: https://forms.gle/UqobKf8vz6BtSqtb8
Sex Discrimination
Treating an individual differently because of the individual’s sex in the terms and conditions of educational programs, activities, and/or employment.
Sexual Harassment
Sexual Harassment is defined as unwelcome conduct of a sexual nature, including, but not limited to, uninvited and unwelcome sex-based verbal or physical conduct that is sufficiently severe, persistent, or pervasive so as to have the purpose or effect of creating an intimidating, hostile, or offensive environment for employees and/or students. The harassment may be verbal or physical conduct of a sexual nature (such as sexual advances or requests for sexual favors) and sufficiently serious that it unreasonably interferes with or limits an individual’s ability to participate in or benefit from the Seminary’s educational programs, activities, and/or employment. Sexual harassment may be based on a power disparity, the creation of a hostile environment, and/or retaliation.
Sexual harassment can take many forms, occur in a variety of circumstances, and may be directed at an individual or group of individuals.
Examples of sexual harassment include, but are not limited to:
Further, verbal expression or physical conduct need not be overtly sexual in order to constitute sexual harassment. Additional examples of sexually harassing behaviors include, but are not limited to:
Hostile Learning and/or Work Environment
A situation may constitute a hostile learning and/or work environment if, among other things:
Sexual Assault
Sexual assault includes but is not limited to nonconsensual sexual intercourse and/or nonconsensual sexual contact, such as sexual touching and fondling. This includes but is not limited to the touching of an unwilling individual’s intimate parts (defined as genitalia, groin, breast, buttock, or clothing covering them) or forcing an unwilling individual to touch another person’s intimate parts.
Domestic Violence
Domestic violence includes violent offenses committed by an individual’s current or former spouse, current or former cohabitant, person similarly situated under domestic or family violence law, or anyone else protected under applicable domestic or family violence law.
Dating Violence
Dating violence refers to violence by a person who is or has been in a romantic or intimate relationship with the victim. Proof of such a relationship will be determined by its length, type, and frequency of interaction.
Sexual Exploitation
Sexual exploitation refers to taking advantage of the sexuality and attractiveness of an individual in order to obtain personal gain or profit. It includes the maltreatment of a position of vulnerability, differential power, or trust for sexual reasons.
Stalking
Stalking means a type of conduct directed at a specific individual that would cause a reasonable person to fear for her, his, or others' safety, or to suffer significant psychological and/or emotional distress.
Retaliation
Retaliation occurs in situations, including but not limited to when a school employee, representative, and/or agent intimidates, pressures, coerces, or in any way discriminates against an individual who has reported a possible violation of a federal civil right in good faith. This includes formal or informal reports of a violation and reports regarding a violation of the individual’s rights or the rights of someone else.
There are various forms of school conduct that could be considered retaliatory if they occur in response to an individual’s report. Some examples could include, but are not limited to:
For such actions to qualify as retaliation, they must be related to a civil rights violation report that has been brought to the school’s attention.
Title IX Procedures
Reporting Activity that Violates Title IX Policies
Employees, students, and third parties should report incidents of discrimination, harassment, sexual harassment, sexual misconduct, domestic violence, stalking, and/or retaliation to the Title IX Coordinator as quickly as possible. The Title IX Office will provide the means for reporting these violations as described below.
If there is any imminent danger to person or property, please first call 911 and report the incident to the police department.
Reporting Prohibited Conduct
Reports of prohibited conduct as described in the previous section may be made by submitting them to Karen Holley (Title IX Coordinator) at kholley@ptseminary.edu, via phone at (423) 478-7973, or by submitting a complaint form via the electronic link provided below. The reporting party will receive a response acknowledging receipt of his/her report within three (3) business days of submitting a report.https://forms.gle/UqobKf8vz6BtSqtb8
Privacy and Confidentiality when Submitting a Report
All activities related to the review and administration of a report will be conducted with due regard for the privacy and reputational interests of those involved. While the Seminary will take all reasonable steps to protect anonymity and confidentiality, it cannot, and does not, guarantee that all reports and the details thereof will be kept completely confidential. Accordingly, while the information shared as part of the reporting, review, and administration process will be treated as confidentially as possible, the Title IX Coordinator and other PTS officials involved in Title IX proceedings, may, at times, need to consult with other administrators and could, at times, also need to act in the interest of safety.
It is typically expected, however, that the materials and information prepared or acquired under these procedures will be shared only with those who have a legitimate need to know such information. Disclosure of such information may also be made if it is permitted by law and the PTS Title IX officials determine in their judgment that (1) such disclosure is necessary to protect the health, safety, or well-being of members of the PTS community or (2) such disclosure advances the interests of those involved in the process and outweighs the interest in confidentiality.
According to the Office of Civil Rights of the Department of Education, when reporting sexual harassment, discrimination, or sexual assault, the Seminary cannot omit personally identifiable information (the name of the victim, the name of the accused individual, and other identifying details about witnesses, location, etc.).
Upon receipt of a report, the Title IX Coordinator will reach out to the Complainant (the person the report involves from the standpoint of experiencing discrimination, harassment, sexual harassment, sexual misconduct, domestic violence, stalking, and/or retaliation) to conduct an Intake Interview. Campus officials may need additional information in order to fulfill the Seminary’s required review responsibilities under Title IX. In taking these follow-up actions, PTS will be guided by the goals of protecting the Complainant and allowing that individual to retain as much control over the process as possible in light of the Seminary’s responsibilities to all involved.
Filing with Law Enforcement
Any Complainant has the right to report, and the right to refuse to report, an incident to local law enforcement if the incident is potentially criminal in nature. PTS’s responsibility to respond to a report will not change depending upon whether or not the matter has been reported to law enforcement, but it could briefly delay the timing of an investigation if a law enforcement agency requests that the Seminary delay its process for a reasonable amount of time to allow it to gather evidence of criminal conduct. If requested, the Seminary will provide a Complainant with assistance in filing a report with law enforcement.
Addressing the Report
After a report of harassment or discrimination has been made, the next step in the process is reviewing or addressing the report. PTS will actively respond to any report of sexual discrimination or sexual harassment in accordance with PTS policy. The Seminary offers options for those seeking a resolution. These include the Informal and Formal Resolution Processes. The various aspects involved in addressing a report include the Intake Interview, discussions regarding the role of an advisor and/or support person, requests for confidentiality or no further action, interim supportive measures, and notice to the accused individual (the “Respondent”) once a complaint is made.
(1) Intake Interview
The Intake Interview is the first phase of addressing a report. The PTS Title IX Coordinator typically will conduct the initial meeting or Intake Interview. However, if the Title IX Coordinator is unavailable or there is a conflict of interest, an alternative, trained PTS official (“Co- coordinator”) will be designated. The Complainant may be accompanied by an advisor and/or a support person. During the meeting, the Complainant should be ready to discuss the circumstances upon which the report is based. The Title IX Coordinator or Co-coordinator will discuss certain items, which include, but are not limited to, the nature of the incident(s), the date(s) of the conduct at issue, the location at which the incident(s) occurred, and other general information needed to determine whether the information presented, if true, would be a violation of Title IX. The names of others who may have information regarding the incident(s) may also be requested at some point in the review process. During the Intake Interview, the Complainant will receive information regarding their rights, resources, and options, and may discuss potential interim remedial or protective measures as applicable. If the Complainant indicates that he or she desires to move forward with an investigation, the Complainant will sign the complaint form. If the Complainant does not want to proceed at that point, the Complainant will inform the Title IX Coordinator, who will then have the option, but will not be required, to pursue a complaint individually. In the event
the Title IX Coordinator decides not to individually pursue a complaint, the matter will be closed. If the Complainant wishes to proceed, however, the Complainant will then sign the complaint form, and the Title IX Coordinator will, within three (3) business days, notify the Respondent of the complaint and begin the complaint investigation process.
(2) Advisors and Support Persons
Discussing the availability and role of potential advisors or support persons is the second aspect involved in addressing a complaint. Although a Co-Coordinator will be available to assist the Complainant and Respondent in navigating this Policy, the Co-Coordinator remains neutral in relation to the complaint. To provide additional guidance and support, both Complainants and Respondents may have up to two (2) persons (one advisor and one support person) of their choosing accompany them to any meeting, interview, or proceeding related to the Informal or Formal Resolution process. This includes the initial Intake Interview as noted above. Neither the advisor nor the support person can also be a witness in the same matter. Attorneys also may not serve in this role, as this is a non-adversarial, fact-finding process. An exception to this will be made if the conduct at issue is potentially criminal in nature. In no event are advisors or support persons permitted to ask questions or otherwise intervene or interfere with the investigation process. In the event the conduct at issue is potentially criminal in nature, the Respondent’s attorney will be permitted to advise the Respondent regarding his/her Fifth Amendment rights.
(3) Requests for Confidentiality or No Further Action
After making a report or a complaint, the Complainant may request confidentiality and that no further action be taken by PTS. When a Complainant requests that the Seminary not use their name as part of any investigation, or that the Seminary not take any further action, PTS will generally try to honor those requests. However, there are certain instances in which the Seminary may have a broader obligation to the community and may need to override an individual’s request for confidentiality or a request that PTS not investigate a matter or take any further action. Because such requests could impact the Seminary’s ability to appropriately address and resolve the behavior in question, the Seminary will weigh these requests carefully. PTS will evaluate the request for confidentiality or that an investigation/discipline not occur by considering a range of factors including, but not limited to, whether:
The presence of one or more of these factors may lead PTS to commence an investigation. If so, the Seminary will inform the Complainant and Respondent in writing prior to proceeding and will, to the extent possible, share information only with the individuals responsible for handling the
Seminary’s response and others involved in the investigation. Should the Complainant ask that their identity not be disclosed to the Respondent as part of an Informal Resolution Process, the Title IX Coordinator or Co-Coordinator will work with the Complainant to determine whether other solutions would resolve the Complainant’s concerns. PTS cannot guarantee, however, confidentiality in all circumstances.
(4) Interim Supportive Measures
In assessing a report, the Title IX Coordinator may decide that either or both Complainant and Respondent are entitled to reasonable interim supportive measures. During the Intake Interview, the Coordinator may offer interim supportive measures to the Complainant that are designed to return or maintain equal access to PTS’ educational programs and work environment. The Coordinator will consider the Complainant’s wishes with respect to these measures. These measures may be available with, or without, the filing of a written complaint. Interim supportive measures may include, but are not limited to: counseling; extensions of deadlines or other course- related adjustments; modifications of class or work; mutual no-contact orders; gag orders; changes in work or housing locations; leaves of absence; and/or monitoring of certain areas of the campus.
(5) Notice to Respondent
After a complaint has been filed, written notice will be given to the Respondent. The notice will include the following information:
Resolution Through an Informal or Formal Resolution Process
Informal Resolution Process
A complaint of harassment or discrimination may proceed through an Informal Resolution Process. PTS encourages informal resolution of conflict when the parties desire to resolve the situation cooperatively and whenever such resolutions can be affected fairly through conversation between the Complainant and Respondent.
The Title IX Coordinator or one of the designated Co-Coordinators will serve as the Intake Official. At the point of the Intake Interview, the Intake Official will gather information about the report made and discuss the Informal and Formal Resolution Processes, as appropriate, with the Complainant. The Intake Official will then review the report to determine whether it may proceed through the Informal Resolution Process. The Intake Official will notify the Complainant if it is appropriate to proceed with the Informal Resolution Process. An attempt to informally resolve a report is not required before an individual may use formal complaint procedures. Some reports will not be deemed appropriate for informal resolution.
This Informal Resolution Process may be used by seminary employees, students, family members, vendors, and any other individuals who participate in the Seminary’s programs or activities or who are otherwise on campus. At any time, either party may request that the Informal Resolution Process end, and that the report be referred for a formal complaint investigation.
Step 1 – Choice of the Type of Informal Resolution
The first stage in the Informal Resolution Process is the selection of the type of informal resolution. During the Intake Interview or shortly thereafter, a Complainant who has chosen the Informal Resolution Process will discuss various options with the Intake Officer.
Step 2 – Agreement on the Informal Resolution Process
After the Complainant has decided how he/she wishes to proceed, the Respondent will be informed through one of two means:
Both parties must agree to proceed via the Informal Resolution Process. If both parties do not agree to the Informal Resolution Process, the complaint will advance through the Formal Resolution Process.
Step 3 – Agreement on a Resolution
If a resolution is reached that is satisfactory to both individuals, the resolution will be written and signed by the parties, copied, and then filed with the appropriate offices, as follows:
Formal Resolution Process
Rather than continuing through the Informal Resolution Process as described above, a complaint may proceed through a Formal Resolution Process. A complaint also may start in the Informal Resolution Process and be moved to the Formal Resolution Process.
When a complaint involves sexual discrimination or sexual harassment that is alleged to be a violation of Title IX policy, either party may choose the Formal Resolution Process. The Title IX Coordinator or designated Intake Official also may insist on the Formal Resolution Process to address reports of violent conduct of any kind (i.e., cases of sexual violence) or where a Respondent appears to pose a threat to the Seminary community. Claims of Quid Pro Quo harassment of a student by an employee may only be conducted through the Formal Resolution Process.
There are three (3) main steps in the Formal Resolution Process:
Step 1 – The Investigation
The Investigation process is generally expected to take thirty (30) calendar days.
a. Interview and Fact Gathering
The Investigator will interview all parties and relevant witnesses and gather relevant documents provided by the parties and any witnesses. The Complainant and Respondent may have an advisor and/or other support person present during the interview process. Interviews may be conducted in person or via video meeting. The advisor and/or support person may be present during interviews as long as they do not hinder the interview and investigation as noted above.
The Investigator will prepare a written summary of each interview. Within five (5) business days of the interview, the Investigator will share the written interview summary with the interviewee.
The privacy of an individual’s medical, psychological, and/or related treatment records will be protected. PTS cannot access or use such records unless the Seminary obtains the party’s voluntary, written consent to do so.
b. Information Review
At the conclusion of all interviews and information gathering, the Investigator will provide each party with an Inventory of Information Report, and the opportunity to review the information gathered during the investigation that is directly related to the complaint. After the distribution of the Inventory of Information Report, each individual will have ten (10) business days during which they may provide further information or submit a written request to the Investigator for additional investigation, such as a request for interviews with new and different witnesses, or a request that the Investigator conduct follow-up interview(s) with existing witnesses to clarify or provide additional information.
Upon receipt of each party’s further information or request for additional information, the Investigator will determine if any further investigation is needed. If new pertinent information is provided by either party, or gathered by the Investigator, the new information will be made available for review by each individual as part of the Investigation Report.
c. Investigation Findings
The Investigator will prepare a written Investigation Report summarizing the relevant information gathered and presented in the Summary of Information Report along with all investigative steps taken to date. Each party will be provided with a copy of the written report and will have ten (10) business days to provide a written response. Upon receipt of any response(s), the Investigator will complete the Investigation Report.
Step 2 – Decision to Continue or Dismiss Claim
At this point in the investigation, the Coordinator or Co-Coordinator will review the final Investigation Report, including relevant attachments. The Coordinator may require that the Investigator take additional investigatory steps. Once the Investigation Report is finalized and accepted by the Coordinator or Co-Coordinator, the report and all attachments will be presented to each party. Following delivery of the report, the Coordinator or Co-Coordinator will decide whether the complaint should continue to resolution by a panel or should be dismissed. In addition, at this point the Coordinator or Co-Coordinator may, in his or her discretion, also dismiss a complaint if the Complainant informs the Coordinator or Co-Coordinator in writing that the Complainant desires to withdraw the complaint, if the Complainant or the Respondent is no longer enrolled or employed by PTS, or if specific circumstances prevent the Seminary from gathering sufficient information to reach a determination.
Step 3 – Resolution by Hearing Panel
The U.S. Department of Education requires a hearing process for Title IX violations that proceed through the Formal Resolution Process. After the investigation process has been completed and it is determined that a complaint meets the Title IX definition of sex discrimination or sexual harassment, the complaint will proceed to a Hearing Panel. Each party will be provided with a Notice of Hearing, which will include information regarding the date of the hearing, the names of the members of the Hearing Panel, and any deadlines for submission of evidence, names of witnesses, or questions to be reviewed by the Hearing Panel to confirm relevance. The hearing will be scheduled no less than ten (10) business days from the date of the Notice of Hearing.
Each party is entitled to one (1) advisor or support person at the hearing. If either party does not have an advisor or support person at the time of the hearing, a trained advisor will be provided by the Seminary upon request. Such requests must be made at least two (2) business days prior to the hearing. A hearing also may be postponed one time if a party’s planned advisor or support person does not appear for good cause which is unrelated to the party. The postponed hearing must be scheduled within five (5) business days from the date of the original hearing unless other party has a conflict within this period. In this event, the postponed hearing may be scheduled within ten (10) business days from the date of the original hearing.
Hearings may be in person or via video conferencing. Each hearing will be recorded. No other individual is permitted to record while the hearing is taking place. The recording is the property of PTS but may be available for listening by appropriate parties by contacting the Coordinator or Co- Coordinator.
Additional Supportive Measures
Supportive measures can be used from the receipt of a report through the determination of an outcome and thereafter if needed.
Supportive measures available may include, but are not limited to:
