General standards of conduct

General Standards of Conduct

Gettysburg College is committed to operating with integrity and in compliance with all applicable federal, state and local laws, regulations and policies.  Additionally, all employees are expected to conduct themselves honestly and with a high degree of personal integrity.  The mutual respect and collegiality that is gained as a result of adherence to these high standards encourages a positive and productive work environment. This not only involves sincere respect for the rights of others, but also requires that employees refrain from behavior in both their professional and personal lives that might be harmful to themselves, their coworkers and/or the College.  To maintain the integrity of Gettysburg College and to protect the rights of its employees, its students, and the College itself, employees are expected to conduct themselves honestly, professionally, and ethically at all times.

Additionally, to make the College a safe and pleasant place to work, every employee is expected to observe certain standards of conduct. Certain conduct is of such serious nature that immediate dismissal may be warranted without prior warning or discipline. Examples of such conduct are as follows: gross insubordination; dishonesty; stealing property or merchandise belonging to the College, its suppliers, students, or other employees; private financial relations with customers or suppliers; deliberate damage to College property; fighting; falsifying or causing to be falsified information on an employment application, time card, or other College documents; unlawful possession, use or distribution of alcohol; intoxication; the illegal use, sale, manufacture, possession or distribution of drugs or narcotics; sexual misconduct, other inappropriate sexual conduct, illegal harassment and/or discrimination; the possession or use of firearms or other weapons on College premises including in an employee's own vehicle; or, the use or threat of violence.

The specific conduct described in this section does not include all of the possible grounds for discipline or discharge. These descriptions are intended as illustrations of the types of conduct that must be avoided for the good of our employees, students, visitors, and the College itself.

Because these rules are essential to our most important function - high quality service to our students - as well as to the efficient operation of our business, the provisions of this section will be promptly and fairly enforced. We appreciate the cooperation of every employee in the careful observance of these standards of conduct.

Harassment and Discrimination-Free Workplace

Introduction

Gettysburg College is committed to maintaining an environment conducive to learning for all students and a professional workplace free from harassment and discrimination for its employees. Harassment and discrimination in all forms, including sexual harassment and sexual assault, and all other forms of sexual violence, are antithetical to the values of Gettysburg College, violations of College policy, and, in some instances, violations of state and federal law. 

Gettysburg College will not tolerate harassment or discrimination on the basis of race, ethnicity, color, religion, national origin, disability, veteran status, marital/familial status, possession of a General Education Development Certificate (GED) as compared to a high school diploma, sexual orientation, gender identity, gender expression, sex, age, genetic information or any trait or characteristic protected by any applicable federal, state, or local law or ordinance.

Pursuant to Title IX of the Education Amendment of 1972, Gettysburg College prohibits discrimination on the basis of sex in all of its educational programs and activities.  Harassment or discrimination on the basis of sex or any other protected characteristic may affect the terms and conditions of employment or interfere with a student’s work or academic performance and create an intimidating or hostile environment for that employee or student. As such, harassment or discrimination on the basis of any protected trait or characteristic is contrary to the values of Gettysburg College, is a violation of College policy applicable to faculty, administration, and staff and is a violation of the Student Code of Conduct.

Inquiries concerning the application of these policies may be referred to the Title IX Director or Intake/Investigative Offices or to the Office for Civil Rights, United States Department of Education. For further information, visit http://wdcrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfm
for the address and phone number of the U.S. Department of Education office that serves your area, or call 1-800-421-3481.

Section I: Employee and Student Sexual Harassment, Sexual Misconduct, Dating Violence, Domestic Violence, Stalking, and Sexually Inappropriate Behavior

All members of Gettysburg College have the right to work and study in an environment free of discrimination, including freedom from sexual harassment, sexual misconduct, dating violence, domestic violence, stalking and other sexually inappropriate behavior. The intent of this policy is to foster responsible behavior in a working and academic environment free from discrimination and harassment. Thus, Gettysburg College strongly disapproves of and forbids the sexual harassment of employees or students, and will not tolerate sexual assault, sexual misconduct, dating violence, domestic violence, stalking, and other sexually inappropriate behavior.

Sexual harassment, sexual misconduct, dating violence, domestic violence, stalking and other sexually inappropriate behavior as defined in Sections II and III of this policy is prohibited when it involves any member of the campus community:

  • towards a faculty member or employee by a faculty member or employee
  • towards a student by a faculty member or employee
  • towards a faculty member or employee by a student
  • towards a student by a student
  • towards a faculty member or employee or student by a visitor or guest of the College.

All members of the faculty, administration and support staff who have information regarding, are witness to, or become aware of, by any means, any form of sexual harassment, sexual misconduct, inappropriate sexual behavior, dating violence, domestic violence, stalking and/or criminal activity, are required to report the incident. Information on how to make a report can be found below in Section IV, Reporting of Prohibited Conduct, Harassment and Discrimination Violations.

Section II: Other Forms of Harassment/Discrimination

Employees are expected to maintain the highest degree of professional behavior. All harassment or discrimination by employees is strictly prohibited. Further, harassing or discriminatory behavior of non-employees directed at College employees or students also is condemned and will be promptly addressed.

Discrimination occurs when race, color, national or ethnic origin, sex, sexual orientation, gender identity or expression, marital status, disability, religion, veteran status, age or any protected status is used as criteria for action. Discrimination is particularly condemned when it exploits and jeopardizes the trust that should exist among members of an educational institution. To preserve a work and study atmosphere that fosters such trust, the College affirms the principle that students, faculty, and staff must be treated equitably and evaluated on the basis of merit rather than irrelevant criteria. When a person intentionally or inadvertently abuses the power and authority inherent in their position, there can be negative consequences both to the individuals involved as well as to the educational and working environment of the College.

Discrimination also includes harassment based on a protected trait. Harassment may be based on a person’s race, color, national or ethnic origin, sex, sexual orientation, gender identity or expression, marital status, disability, religion, veteran status, age or any protected status. It includes a wide range of abusive and humiliating verbal or physical behaviors that are directed against a particular person or persons because of a protected trait. In some cases, the conduct may be such that it is clear that it is directed against a particular person or persons, even though the person(s) may not be explicitly identified.

Examples of unacceptable behavior include, but are not limited to, the following:

  • physical, emotional, or mental abuse
  • racial, religious, ethnic, or gender-based or sexual insults
  • derogatory ethnic, religious, or sexual jokes or slurs
  • unwelcome sexual comments or advances
  • taunting intended to provoke an employee
  • requests for sexual favors used as a condition of employment or affecting any personnel decisions such as hiring, promotion, or compensation
  • unwanted physical contact such as pinching, grabbing, rubbing, etc. stalking, bullying, cyber-bullying, etc.

All members of the faculty, administration and support staff who have information regarding, are witness to, or become aware of, by any means, any form of harassment or discrimination are required to report the incident. Information on how to make a report can be found below in Section IV, Reporting of Prohibited Conduct, Harassment and Discrimination Violations.

Section III: Prohibited Conduct and Policy Definitions

In addition to discrimination, this policy prohibits “Sexual Misconduct” and “Relationship Violence,” broad categories encompassing the conduct defined below. Sexual Misconduct and Relationship Violence can be committed by anyone and can occur between people of the same gender or people of different genders.

Prohibited conduct includes:

Sexual Misconduct:

  • Sexual Harassment
  • Sexual Assault
  • Sexual Exploitation
  • Retaliation
  • Complicity

Relationship Violence:

  • Domestic Violence
  • Stalking
  • Intimate Partner Violence
  • Dating Violence

Federal and State Definitions

While Gettysburg College has our own set of definitions for certain conduct, we follow federal and state definitions as well.

The Federal definition (from VAWA) of sexual assault:

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: The 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. This definition also includes attempts to commit rape.
  2. Fondling: The touching of the private parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental incapacity.
  3. Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
  4. Statutory Rape: Sexual intercourse with a person who is under the statutory age of consent.

Consent: The state of Pennsylvania defines ineffective consent as:

  • Ineffective consent --Unless otherwise provided by this title or by the law defining the offense, assent does not constitute consent if:

(1) it is given by a person who is legally incapacitated to authorize the conduct charged to constitute the offense;

(2) 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;

(3) it is given by a person whose improvident consent is sought to be prevented by the law defining the offense; or

(4) 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.

  • Rape Offense defined --A person commits a felony of the first degree when the person engages in sexual intercourse with a Complainant: (1) By forcible compulsion. (2) By threat of forcible compulsion that would prevent resistance by a person of reasonable resolution. (3) Who is unconscious or where the person knows that the Complainant is unaware that the sexual intercourse is occurring. (4) Where the person has substantially impaired the Complainant's power to appraise or control their conduct by administering or employing, without the knowledge of the Complainant, drugs, intoxicants or other means for the purpose of preventing resistance. (5) Who suffers from a mental disability which renders the Complainant incapable of consent.

Further, under Clery and UCR (Uniform Crime Reporting) definitions, the Pennsylvania Crimes Code sections relating to sexual assault (PA CS Title 18, Subsection 3124.1), involuntary deviate sexual intercourse (PA CS Title 18, Subsection 3123) and aggravated indecent assault (PA CS Title 18, Subsection 3125) are considered rape for the purposes of Clery and PA UCR reporting.

Other Sex offenses (except forcible rape, prostitution, and commercialized vice) ¿Statutory rape, offenses against chastity, common decency, morals, and the like. Attempts are included.

Relationship Violence

Relationship Violence is a violation of this policy and is defined as:

  1. Domestic Violence:

The Federal definition (from VAWA) of 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 a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; or
  5. By any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.

Definition of a Crime of Violence:  According to Section 16 of Title 18 of the United States Code, the term “crime of violence” means:

  1. An offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or
  2. Any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.

Pennsylvania law 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 or those who share biological parenthood in order to qualify as domestic abuse.”

  1. Stalking:

The Federal definition (from VAWA) of stalking:

“Engaging in a course of conduct directed at a specific person that would cause a reasonable person to—

  1. Fear for the person’s safety or the safety of others; or
  2. Suffer substantial emotional distress.”

For the purposes of this definition—

  1. 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, surveys, threatens, or communicates to or about, a person, or interferes with a person’s property.
  2. Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.
  3. Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

Pennsylvania law 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.
  1. Dating Violence is defined by the Federal Government (VAWA) as:

The term “dating violence” means violence committed by a person:

  • Who is or has been in a social relationship of a romantic or intimate nature with the victim; and
  • The existence of such a relationship shall be determined based on the Complainant’s statement with consideration of:
    • The length of the relationship;
    • The type of relationship;
    • The frequency of interaction between the persons involved in the relationship.
  • Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
  • Dating violence does not include acts covered under the definition of domestic violence.
  • Dating violence includes intimate partner violence, causing or attempting to cause physical or emotional harm, placing another in reasonable fear of serious bodily injury, restraining another’s liberty or freedom of movement, where such conduct is directed against the Complainant by someone with whom they have been in a romantic or intimate relationship. Whether there was such a relationship will be gauged by its length, type, and frequency of interaction.

Note: There is no Pennsylvania Law for Dating Violence

Gettysburg College Definitions

Sexual Harassment

Sexual Harassment can be a single, serious incident or a series of related, repeated incidents. Sexual harassment is defined as unwelcome conduct of a sexual nature (verbal or physical conduct) when the conduct:

  • is reasonably perceived as creating an intimidating or hostile work, learning or living environment,
  • unreasonably interferes with, denies or limits someone’s ability to participate in or benefit from any educational program and/or activities,
  • submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment,
  • submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individuals, or
  • such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.

In addition to the above, specific types of sexual harassment constituting violations of this policy include:

Sexual Assault: Having or attempting to have sexual intercourse or oral sex, without Consent. Sexual intercourse means anal or vaginal penetration by a penis, tongue, finger, or inanimate object. Sexual assault includes rape, fondling, incest, and statutory rape.

Non-Consensual Sexual Contact: Any intentional sexual touching or attempted sexual touching, without Consent.

Sexual Exploitation: An act attempted or committed by a person for sexual gratification, financial gain, or other advancement through the abuse or exploitation of another person’s sexuality. Examples of sexual exploitation include, but are not limited to, non-consensual observation of individuals who are undressed or engaging in sexual acts, non-consensual audio- or video recording or streaming of sexual activity, prostituting another person, and allowing others to observe a personal consensual sexual act without the knowledge or consent of all involved parties.

Coercion: The use or attempted use of pressure and/or oppressive behavior, including express or implied threats, intimidation, or physical force such that the application of pressure or oppression causes the recipient of the behavior to engage in unwanted sexual activity. Coercion includes administering or pressuring another to consume a drug, intoxicant, or similar substance with the intent to impair that person’s ability to consent prior to engaging in sexual activity.

Complicity: Assisting, facilitating, or encouraging the commission of a violation of the Sexual Misconduct and Relationship Violence Policy.

Harm to Others: Physical violence including (but not limited to) physical abuse, assault, threats of violence, striking, shoving or subjecting another person to unwanted physical contact.

Harassing Conduct: Intentionally or recklessly endangering, threatening, or causing emotional harm to any person. This may also include causing physical damage to their property.

Harassment: Harassment includes any written, verbal or physical acts (including electronically transmitted acts) that is reasonably perceived as creating an intimidating or hostile work, learning or living environment, particularly if questionable behavior is repeated and/or if it continues after the offending party is informed of the objectionable and/or inappropriate nature of the behavior, and such conduct is based on a trait or activity protected by law or College policy. Harassment can be a single incident, or a series of repeated incidents.

Sexually Inappropriate Behavior: Conduct that is lewd or obscene, including sexually suggestive gestures or communication.  Public masturbation, disrobing or exposure of one’s self to another person without that person’s consent is one example. This may be an isolated occurrence.

Intimate Partner Violence: Physical violence, sexual violence, and/or psychological abuse by a current or former intimate partner.

Stalking: “Engaging in a course of conduct directed at a specific person that would cause a reasonable person to—

  1. A) Fear for the person’s safety or the safety of others; or
  2. B) Suffer substantial emotional distress.”

Other Definitions

Advisor: In cases involving an issue or concern outlined in Section I (Employee and Student Sexual Harassment, Sexual Misconduct, Dating Violence, Domestic Violence, Stalking, and Sexually Inappropriate Behavior) only, both the Complainant and/or the Respondent may have an advisor of their choice present during the investigation. Once a complaint has been filed, the Complainant and Respondent may each select an Advisor of their choice. The Advisor is permitted to be a part of any meetings their employee may have. College employees who have an actual or perceived conflict of interest (the Title IX Director, Department of Public Safety, and Human Resources, for example) may not serve as Advisors. An employee should select as an advisor a person whose schedule allows attendance at the scheduled date and time for any meetings because delays will not normally be allowed due to the scheduling conflicts of an advisor.

The Advisor may not speak aloud during meetings involving the employee and an investigator, but may confer quietly or by means of written notes with their advisee.

The Complainant and Respondent are not obligated to accept the counsel of an Advisor.

Complaint: A written statement submitted by a third party, Responsible Reporter or the Reporting Party to the College for the purpose of initiating disciplinary proceedings under this Policy. This includes complaints submitted through the Community Concern Form.

Complainant:  An individual who invokes the College’s process to determine whether this policy has been violated. The Complainant is normally the person who alleges that they experienced a violation of the policy. If the individual chooses not to proceed with charges, the College may, at its discretion, serve as the Complainant.

Consent:  Consent to engage in sexual activity must exist from beginning to end of each instance of sexual activity. Consent is demonstrated through mutually understandable words and/or actions that clearly indicate a willingness to engage in, and continue to engage in, a specific sexual activity. 

Consent must be informed and voluntary. To give Consent, a person must be awake, of legal age, and have the capacity to reasonably understand the nature of their actions. Individuals who are physically or mentally incapacitated cannot give Consent. Some indicators that an individual is incapacitated due to intoxication may include, but are not limited to, vomiting, unresponsiveness, inability to communicate coherently, inability to dress/undress without assistance, inability to walk without assistance, slurred speech, loss of coordination, or inability to perform other physical or cognitive tasks without assistance.

Silence, without actions evidencing permission, does not demonstrate Consent. Where force or coercion is alleged, the absence of resistance does not demonstrate Consent. The responsibility of obtaining Consent rests with the person initiating sexual activity

Consent to engage in sexual activity may be withdrawn by either person at any time. A previous or current dating or sexual relationship, by itself, is not sufficient to constitute Consent. Once withdrawal of Consent has been expressed, the sexual activity must cease. Consent is automatically withdrawn by a person who is no longer capable of giving Consent (due to falling asleep or passing out into a state of unconsciousness, for example).

Discrimination: Discrimination refers to the treatment or consideration of, or making a distinction in favor of or against, a person based on the protected group, class, or category to which that person belongs rather than on individual merit. Discrimination can be the effect of some established practice that confers privileges on a certain class or denies privileges to a certain class because of race, color, national or ethnic origin, sex, sexual orientation, gender identity or expression, marital status, disability, religion, veteran status, age or any protected status. Harassment is a form of discrimination and constitutes a violation of this Policy.

Investigator: Any College trained administrative official or person or persons appointed by the College who will be responsible for coordinating any investigations into an alleged violation of the Harassment and Discrimination Free-Workplace Policy.

Respondent: Any individual or authorized student organization alleged to have violated this Policy and against whom a Complaint has been submitted.

Responsible Reporters: Responsible Reporters are persons who, as a result of their profession or employment position with the College, may be aware of cases of abuse or violence. At Gettysburg College, all faculty, administrators, staff, and student staff (with the exception of psychological counselors and pastoral counselors while performing that role as their primary employment with the College) are designated as responsible reporters with regard to cases of suspected sexual assault/violence, sexual misconduct, and relationship violence.  It is every person’s responsibility to keep our community safe and free from discrimination and violence. Suspected incidents need to be immediately reported to the Department of Public Safety (DPS).  In Pennsylvania, College employees are mandated to report suspected abuse of anyone under the age of 18.  The report must be made immediately to ChildLine (800-932-0313) and to the employee’s supervisor.

Retaliation: Acts or attempted acts to retaliate or seek retribution against anyone who has reported Sexual Misconduct or Relationship Violence or who has participated (or is expected to participate) in any manner in an investigation or proceeding under this Policy. Prohibited retaliatory acts include, but are not limited to, intimidation, threats, coercion, or discrimination. Retaliation constitutes a violation of this Policy.

In dealing with complaints of harassment and/or discrimination, the College will protect the rights of all parties. The College’s commitment to eliminate harassment and/or discrimination from the workplace should not be viewed as a license for employees to engage in unfounded, frivolous, or vindictive actions that are not made in good faith in violation of the intent and spirit of this policy.

Title IX: Title IX of the Educational Amendments of 1972, 20 U.S.C. §§1681 et seq., and its implementing regulations, 32 C.F.R. Part 106, which prohibit discrimination on the basis of sex, gender identity, or gender expression in education programs or activities operated by recipients of federal financial assistance. Gettysburg College is required to comply with Title IX.

Trauma Informed Training:  This training is to help investigators and adjudicators understand, recognize, and respond to the effects of trauma. Sexual assault, domestic violence, dating violence, and stalking are deeply traumatic crimes that can cause severe damage to survivors’ emotional, spiritual, and psychological well-being. Survivors can be harmed or retraumatized by insensitive, uninformed, or inadequate community and criminal justice system responses.  Gettysburg College provides awareness training to incident responders, counselors, support personnel, and adjudicators on the impact trauma can have on the lives of survivors.  This training helps inform the College’s response to reports in a way that works to eliminate or significantly reduce the impact of retraumatization.

Witness: Any individual who has seen, heard, or otherwise knows or has information about a violation or attempted violation of this Policy. Witnesses are protected from retaliation, which includes retaliation from the Complaint, Respondent, or from another party or parties.

Section IV: Reporting of Prohibited Conduct, Harassment and Discrimination Violations

An individual who reports sexual harassment, sexual violence, intimate partner violence or stalking, whether the Complainant or a witness, can be assured that all reports will be taken seriously, and that each individual will be treated with dignity, respect and in a non-judgmental manner from the initial report to the final result. Similarly, a respondent can except to be treated fairly and respectfully from the initial report to final result.

Any employee or faculty member who believes he or she has been the subject of any form of prohibited conduct, harassment or discrimination in any form should bring the matter to a Co-Director in the Human Resources Office and/or the Vice Provost. Alternatively, the individual may complete the on-line Community Concern Webform located at: www.gettysburg.edu/reportconcern.

All members of the faculty, administration and all support staff are required to report incidents of prohibited conduct, harassment and/or discrimination, including sexual harassment and gender discrimination, sexual misconduct, relationship violence and sexually inappropriate behavior, that they observe, that they are informed about, or of which they become aware, by any means, to a Co-Director of Human Resources and/or the Vice Provost. Alternatively, the individual may complete the on-line Community Concern Webform located at: www.gettysburg.edu/reportconcern.

If you, or another individual, are in need of immediate assistance, please call the Department of Public Safety (DPS) at 717-337-6911 or the Gettysburg Police Department by calling 911. You should call DPS in the following circumstances:

  • The health, safety or well-being of any individual is in jeopardy
  • An individual is in need of immediate medical assistance
  • Criminal or questionable activity is in progress

For non-emergency reporting, all members of the community may also submit a concern using the Community Care Webform (www.gettysburg.edu/reportconcern). Information provided on this form will be sent to the appropriate College official for review and follow-up. Generally, this form is used for non-emergency information (incident of concern is not in progress) for the following types of incidents:

  • Bias incidents
  • Crime tips
  • Discriminatory Conduct
  • General student, employee or faculty concern
  • Hazing
  • Sexual assault, sexual harassment, sexual misconduct, or relationship violence
  • Child abuse - In the State of Pennsylvania, employees of institutions of higher learning who suspect incidents of child abuse (including incidents of suspected child sex abuse) must immediately report such incidents first to the Department of Public Welfare’s Child Line (800-932-0313), then to the police having jurisdiction, and then to their supervisor.

If you would like to speak directly with a trained member of the College community, you may also contact one of the individuals listed below (Names, Locations, Emails, phone #s):

Title IX Director:

Amanda Blaugher, Title IX Director, Second Floor, College Union Building, ablaughe@gettysburg.edu, 717-337-6904

Intake/Investigative Offices:

Athletics:

Mike Mattia, Executive Director of Intercollegiate Athletics, Second Floor, Athletics Center, mmattia@gettysburg.edu, 717-337-6530

Department of Public Safety:

Bill Lafferty, Assistant Vice President of College Life/Executive Director of Public Safety, Second Floor, Public Safety Office, wlaffert@gettysburg.edu, 717-337-6321

Human Resources:

Regina Campo, Co-Director of Human Resources, First Floor, Pennsylvania Hall, rcampo@gettysburg.edu, 717-337-6207

Jennifer Lucas, Co-Director of Human Resources, First Floor, Pennsylvania Hall, jlucas@gettysburg.edu, 717-337-6211

Provost’s Office:

Jack Ryan, Vice Provost, Third Floor, Pennsylvania Hall, jryan@gettysburg.edu, 717-337-6822

Student Rights and Responsibilities:

Ron Wiafe, Director of Student Rights and Responsibilities, Second Floor, College Union Building
rwiafe@gettysburg.edu, 717-337-6907

Inquiries concerning the application of these policies may be referred to the Title IX Director or to one of the offices identified above or to the Office for Civil Rights, United States Department of Education. For further information, visit http://wdcrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfm for the address and phone number of the U.S. Department of Education office that serves your area, or call 1-800-421-3481.

Statement on Minors

In Pennsylvania, College employees are mandated to report suspected abuse of anyone under the age of 18.  The report must be made immediately to ChildLine (800-932-0313) and to the employee’s supervisor. The obligation to report applies when the subject of suspected abuse is under the age of 18, regardless of whether the person is an employee, matriculated student, participant in youth camp or overnight guest.

Role of the Title IX Director:

The Title IX Director’s role includes providing leadership and direction in the following areas:

  • Coordinate Title IX efforts including the development, implementation, and monitoring of appropriate policies, procedures and practices designed to comply with federal and state legislation, regulation, and case law requiring the prompt and equitable resolution of all complaints pursuant to Title IX;
  • Provide direction and oversight for all activities of the Title IX program including consulting with relevant policy-making bodies and senior management team members for the purpose of advising, clarifying and identifying necessary action to eliminate sex and/or gender-based discrimination in all educational programs and activities, to ensure that access to facilities, opportunities, and resources are gender equitable throughout campus;
  • Provide oversight to the training effort on Title IX for students and employees (faculty, staff, and administrators), with specialized training for investigators/fact-finders;
  • Partner with stakeholders and engage the campus community in strategic efforts aimed at the prevention of sexual violence and other forms of sex and/or gender-based discrimination;
  • Oversee the intake and investigative process by ensuring that it is prompt, effective, and equitable. Appoint and supervise the Title IX investigators and oversee investigation efforts. Ensure provision of initial remedial actions; assure compliance with timelines; ensure delivery of appropriate notice of charge, notice of hearing, notice of outcome, duty to warn, and remedies, and ensure a repository for and source of institutional record-keeping;
  • Ensure the institution maintains an organizational file of all complaints, and other records regarding Title IX compliance, including annual reports of the number and nature of filed complaints and the disposition of said complaints, data collection, climate assessment, pattern monitoring; and
  • Serve as principal contact for government inquiries pursuant to Title IX.
  • Chair the institutional Title IX/Clery Committee.

Section V: Investigation of Reports

All concerns will be taken seriously and directed to an intake office of the College which will then inform the Respondent about the College’s policy regarding such alleged behavior, and advise the Respondent that retaliation is prohibited.

The College’s Title IX Director will be notified of all Title IX/VAWA related claims.  In those cases, the Title IX Director will determine to whom to assign the responsibility to investigate.  The investigation will typically involve interviewing the individual who believes they have been harassed; interviewing the individual who has been accused; and interviewing any witnesses or those who are believed to have relevant information about the claim.  In Title IX cases, the individual being accused generally has the right to know who has made an allegation against them.  The supervisor of an employee making a claim and the supervisor of an employee being named in a claim may be notified of the claim, only if appropriate. The College will take prompt action to investigate and adjudicate the complaint. In cases involving Title IX, a written notice of investigation will be given to the Complainant and the Respondent informing them of the allegations, resources, and rights in the process at least three (3) business days prior to the investigation meeting. Investigations will include timely notice of meetings for both the Complainant and the Respondent throughout the process.

Review:

  • When the Complainant or the Respondent is a member of the faculty, the investigation will normally be assigned to the Provost’s Office. Generally, the Vice Provost will conduct the investigation with a Co-Director of Human Resources, meeting with the individual making the claim, the individual who has been accused, and any witnesses or those who may have relevant information.  Any corrective action toward a faculty member will be determined based on procedures set forth in the Faculty Handbook.
  • When a claim involves an employee of the College other than a faculty member, the investigation will typically be assigned to a Co-Director of Human Resources. The Title IX Director may delegate responsibility for the investigation to another member of the professional staff or person or persons authorized by the College as appropriate when the situation involves a Title IX/VAWA related claim. Any corrective action toward a member of the professional staff will be based on standard College procedures. The College, in its sole discretion, makes disciplinary decisions.
  • Student complaints about a faculty member or another employee of the College will be reviewed by either the Vice Provost (in the case of a faculty member), the Title IX Director (in situations involving Title IX/VAWA related claims) or a Co-Director of Human Resources (in the case of an employee).
  • Faculty or staff complaints about a student will be reviewed by the Title IX Director or trained designee. The judicial procedures for sexual harassment grievances are outlined in the Student Code of Conduct.
  • Student complaints about other students will be reviewed and investigated per the Sexual Misconduct and Relationship Violence Policy by the Title IX Coordinator or Director of Student Rights and Responsibilities. The judicial procedures for sexual harassment grievances are outlined in the Student Code of Conduct.

During the course of any investigation, the individual conducting the investigation may consult with or notify the College President; the Provost; the Vice President of College Life/Dean of the College; the Co-Directors of Human Resources; the Executive Director of Public Safety; and/or another administrator or outside legal counsel as appropriate.

Confidentiality will be maintained throughout the investigation to the extent practical and consistent with the College’s need to undertake a full and impartial investigation. Only those with a need-to-know will be involved in the investigation.

In cases involving an issue or concern outlined in Section I (Employee and Student Sexual Harassment, Sexual Misconduct, Dating Violence, Domestic Violence, Stalking, and Sexually Inappropriate Behavior) only, both the Complainant and/or the Respondent may have an advisor of their choice present during the investigation. The role of an advisor is to support the Grievant/Respondent, but the advisor may not represent the Grievant/Respondent during the investigation. Each party may speak quietly with their advisor or request a short break in order to consult with their Advisor.

Employees questioned by the College during the course of an investigation are required to provide their full cooperation. In turn, it is the expectation of the College that all those involved in an investigation, including the Complainant, the Respondent, and all Witnesses, will be treated with dignity and respect during the course of the investigation.

If criminal conduct has been alleged, the Complainant may elect to file a complaint with the appropriate authorities. The College will conduct its own investigation even if a criminal investigation occurs.

The College will normally conclude its investigation in a period of 60 days or less. In cases where the matter presents particular complexities or the unavailability of witnesses, the time period may be extended. All investigations will offer an equal opportunity for the Complainant and the Respondent to present relevant witnesses and other evidence. At the conclusion of the investigation, appropriate administrators of the College will determine whether a violation of this policy occurred using a “preponderance of the evidence” standard. This means that, based on the totality of the evidence, a violation of College policy more likely than not occurred (not a “clear and convincing evidence” standard).

In investigations that implicate rights protected by Title IX, the individual making the complaint, as well as the alleged offender, will be apprised of the outcome of the investigation in writing. The College Grievance/Appeal Procedure is available to employees after a determination has been made by the appropriate administrator as discussed above (as long as it meets one of the three grounds identified in the policy). Please see Section VIII for more information about the College Grievance/Appeal Procedure.

If harassment or another type of policy violation is found to have occurred, immediate and appropriate action will be taken to stop the inappropriate conduct, eliminate the hostile environment, prevent its recurrence, and remedy its effects.

Where a Respondent has been found to have violated College policy, the College will take appropriate actions which may include disciplinary and corrective actions designed to prevent future occurrences. Sanctions may be issued individually, or a combination of sanctions may be imposed. The determination of sanctions is based upon a number of factors, including: the nature, severity of, and circumstances surrounding the violation; the harm suffered by the Complainant; any ongoing risk to either the Complainant or the community posed by Respondent; the impact of the violation on the community, its members, or its property; any previous disciplinary history; previous complaints or allegations involving similar conduct; and any mitigating or aggravating circumstances.   Disciplinary measures may consist of actions including verbal warning, written warning, last chance agreement, suspension without pay, or termination of employment. Employees found responsible for incidents of sexual violence or assault will receive a more significant sanction, up to and including termination. For administrators and support staff employees, the determination of sanction is made by a Co-Director of Human Resources. Faculty disciplinary matters will be handled per procedures outlined in the Faculty Handbook.

In appropriate cases, the College may determine that the misconduct was motivated by bias, insofar as a Reporting Party was selected on the basis of their race, color, ethnicity, national origin, religion, sex, sexual orientation, gender expression, age or disability. Where the College determines that the misconduct was motivated by bias, the College may elect to increase the sanction imposed as a result of this motivation.  Disciplinary sanctions may range from probation to permanent separation from the College. They may also include any educational, remedial or corrective actions as warranted.

Statement on Privacy

The College will take all reasonable steps to investigate and respond to the complaint consistent with any request for privacy or request not to pursue an investigation. However, its ability to do so may be limited based on the nature of the request by the Complainant.

If the Complainant requests anonymity or that the College not pursue an investigation, the College must balance this request in the context of its responsibility to provide a safe environment for all College community members. In cases where the College cannot respect the request of the Complainant, the College will consult with the Complainant and keep him or her informed about the College’s course of action.

If the report of misconduct discloses an immediate threat to the College campus community, where timely notice must be given to protect the health or safety of the community, the College may not be able to maintain the confidentiality.

The College will assess any barriers to proceeding, including retaliation, and in cases where informal or formal resolution will take place, the College will inform the Respondent that Title IX prohibits retaliation and the College will take strong responsive action to protect the Complainant.

In cases involving Title IX, the College will consult the Title IX Director who is responsible for evaluating requests for confidentiality once the College has received a report of sexual violence.

Section VI: Interim Measures

Overview

During the investigation and prior to the final determination, the College may take appropriate Interim Measures to protect the parties involved. A Complainant or Respondent may request an Interim Measure or other protection or the College may impose Interim Measures at its discretion to ensure the safety of all parties, the College community, and/or the integrity of the process. These actions are not a presumption of responsibility for violation of the Standards of Conduct Policy. Interim measures may be imposed whether or not formal disciplinary action is sought by the Complainant, the Respondent, or the College.

Types of Interim Measures

The College, after consulting with the Complainant or the Respondent, will determine which measures are appropriate to ensure the Complainant and Respondent’s safety and equal access to employment:

  • Assistance in alternative College employment arrangements and/or changing work schedules, when possible
  • A “no contact” directive pending the outcome of an investigation. Such directives serve as notice to both parties that they must not have verbal, electronic, written, or third party communication with one another
  • Providing an escort to ensure that the employee can move safely across campus
  • Assistance identifying an advocate to help secure additional resources or assistance including off-campus and community advocacy, support and services
  • Issue a full, partial, or modified persona non grata (PNG) directive to the Respondent if appropriate
  • Any other remedy that can be tailored to the involved individuals to achieve the goals of this policy

The College will work with the Complainant and the Respondent to identify what interim measures are appropriate in the short term, and will continue to work collaboratively throughout the College’s process and as needed thereafter to assess whether the instituted measures are effective and, if not, what additional or different measures are necessary.  The Complainant and Respondent will be notified in writing of any or all Interim Measures that involve a Title IX case.

Section VII: Resources for Victims of Domestic Violence, Dating Violence, Sexual Assault & Stalking

Off-campus

While Gettysburg College attempts to offer a number of on campus resources, we encourage employees to go to the hospital for medical care, as the staff there is trained in evidence collection.

DPS can assist an individual who is seeking out a Sexual Assault Nurse Examiner (SANE) at the Gettysburg Hospital Emergency Department.  SANEs are trained to provide counseling, perform the examination to retrieve forensic evidence, and screen the victim for pregnancy and sexually transmitted infections (STI). Other off-campus resources are also available as listed below.

Gettysburg College also encourages employees to understand that the Protection of Victims of Sexual Violence or Intimidation (PSVI) Act is available and provides victims of sexual violence or intimidation a civil remedy that requires the offender to stay away from the victim regardless of whether the victim seeks criminal prosecution.

Other off-campus resources are also available as listed below.

Gettysburg Hospital

717-334-2121

YWCA of York 24 Hour Hotline

717-854-3131 and 800-262-8444

Mobile Crisis

866-352-0339


On-campus

Gettysburg College is committed to treating all members of the community with dignity, care, and respect. Gettysburg College recognizes that deciding whether to make a report and choosing how to proceed can be difficult decisions. Gettysburg College encourages any individual who has questions or concerns to seek the support of campus and community resources. These professionals can provide information about available resources, and procedural options, and assistance to both parties in the event that a report and/or resolution under this policy are pursued. Individuals are encouraged to use all available resources, regardless of when or where the incident occurred.

The Employee Assistance Program

1-800-673-2514 * Confidential Resource

Department of Public Safety

717-337-6911

Title IX Director/

717-337-6900

Victim Services Advocate

717-253-8292 * Confidential Resource

Pastoral Counseling

717-337-6280 * Confidential Resource

Sexual Misconduct Resource Site

www.gettysburg.edu/sexualmisconductresource

Human Resources

717-337-6202

Provost Office

717-337-6821

Confidential and Anonymous Reporting

Adams County, PA, which includes the borough of Gettysburg and surrounding area, has established an anonymous reporting protocol for victims of sexual assault. The purpose of this protocol allows Adams County, PA to develop an alternative to standard reporting procedures for sexual assault victims. If a sexual assault victim does not currently wish to involve police, there is still an option to have the forensic evidence collected in a timely manner. By providing victims with the opportunity to gather information, solidify their support system, and establish rapport with first responders, the county hopes to create an environment that encourages reporting, even for those victims who initially feel unable, unwilling or unsure about doing so. Victims choosing to have evidence collected while anonymously reporting the sexual assault can do so during the forensic exam at the Gettysburg Hospital. The Adams County District Attorney’s Office manages the anonymous reporting protocol.

Gettysburg College also provides an Employee Assistance Program (EAP) for use by employees. The EAP is available to provide regular full-time employees assistance with such problems as sexual or physical abuse, depression, marital and relationship conflict, stress, grief, critical incident stress, anxiety, and other personal matters. All full-time employees, regardless of performance, are eligible. The contact number the EAP is listed above.

All information relating to an employee's EAP participation is strictly confidential. Only the EAP provider maintains EAP records. The EAP provider does not release specific information about an employee's use of EAP services, unless the employee gives their advance written consent.

Gettysburg College partners with local victim services providers for those employees who wish to talk with a Victim Services Advocate regarding their experience. The VSA offers confidential crisis intervention, facilitates an on-campus support group, makes referrals as needed, help with accommodations, and provides accompaniment to medical and legal appointments as requested by students, staff, and faculty of Gettysburg College. If a person wishes, the VSA is able to inform them about the process of making an official report with the College, as well as the process of filing charges with the police.

Assistance for Victims: Rights & Options

Regardless of whether a victim elects to pursue a criminal complaint, the College will assist victims of sexual assault, domestic violence, dating violence, and stalking and will provide each victim with a written explanation of their rights.

In Pennsylvania, when an abuser is a present or past member of the victim’s household or family, the victim may be eligible for a Protection From Abuse ("PFA") order. PFA orders are court orders a judge can issue that require an abuser to stay away from a victim of domestic violence, dating violence or stalking.

When an abuser is not a present or past member of the victim’s household or family, adults and minors can petition for a Sexual Violence Protection Order ("SVPO"). For example, a SVPO could be granted for a victim who is sexually assaulted by a coworker, and who has no other relationship with the coworker – is not now or never was a family relation, spouse, dating partner, or member of the same household.

The Protection From Intimidation Order ("PFIO") was created to protect minors when the offender is age 18 or older. For example, a PFIO could be granted for a child whose sports coach or an adult friend of the family is stalking or harassing him or her.

PFA's, SVPO's, and PFIO's could include the following:

  • An order restraining the abuser from further acts of abuse;
  • An order directing the abuser to leave your household/place of residence;
  • An order directing the abuser to refrain from stalking or harassing you or other designated persons;
  • Other protections based on issues related to cohabitation, residency, employment, and child custody.

DPS will help put individuals who are interested in pursuing a PFA, an SVPO, or a PFIO in contact with local officials. Any employee who obtains a PFA, and SVPO, or a PFIO from Pennsylvania or any similar Order from a reciprocal State should provide a copy to DPS. An individual may then meet with DPS to develop a Safety Action Plan, which is a plan for DPS and the individual to reduce risk of harm while on campus or coming and going from campus. This plan may include, but is not limited to: escorts, special parking arrangements, providing a temporary cellphone, etc. DPS will help facilitate the reporting of PFA, SVPO, or PFIO violations to the local police.

While not the same as the above-referenced Court Orders, the College can issue a No Contact Directive. This includes, but is not limited to, communication that is written, verbal, or physical. Written communication is understood to include all electronic means of communication; including, but not limited to, email, instant messaging and text messaging. Verbal communication is understood to include phone calls and voice mail messages. A "no contact" directive may include additional restrictions and terms.

Section VIII: Additional information

The Violence Against Women Reauthorization Act of 2013

The Violence Against Women Act (VAWA) incorporated with the Campus Sexual Violence Elimination Act (Campus SaVE) requires crimes of domestic violence, dating violence and stalking incidents to be reported to campus security authorities or local police agencies.

TIMELY WARNING CAMPUS SAFETY ALERTS - NOTIFYING THE GETTYSBURG COLLEGE COMMUNITY ABOUT CRIMES:

In an effort to provide timely notice to the Gettysburg College community in the event of a serious incident which may pose a serious or on-going threat to members of the campus community, a Campus Safety Alert (timely warning) that withholds the names of victims as confidential and that will aid in the prevention of similar crimes, is sent primarily by blast email to all students and employees on campus – alerts can also be sent/communicated via Gettysburg’s text/voice messaging system and a variety of other notification methods as outlined in the emergency/immediate notification section of this brochure.

Campus Safety Alerts are generally written and distributed to the campus community by the Executive Director of Public Safety or a designee and they are routinely reviewed and approved by the Vice President for College Life and Dean of Students or a designee prior to distribution. The Executive Director of Public Safety has the authority to issue a Campus Safety Alert without such consultation if consultation time is not available. 

Timely warning Campus Safety Alerts are sent to the College community to notify members of the community about specific Clery Act crimes (as described below) that have been reported to DPS and that have occurred on campus or on non-campus property or public property, where it is determined that the incident may pose a serious or ongoing threat to members of the College community.  Such timely warnings provide an opportunity for individuals to take reasonable precautions for their own safety. 

Crimes that occur outside the campus’ Clery geography as stipulated will be evaluated on a case-by-case basis.  Gettysburg College is not required by law to issue a timely warning alert for off-campus crimes; however, if there is a crime that poses an ongoing or serious threat, this information may be distributed to the campus as a Public Safety Notice, as outlined and described in the below policy statement for Public Safety Notices.  Updates to the campus community about any particular case resulting in a Campus Safety Alert may be distributed via blast email, may be posted on the College website, may be shared with the Gettysburgian newspaper for a follow-up story, and may be distributed by the Executive Director of Public Safety or other member of the campus emergency response team (CERT); as deemed necessary.  Campus Safety Alert posters may also be posted by DPS in campus buildings when deemed necessary.  When Campus Safety Alerts are posted in campus buildings, they are printed on red paper and posted in lobby/entrance areas of affected buildings for a time period determined by the Executive Director of Public Safety or designee.

Campus Safety Alerts (timely warnings) may be distributed for the following Uniform Crime Reporting (UCR)/National Incident Based Reporting System (NIBRS) classifications:  murder and non-negligent manslaughter, sex offenses, robbery, aggravated assault, burglary, arson, hate crimes, and motor vehicle theft.

Alerts for the crimes of aggravated assault, motor vehicle theft, burglary, sex offenses, domestic violence, dating violence, and stalking are considered on a case-by-case basis and depend upon a number of factors.  These include the nature of the crime, the timeliness of the report, the continuing danger to the campus community—such as whether the perpetrator was apprehended—and the possible risk of compromising law enforcement efforts. For example, if an assault occurs between two students who have a disagreement, there may be no on-going threat to other Gettysburg College community members and a timely warning Campus Safety Alert would not be distributed. 

In cases involving sexual assault that can be typically reported long after the incident occurred, there is no ability to distribute a timely warning Campus Safety alert to the community.  Sex offenses will be considered on a case-by-case basis depending on when and where the incident occurred, when it was reported, and the amount of information known by the Department of Public Safety.

Typically, alerts or warnings are not issued for any incidents reported that are older than two weeks or 14 days from the date of occurrence as such a delay in reporting has not afforded the College an opportunity to react or respond in a timely manner.

The Executive Director of Public Safety or designee reviews all criminal and/or serious incidents to determine if there is an on-going threat to the community and if the distribution of a Campus Safety Alert is warranted.  Campus Safety Alerts may be issued for other crime classifications, as deemed necessary. 

Campus officials not subject to the timely reporting requirement are those with significant counseling responsibilities who were providing confidential assistance to an individual who reports sexual harassment or sexual violence, such as pastoral counselors and professional counselors. 

Ongoing Education and Awareness Programming

The College offers programs to faculty and employees to raise awareness about Title IX and the Violence Against Women Act.

  • Online Education through EverFi
  • New employee and new faculty orientation
  • Bystander intervention workshops

Section IX: Grievance/Appeal Procedure

This College Grievance/Appeal Procedure is available to employees after a determination has been made by a College administrator as discussed above in Section IV.

Purpose: The College Grievance/Appeal Procedure exists as a means to contest a determination that has been made regarding an alleged violation of the College’s Harassment and Discrimination-Free Workplace Policy, including any Title IX related claims. There are three grounds for which either party may grieve under this procedure:

  1. Unreasonable Sanction: The Complainant or the Respondent believes that the discipline/sanction imposed was unreasonable for the violation of policy for which the Respondent was found responsible;
  2. Procedural Error: A clear procedural error occurred during the investigative stage preventing either the Complainant and/or the Respondent a reasonable opportunity to prepare and present information to the investigator(s) that could have reasonably affected the outcome of the matter; or
  3. New Information: There is a discovery of new information that was not available at the time of the investigative process and which could have reasonably affected the outcome of the matter.

What Categories of Grievance Are Not Covered by the College Grievance/Appeal Procedure:

The College Grievance/Appeal Procedure does not apply to issues concerning compensation, classification, work standards, other College policies, matters that are beyond the control or jurisdiction of the College, or any disciplinary matter or termination unless the employee believes that such actions were the result of unlawful discrimination or harassment.

Additionally, dismissal of a faculty member for cause, non-reappointment of a non-tenured faculty member, or tenure/promotion issues may not be addressed with the College Grievance Appeal Procedure. These faculty issues, which may be addressed using procedures found in the Faculty Handbook, are under the purview of the Faculty Grievance Committee, a faculty committee that is distinct from the College Grievance Committee created under this policy.

The Grievance/Appeal Procedure is not a legal proceeding but a Gettysburg College community procedure created with the health and welfare of the College’s employees in mind. The College Grievance Appeal Procedure may be used freely without fear of retaliation, and the Co-Directors of Human Resources, working with the Vice Provost and/or the Director of Student Rights and Responsibilities, if appropriate, are available for assistance throughout the process.

Composition of the College Grievance/Appeal Committee:

Under this policy, Gettysburg College maintains a body called the College Grievance Appeal Committee. Members of this committee are appointed by the President of the College for terms of three years. The College Grievance Appeal Committee is composed of three tenured faculty members, three administrators, and three support staff members. The Chair of the College Grievance Appeal Committee (appointed by the President) will be a tenured faculty member and may serve as one of the four voting members of a grievance hearing panel.
The College Grievance/Appeal Committee receives harassment and discrimination training and is knowledgeable of the College’s Employee Harassment and Discrimination-Free Workplace Policy.

Grievance/Appeal Process

  1. The employee must file a Notice of Grievance Form within seven (7) business days of the determination with (1) the Co-Directors of Human Resources in the case where the grievant is an administrator or support staff member, (2) the Vice Provost in the case where the grievant is a faculty member, or (3) the Director of Student Rights and Responsibilities in the case where the grievant is a student employee. This form will ask the grievant to identify which of the three grounds (or combination of the three), referred to in the Purpose discussion above, he or she seeks to have addressed. The grievant will be asked to make a formal statement outlining the specifics of their grievance.
  2. Upon receiving the Notice of Grievance Form, the Co-Directors of Human Resources, the Vice Provost, or the Director of Student Rights and Responsibilities will forward the Notice to the Chair of the College Grievance Appeal Committee. From the appointed College Grievance Appeal Committee members, the Chair will select a hearing panel of an additional three members, including one staff member and one administrator. If a student is a party to the grievance, the student may request of the Chair of the College Grievance/Appeal Committee that the hearing panel include one student appointed by the Director of Student Rights and Responsibilities from the student members of the Student Conduct Review Board. The Chair will endeavor to have an appropriate level of diversity on the hearing panel. When appropriate, the President will assign staff support to assist with the administrative functions of the hearing panel.
  3. The hearing panel will meet to review the formal grievance/appeal within the context of the College Grievance/Appeal Procedure. The hearing panel may decide on the basis of the written grievance that the challenge does not satisfy one of the three grounds for a grievance. The hearing panel may engage in additional fact-finding including pre-hearing interviews and review of other materials reasonably necessary to decide whether one of the three grounds of the grievance have been met. If the hearing panel concludes that the challenge does not satisfy one of the three grounds, the hearing panel will promptly forward its decision (which is final) to the Co-Directors of Human Resources, the Vice Provost, and/or the Director of Student Rights and Responsibilities, and/or another administrator as appropriate.
  4. The hearing panel shall determine whether and to what extent the grievant may participate in the hearing and in pre-hearing matters and to the extent to which the grievant has access to documents reviewed by the hearing panel. In cases involving an issue or concern outlined in Section I only of the Employee Harassment and Discrimination-Free Workplace Policy (Employee and Student Sexual Harassment, Sexual Misconduct, Dating Violence, Domestic Violence, Stalking, and Sexually Inappropriate Behavior), if the hearing panel wishes to speak to the grievant or the respondent, either party may have an advisor of their choice present during the grievance proceedings.
  5. If and only if the hearing panel decides that one or more of the three grounds for a grievance are met, the hearing panel will promptly schedule a hearing. The hearing will not revisit the entire matter, but will be limited to addressing the grounds for the grievance. At this hearing, the burden of proof will be on the grievant to establish the foundation for the grievance by a preponderance of the evidence. The hearing will be a closed meeting, including only those persons whom the hearing panel deems necessary to address the grounds for the grievance. Witnesses will be present only when their testimony is being taken.
  6. In cases involving an issue or concern outlined in Section I only of the Employee Harassment and Discrimination-Free Workplace Policy (Employee and Student Sexual Harassment, Sexual Misconduct, Dating Violence, Domestic Violence, Stalking, and Sexually Inappropriate Behavior), both the grievant and/or the respondent may have an advisor of their choice present during the grievance. In cases involving other forms of harassment or discrimination, the grievant may choose any current faculty member, administrator, support staff member, or student who is not directly involved in the case to serve as his/her advisor. There will not be attorneys present for the parties in cases involving other forms of harassment or discrimination. In all cases, the role of an advisor is to support the grievant/respondent, but the advisor may not represent the grievant/respondent during the grievance. In all cases, the grievant/respondent may speak quietly with their advisor or request a short break in order to speak.
  7. The hearing panel will make a recommendation concerning the allegations of the grievance based on a majority vote. If there is no clear majority vote, the hearing panel will report the outcome to the appropriate administrator as set forth below.  Promptly after the completion of the hearing, the grievant will be advised of the recommendation of the hearing panel. The hearing panel will also advise one or more of the following persons: the Provost, if the grievant is a faculty member administrator or support staff member; or the Vice President for College Life, if the grievant is a student. If one of these administrators is the Complainant or the respondent in the original hearing, the hearing panel will advise the President of the College of its recommendation instead of that administrator. The hearing panel has no restrictions upon it as to what it may recommend: from a finding that the grievance is not established, to a reprimand, to further proceedings for dismissal of the employee.
  8. The administrator, who is advised of the outcome of the hearing as set forth in paragraph 7 above, will review promptly the recommendation of the hearing panel. This administrator, who is not bound by the recommendation of the hearing panel, will determine any resolution of the grievance, including a sanction, within the authority of their position. The decision of this administrator is final.

Section X: Consensual Sexual or Romantic Relationships

In General: There are special risks in any sexual or romantic relationship between individuals in inherently unequal positions of authority. At Gettysburg College, such positions include (but are not limited to) teacher and student, supervisor and employee, senior faculty and junior faculty, advisor and advisee, coach and athlete, and the individuals who supervise the day-to-day student living environment and student residents. Because of the potential for conflict of interest, exploitation, favoritism, and bias, such relationships may undermine the real or perceived integrity of the supervision and/or the evaluation provided by those in authority, particularly in the teacher-student context. These relationships may be less consensual than the individual whose position confers power or authority believes. The relationship is likely to be perceived in different ways by each of the parties involved, especially in retrospect.

Moreover, such relationships may harm or injure others in the academic or work environment. Relationships in which one party is in a position to review the work or influence the career of the other may provide grounds for complaint by third parties when that relationship gives undue access or advantage, restricts opportunities, or creates a perception of these problems. Furthermore, circumstances may change, and conduct that was previously welcome may become unwelcome. Even when both parties have consented at the outset to a romantic involvement, this past consent does not remove grounds for a charge based upon subsequent unwelcome conduct.

With Students: It is a violation of College policy and strictly prohibited for a faculty, administrator, or support staff member to engage in an amorous, dating, or sexual relationship with a currently enrolled Gettysburg College student except in the case of a relationship that begins before either the employee is employed by the College, or the student first enrolls at the College. Any faculty, administrator, or support staff member who is in such a pre-existing relationship with a student must disclose the relationship to the appropriate College official.  In the case of an administrator or support staff member, disclosures must be made to Co-Director of Human Resources, and faculty members must disclose the relationship to the Provost. After one year of service, spouses and domestic partners of Gettysburg College employees are eligible for tuition benefits at the College. This policy does not intend to alter this benefit; therefore, relationships with non-traditional students who are taking classes at Gettysburg College as a part of the employee tuition benefit are permitted.

With other employees: Amorous, dating, or sexual relationships between faculty, administrators, or support staff members are impermissible when the faculty, administrator, or support staff member has supervisory or evaluative responsibility for the other individual. It is a violation of College policy for a faculty, administrator, or support staff member to engage in an amorous, dating, or sexual relationship with a faculty member, support staff member, or administrator whom he/she evaluates, supervises, or over whom he/she can exercise employment authority in any way.

The College upholds that sexual or romantic relationships between faculty, administrators, or support staff members employed within the same department, even when consensual, and whether or not the faculty, administrator, or support staff members would otherwise be subject to supervision or evaluation by the faculty, administrator, or support staff member, is inconsistent with the proper role of the faculty, administrator, or support staff member, and should be avoided. Therefore, Gettysburg College strongly discourages such relationships.

Where such a relationship exists by virtue of marriage or partnership within the same department, the person in the position of greater authority or power will bear the primary burden of accountability, and must ensure that he or she does not exercise any supervisory or evaluative function over the other person in the relationship. Recusal is required and the recusing party must also notify their supervisor, department chair or dean in writing, so that such chair, dean, or supervisor can exercise their responsibility to evaluate the adequacy of the alternative supervisory or evaluative arrangements to be implemented. The chair, dean, or supervisor must utilize the alternative supervisory or evaluative arrangement. Administrators and support staff members must notify the Human Resources and Risk Management Office in writing when recusal is required. Faculty members must notify the Provost’s Office in writing when recusal is required.

Responsibility: The Provost’s Office will respond to issues arising from this policy involving faculty members. The Human Resources and Risk Management Office will respond to issues arising from this policy involving administrators or support staff members.

Ethics and Integrity Internal Reporting Process

Gettysburg College is committed to ethics, integrity and high standards in all of its business practices ("Conduct Standards"). Individuals associated with Gettysburg College are expected to act in a manner that reflects these Conduct Standards. For purposes of this policy, the term "associated with Gettysburg College" means faculty, employees, students, and visitors (collectively "College Associate(s)"). The Conduct Standards are more specifically expressed in the Faculty Handbook, Employee Handbook, Student Rights and Responsibilities Handbook, and other policies that are part of the College's Ethics and Integrity Program. This policy has been approved by the Board of Trustees, the Audit Committee, and the President's Council. The College's Ethics and Integrity Officer oversees this policy, in coordination with the Designated Authorities (as defined below).

Policy Statement:

Any College Associate with a question or concern relating to potential illegal or dishonest activity or other misconduct involving the College's business affairs or the use and management of College resources and information (a "Concern") is encouraged to report the Concern using the process described below under the section on "Ethic and Integrity Internal Reporting Process."1

The College will not tolerate retaliation against any College Associate reporting a concern. Retaliation includes, but is not limited to, any form of intimidation, reprisal, or harassment. Any College Associate who believes he/she is being retaliated against should contact the Ethics and Integrity Officer. If retaliation is found to have occurred, immediate and appropriate action will be taken to stop the retaliation, prevent its recurrence, and correct its effects. The College may take disciplinary action (up to and including termination) against any employee who has engaged in retaliatory conduct in violation of this policy.

Confidentiality will be maintained throughout the investigation, to the extent permitted by law and as otherwise may be reasonably required to conduct an investigation.

Ethics and Integrity Internal Reporting Process

Any College Associate with a Concern is encouraged to report it by calling the Gettysburg College Ethics and Integrity Hotline (1-844-362-9797). These reports will then be automatically directed to the College's Ethics and Integrity Officer, who will forward the information to one of the following individuals, depending on the nature of the Concern (identified collectively as Designated Authorities):

Designated Authorities are:

  • Vice Provost
  • Co-Directors of Human Resources and Risk Management
  • Director of Student Rights and Responsibilities

In the alternative, concerns may also be reported to a Co-Director of Human Resources or directly to the Ethics and Integrity Officer.

Concerns about the Ethics and Integrity Officer or the President should be directed to the Chair of the Audit Committee or the Chair of the Board of Trustees.

Reports should contain as much factual information as possible, including dates, names and any other information that can be corroborated to support the investigation.

Concerns filed in good faith that prove to be unfounded will not be subject to disciplinary action. A College Associate who knowingly files a false or materially misleading Concern is subject to disciplinary action.

Investigation Procedure

The College Associate who reports the Concern is not responsible for, nor is the College Associate the appropriate party to, investigate the activity or for determining fault or the need for corrective measures. All Concerns reported under this policy will be promptly, thoroughly, and impartially investigated.

The Ethics and Integrity Officer will oversee and coordinate any investigations undertaken pursuant to this policy.

The Ethics and Integrity Officer will review the Concern with the Designated Authority, determine the level of investigation the Concern warrants, identify the appropriate party to perform the investigation, determine if the facts do or do not support the Concern, and recommend any corrective actions. Designated Authorities will coordinate action with the Ethics and Integrity Officer.

The College will take appropriate corrective action to ensure that the Conduct Standards are upheld. If an investigation determines that corrective action is necessary, the corrective action will be implemented in accordance with the applicable Conduct Standards, e.g., the Faculty Handbook, Employee Handbook, and/or the Student Rights and Responsibilities Handbook.

Questions regarding this policy should be directed to the Ethics and Integrity Officer.

Confidentiality and Related Issues Regarding Students Records, Family Educational Rights and Privacy Act of 1974 (FERPA)

The Family Educational Rights and Privacy Act of 1974 (FERPA), as amended, is a federal law that governs how colleges and universities supervise and protect student records. FERPA: (1) assures access by students to their education records, (2) permits student review of their education records for accuracy, (3) guarantees use of the records only for legitimate educational purposes, and (4) controls release and disclosure of such records. FERPA is not a records retention statute; it does not define what records a College must maintain but rather, it governs the confidentiality of, and access to, those records that are maintained. Additionally, FERPA does not require the disclosure of records to third parties, but sets forth what may be disclosed to certain parties outside the College under certain circumstances.

Records Retention FERPA is not a records retention statute; it does not define what records the College must make or maintain. At Gettysburg College, no record will be made or retained unless there is a demonstrable need for it that is reasonably related to the basic purposes and needs of the College.

Education Records FERPA addresses and protects the student's "education records." That term is defined as records maintained by the College that are directly related or personally identifiable to a student, except:

  • A personal record kept by a faculty or staff member if it is kept in the sole possession of the maker of the records, used only as a memory aid, and is not accessible or revealed to any other person except a temporary substitute for the maker of the record.
  • An employment record of a student provided the record is used only in relation to the individual's employment with the College.
  • In most cases, records maintained by the Campus Security office.
  • Most records maintained by the health center and counseling services.
  • Alumni records that contain information about a student after he or she is no longer in attendance at the College and that do not relate to the person as a student.

Examples of education records include: personal files in the Office of Academic Advising, the student's transcript, Teacher Placement Records, Registrar's records other than the transcript, and Premedical Committee recommendations. A student's transcript is the official record of their academic standing and performance. It contains their grades and any actions of the Committee on Academic Standing, Honor Commission, and Student Conduct Review Board, which required their withdrawal from Gettysburg College. Upon readmission or the expiration of the term of suspension by the Honor Commission or Student Conduct Review Board, reasons for withdrawal are stricken from the transcript. Students may obtain copies of their transcripts from the Registrar's Office.

Disclosure of Education Records Internally: The College discloses education records internally without a student's prior written consent under the FERPA exception for disclosure to school officials with legitimate educational interests. A school official is a person employed by the College in an administrative, supervisory, academic or research, or support staff position (including law enforcement unit personnel and health staff); a person or company with whom the College has contracted as its agent to provide a service instead of using College employees or officials (such as an attorney, auditor, or collection agent); a person serving on the Board of Trustees; or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing their tasks.

A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill their professional responsibilities for the College.

Forwarding of Education Records Outside the College Other than as described below, most information contained in an education record may be released outside the College only with the written consent of the student.

However, FERPA provides that information contained in an education record may be released outside the College under certain circumstances, including:

  • Authorized Federal and State officials may be granted access to student records required for the audit and evaluation of federally supported educational programs or in connection with the enforcement of federal or state legal requirements related to such programs.
  • Student records may be released when required for compliance with a judicial order or lawfully issued subpoena provided that a reasonable attempt has been made to notify the student of such order or subpoena prior to the release of the record.
  • Student records may be released to accrediting organizations in order to carry out their accrediting functions.
  • Student records may be released to appropriate agencies in connection with the student's application for or receipt of financial aid.
  • The College may release to parents of a dependent student (as defined in the Internal Revenue Code) any information from the student's education records.
  • The College may release the content of student records to appropriate persons and organizations conducting studies for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction if and only if the studies are conducted in such a manner as will not permit the personal identification of students or their parents by persons other than representatives of the organization and provided that such information will be destroyed when no longer needed for purposes of the study. 
  • The College may release any information from any record about a student to any person if, in connection with an emergency, the knowledge of such information is judged necessary to protect the health and safety of the student or other persons. Such release of information will only be made in a serious emergency where such information is required by the person to whom it is released to meet the emergency and where there is not sufficient time for normal procedures to be followed.
  • The College may release the final results of a disciplinary proceeding against a student who is an alleged perpetrator of a violent crime or non-forcible sex offense if the College finds that the student committed a violation of the College's policies or rules. The College may only release the name of the student, the violation committed, and the sanction imposed. The College may also release the name(s) of other student(s) involved, such as the victim or witness, but only with the written consent of that student(s).
  • The College may release information to the student's parents regarding any violation of federal, state, or local law, or of any rule or policy of the College governing the use or possession of alcohol or controlled substances if the student is under the age of 21 and the College has determined that the student committed a disciplinary violation.

In addition to these circumstances, Gettysburg College identifies the following as directory information, which can be released without written consent of the student:

  • Student name, address (home, campus and email), home, cell, and campus telephone number, picture, date and place of birth, dates of attendance, enrollment status, course schedule, field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, degrees and awards received and the most recent educational agency or institution attended.
  • Any student wishing that such information about them not be released should notify the Office of the Registrar by September 15 of any given academic year so that the information can be deleted in the normal course of the preparation of its release.

Student’s Rights to Inspect and Challenge Education Records Under FERPA, the student has the right, to review all materials that are in that student's education records (as defined above), except:

  • Financial information submitted by the student's parents;
  • Confidential letters and recommendations associated with admissions, employment or job placement, or honors, to which the student has waived rights of inspection and review.
  • Letters, notations, and statements about students that were placed in the students' records prior to January 1, 1975, with the understanding that they would be confidential. Such items will not be used for purposes other than those for which they were specifically intended
  • Education records containing information about a student other than the inquiring student, in which case the College will permit access only to that part of the record that pertains to the inquiring student.
  • Students wishing to inspect their education records should contact the Office of Academic Advising for an appointment for this purpose. Records covered by FERPA will be made available within forty-five days of the student's request.
  • Students have the right to request the amendment of the student's education records that the student believes are inaccurate, misleading, or otherwise in violation of the student's privacy rights under FERPA. A student who wishes to ask the College to amend a record should write the College official responsible for the record, clearly identify the part of the record the student wants changed, and specify why it should be changed. If the College decides not to amend the record as requested, the College will notify the student in writing of the decision and the student's right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.

Policies Relating to Release of Information to Parents Gettysburg College does not release information about the education records of students without their written consent, except as referred to in 3. c. and d. above.

As noted in section (3) (D), the College may release to parents of a dependent student (as defined in the Internal Revenue Code) any information from the student's education records.

Additionally, the College also has a practice of proactively informing parents of dependent students about the progress of their son or daughter at the institution in certain situations: 

  • Recognizing that the first year of college is a transitional year for both the students and parents, the College sends deficiency reports home to parents of dependent students for the duration of the first year.
  • When a decision has been made by the College concerning academic or disciplinary matters that affects a student's continuance at the College, parents of dependent students will be informed directly by the College. This applies unless a student is an independent student (over 21, no longer dependent on parents, and not living at home) who has requested that information not be sent to their parents.

More Information about FERPA Questions about these policies (except those concerning financial aid) may be directed to the Office of Academic Advising. That office also handles requests for exception from normal College policy in this area. Students have the right to file a complaint with the U.S. Department of Education concerning alleged failures by the College to comply with the requirements of FERPA.

The name and address of the Office that administers FERPA is:

Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-5901 

Religious Observance Policy

Gettysburg College is fully committed to diversity, equity, and inclusion. If they choose, all faculty, administrators, and support staff have the right to engage in essential practices of their faith while minimizing conflict with work, academic or athletic requirements.

In order to recognize the practices of members of our Gettysburg College community, the College follows the following guidelines:

For Faculty/Administrators/Support Staff:

Requests by a faculty member for leave for religious accommodation may be granted under this Policy if the faculty member has made arrangements for any missed classes and the granting of the leave will not result in undue hardship for the College or its students. Faculty that miss scheduled class time due to a religious observance must make appropriate alternate arrangements for that missed time to minimize impact on the students’ learning and inform the department chair of those arrangements.

For Administrators and Support Staff, the use of vacation leave is governed by the Employee Handbook. Vacation days requested for the express purpose of religious observance will not be unreasonably denied by the staff member’s supervisor if the staff member has accrued vacation leave and the granting of leave or vacation time will not result in undue hardship for the Department or the College.  If the staff member has no accrued vacation leave available, the College will review any request for time off for religious observance consistent with the requirements of federal and state law.

Retaliation:

Any attempt to retaliate against an individual who files a religious accommodation request or otherwise utilizes this Policy is strictly prohibited.

Nothing in this Policy exempts a Gettysburg College faculty member, administrator, or support staff member from fulfilling their job responsibilities. Violations of this policy will be reported to the Chief Diversity Officer and/ or the Director of Human Resources and resolved with the assistance of the appropriate Vice President or the Provost.

The College wishes to draw attention to the following observances which are time sensitive in nature.  Please review the Religious and Spiritual Life calendar for additional information.

  • Eid al-Adha*
  • Rosh Hashanah *
  • Yom Kippur*
  • Christmas
  • Passover *
  • Easter
  • Eid al-Fitr*

*Some holy days start at the sundown of one evening and end at sundown or nightfall of the second evening.

Intellectual Property Policy

Purpose and Scope

Gettysburg College (the “Gettysburg” or the “College”) recognizes that in the course of performing their duties for the College, employees may develop Intellectual Property that has value not only to the College, but also to the greater community.  The purpose of this policy is to define the rights and responsibilities of Gettysburg College, and its employees. The prompt and open dissemination of the results of research and the free exchange of information among scholars are essential to Gettysburg’s fulfillment of its obligations as an institution committed to learning and education. Gettysburg also seeks to preserve traditional Gettysburg practices and privileges with respect to the publication of scholarly works, as well as to protect Gettysburg’s assets and reputation.

Key Terms

Intellectual Property – Intellectual property refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.  Some Intellectual Property is eligible for registration such as patents, copyrights or trademarks.  Throughout this policy the term Intellectual Property shall include Tangible Research Property, as defined below, whether or not the Tangible Research Property is eligible for patent, trademark or copyright protection. 

Author/Creator – This refers to the Gettysburg employee that has authored or created a work that constitutes Intellectual Property and that is subject to this policy. 

Patent – A utility patent is a property right granted by the government to an inventor for a new, non-obvious and useful process, machine, manufacture or composition of matter, or any useful improvement of one of the foregoing.  A design patent is a property right granted by the government to an inventor for an ornamental design.  Throughout this policy inventions subject to either utility or design patent protection are referred to as “Inventions.”

Copyright – In contrast to a patent, which protects an idea and its implementation, copyright protects the expression of an idea, not the idea itself. Copyright is a form of protection provided under federal law for "original works of authorship", including literary (which includes software code), dramatic, musical, architectural, cartographic, choreographic, pantomimic, pictorial, graphic, sculptural, and audiovisual creations. Copyright protection does not extend to any idea, procedure, process, system, title, principle, or discovery. Similarly, names, titles, short phrases, slogans, familiar symbols, mere variations of typographic ornamentation, lettering, coloring, and listings of contents or ingredients are not subject to copyright. Copyright covers the expression of works that are fixed in a tangible medium (e.g. written or recorded).

Tangible Research Property - Tangible research property (TRP) includes items produced in the course of research projects sponsored by Gettysburg or by external sponsors.  TRP includes such items as biological materials, engineering drawings, clinical data, computer software, integrated circuit chips, computer databases, prototype devices, circuit diagrams and equipment.

Ownership of Intellectual Property

Unless subject to a specific agreement between the Author/Creator of the relevant Intellectual Property and Gettysburg, and to the extent that the Intellectual Property can be owned by the Author/Creator then, as between the Author/Creator and Gettysburg, the Author/Creator shall own all right title and interest to the Intellectual Property.  Absent any obligation imposed by an agreement between the Author/Creator and Gettysburg, Gettysburg shall have no obligation to assist the Author/Creator with protecting or commercializing any Intellectual Property or avoiding any loss of Intellectual Property rights or protections.  Authors/Creators acknowledge that certain disclosure or failures to timely seek formal protections for some Intellectual Properties can result in a loss of rights or diminution of protections available and that Gettysburg bears no responsibility to prevent such an occurrence. 

Either prior to the creation of the Intellectual Property or at any point during its creation or later use, the Author/Creator and Gettysburg may enter into a formal agreement involving the funding, protection, commercialization, ownership or any other aspect of any Intellectual Property.  Such an agreement shall only be established if both the Author/Creator and Gettysburg mutually agree on the terms.

Works Put into Service of the College

Unless a written agreement governing the College’s use, licensing or ownership of any Intellectual Property is executed between the College and the Author/Creator, then to the extent that any Intellectual Property subject to this Policy is utilized by the College for its own internal use the Author/Creator agrees to grant, and hereby does grant, the College a perpetual, royalty-free, fully paid up, non-exclusive license to use and continue to use the Intellectual Property as long as such is for the Colleges internal use.  Non-limiting examples of internal use of Intellectual Property by the College include use of software to facilitate a College administrative or educational function, use of dramatic works to facilitate a dramatic performance produced by the College or use of educational materials for College coursework. 

Jointly Developed Works

If Intellectual Property is to be developed jointly between Gettysburg’s employees and employees or representatives of other institution(s)/organizations, Gettysburg shall negotiate an agreement in good faith with the other institution(s) which shall govern the ownership of the Intellectual Property as between it and the other institution(s).

Bayh-Dole Act

For any federally sponsored research, Gettysburg is obligated by federal regulations to promptly report (within two months) to the appropriate federal agency any inventions conceived or reduced to practice during the course of a government-sponsored research program.  The Author/Creator shall cooperate with Gettysburg in meeting any of the reporting requirements.  The Bayh-Dole Act permits a university, small business, or non-profit institution to elect to pursue ownership of an invention in preference to the government.

Procedure

In the event that an Author/Creator desires to engage Gettysburg in an agreement regarding any Intellectual Property the request should be made to the Executive Vice President who may require that the Author/Creator provide any information necessary to permit Gettysburg to evaluate whether to enter into a formal agreement with the Author/Creator.  Such information may include, among other things, the use of Gettysburg’s resources to develop the Intellectual Property, potential for protection of the Intellectual Property and potential for its commercialization.  Gettysburg shall have no obligation to engage in agreements with an Author/Creator or to act on any particular timeline if an agreement is explored.

Policy on Partisan Political Activity

The College, as a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code, is prohibited from participating or intervening in any political campaign on behalf of or in opposition to any candidate for public office.  Political intervention includes financial contributions and the publication or distribution of written or oral statements on behalf of or in opposition to a particular candidate.  There are no exceptions to this prohibition. 

At the same time, the College is dedicated to the pursuit of truth and acquisition of knowledge through the free expression of ideas, and it encourages students, faculty and staff, in their individual capacities, to participate fully in the political process during campaigns for public office as long as they do not involve the College.

In order to encourage the open exchange of ideas during partisan political campaigns for public office without jeopardizing the College’s tax-exempt status, all members of the College community must comply with the provisions of this policy with respect to their participation in national, state or local political campaigns.

  1. General.

All individuals and groups within the College community are prohibited from using College resources or the College’s name in connection with partisan political campaign activities.

All members of the College community are permitted and encouraged to engage in political activities in their individual capacities. When endorsing or opposing a candidate for political office, or taking a position on an issue for the purpose of endorsing or opposing a candidate for political office, individuals and groups within the College community must not mention their affiliation with the College or, if that affiliation is mentioned, must also make it clear that the views expressed are their own and not the views of the College. This is particularly important for those who frequently speak for the College in their official capacity.

College resources and facilities (including the College’s name, seal, signature, motto, mailing lists, email, email list servers and phone, mail or facsimile systems) may not be used for political campaign events or activities, political endorsements or issue advocacy undertaken for the purpose of supporting or opposing a candidate in a political campaign.

Political fundraising is strictly prohibited at all College events.

  1. Activities of Student Organizations.

Individual students and student organizations are free to engage in partisan political activities so long as their activities are not construed to express the viewpoint of the College.

  1. In-Classroom Activities of Faculty Members.

Faculty members are entitled to freedom of expression in the classroom.  Faculty members are not prohibited from making partisan political commentary in the classroom to the extent such commentary relates to the subject of instruction and is aimed at developing students’ complete understanding of an issue.  Nonetheless, in these instances, faculty members should make clear that the views expressed are those of the faculty member and not of the College.  Faculty members should avoid the persistent intrusion of partisan political commentary having no rational bearing on the subject of instruction. 

Faculty members are strictly prohibited from (i) penalizing or negatively assessing a student for expressing a political viewpoint that is contrary to, or critical of, the political viewpoint of the faculty member, and (ii) rewarding or otherwise preferentially assessing a student for expressing a political viewpoint that is in agreement with, or supportive of, the political viewpoint of the faculty member.  

A faculty member may provide in-classroom opportunities to speak on an equal basis to all legally qualified candidates for a public office, provided that the lecture is conducted in a manner that makes clear that the views expressed during the event are those of the speaker and not the College; the lecture is conducted for the purpose of educating students and not as a campaign rally or event; and the lecture relates to the subject of instruction and is aimed at developing students’ complete understanding of an issue.  Candidates may not receive financial remuneration from the College or the faculty member for their in-classroom appearance during a political campaign. 

  1. Use of College Facilities and Resources.

Student organizations may sponsor or host a political campaign event or political candidate, provided that the event is conducted in a manner that makes clear that the views expressed during the event are those of the student organizations and not of the College.  A student organization that hosts a political candidate is not required to invite or otherwise provide an opportunity to speak to all candidates seeking that office.  All such events must be authorized and supervised by the College. Student organizations may not use the event to conduct political fundraising or a political rally. Additionally, no College funds including Student Senate allocated funds may be used to support fundraising events or activities for political candidates.

The College, an academic department and an organization with official College functions (each, an “Official Organization”) may provide opportunities to speak at College events on an equal basis to all legally qualified candidates for a public office or may conduct a public forum to which all legally qualified candidates for a public office are invited and given equal opportunity to speak.  If an Official Organization extends an invitation to a candidate to speak in their capacity as a candidate, it must take steps to ensure that all legally qualified candidates are invited to a substantially similar event. Such events must be conducted in a manner that makes clear that the views expressed during the event are those of the speaker and not of the Official Organization or the College; the event must be conducted for the purpose of educating students (and not as a campaign rally or event); and the format and content of the event must be presented in a neutral manner that does not favor any candidate over the others.

Candidates may not receive any financial remuneration from the College for their appearance during a political campaign.

Official Organizations may invite a candidate for public office to appear at a College event for non-campaign related reasons and without inviting all other qualified candidates, provided that (i) the individual is chosen to speak solely for reasons other than their candidacy for political office, (ii) the individual speaks in their non-candidate capacity, (iii) no reference to the election is made, either by the individual or the Official Organization, and (iv) the Official Organization hosting the event takes reasonable steps to maintain a nonpartisan atmosphere at the event.  Campaigning at any such event is prohibited.  The Official Organization hosting the event must clearly indicate the capacity in which the individual is appearing, and no mention of the upcoming election should be made, whether at the event or in communications announcing the event.  The Official Organization hosting the event must make the following announcement at the beginning and conclusion of the event, "As part of the College’s educational mission and commitment to a liberal arts education, Gettysburg College is pleased to provide today’s forum for respectful discussion.  Gettysburg College does not support or oppose [candidate’s name] or any other political candidate and the opinions or viewpoints of the speaker are the speaker’s own and do not represent a statement of the College’s opinions or viewpoints.  I respectfully remind you that this is an educational opportunity for students and community members.  It is not a political rally and political fundraising at this event is prohibited.”"  This announcement must also be included in any advertisements of the event. 

External organizations may rent College facilities to host partisan political activities, provided that political fundraising is strictly prohibited at the event. 

Abusive Language

Profane and/or abusive language will not be tolerated.

Alcohol Policy

Employees should note the College's alcohol policy concerning consumption of alcohol by students: Gettysburg College does not encourage the use of alcoholic beverages by students. In compliance with current Pennsylvania laws, the College does not approve of the consumption of alcohol by students (or their guests) who are under the age of 21, on or off the campus.

For College events in which students are present, it is recommended that departments consult the College's Alcohol Policy Review and Advisory Board (APRAB) for guidance.

Campus Smoking Policy

There is extensive data within the scientific community that illustrates the harmful effects of secondhand smoke on non-smokers. In fact, the Environmental Protection Agency has classified second-hand smoke as a Class A carcinogen, a classification reserved for the most lethal environmental hazards, such as asbestos, benzene, formaldehyde and radon. Research has linked secondhand smoke to lung cancer, cardiovascular disease, asthma, bronchitis, pneumonia, middle ear infections, and nasal and eye irritation. The use of tobacco products is the leading cause of preventable illness and early death.

In an effort to promote a healthy, comfortable and productive work environment for the employees of Gettysburg College, the College has become a smoke-free workplace. Smoking in any form, including the use of electronic cigarettes and vapes, is prohibited inside all College-owned or leased buildings including both residential and non-residential buildings and all recognized student housing including fraternities. In addition, smoking is prohibited in any College-owned or rented vehicles. Individuals who choose to smoke must smoke outside and must stand at least 15 feet away from any campus building. For employees, the enforcement of this policy will rest with the individual supervisor in consultation with the Co-Directors of Human Resources and Risk Management. For students, enforcement of this policy will rest with the Office of College Life. Violations of this policy will result in disciplinary action for employees and students.

Information about tobacco cessation is available through the Human Resources and Risk Management Office.

Drug-Free Workplace and Drug-Free Campus

Please visit the Human Resources Office website for the full Drug-Free Workplace and Drug-Free Campus Policy.