Reporting

As outlined in Emergency Support Services in the Event of a Sexual Assault section of this policy, the College encourages all individuals to seek assistance from a victim advocate, a medical provider, and/or law enforcement immediately after an incident of sexual violence.

Law Enforcement | Campus Options | Third Party | Considerations |
Timeliness |Amnesty | Retaliation | False Reporting | Reports Involving Minors

A. Overview

The College encourages all community members to report sexual misconduct in order to achieve a campus environment that maximizes its community members’ academic pursuits and positive feelings of community. The College will respond to any information it receives, whether from a complainant or third party against a named respondent.

The College is committed to providing a variety of welcoming and accessible means of reporting sexual misconduct so that all instances of sexual assault
or harassment will be reported. All Swarthmore community members, even those who are not obligated by the College’s Sexual Assault and Harassment Policy, are strongly encouraged to report information regarding any incident of sexual misconduct to the Title IX coordinator. The Title IX coordinator is specifically charged with coordinating the initial assessment, initiating an investigation, and responding to allegations of sexual misconduct to stop the harassing conduct, address its effects, and prevent its recurrence.

With the exception of those employees who have legally recognized confidentiality as described in Confidential resources and support within this policy (Worth Health Center medical staff, victim advocate, Counseling & Psychological Services (CAPS) counselors, and religious advisers), all College employees, including faculty, staff, administrators, and student employees or volunteers who have responsibility for the welfare of other students, are required to share with the Title IX coordinator any report of sexual misconduct they receive or of which they become aware. Student employees and volunteers who are required to
share reports with the Title IX coordinator include, for example, resident assistants (RAs), Student Academic Mentors (SAMs), Drug
and Alcohol Response Team members (DART Team), and SWATeam. These individuals are required to share with the Title IX coordinator all information of which they are aware, including the identities of the parties in the sexual misconduct, if known.

At the time a report is made, a complainant does not have to decide whether or not to request disciplinary action. Choosing to make a report and deciding how to proceed after making the report can be a process that unfolds over time. To the extent possible, the College will respect an individual’s autonomy in making these important decisions and provide support that will assist each individual in making that determination.

The College recognizes that not every individual will be prepared to make a report to the College or to
law enforcement, and individuals are not expected
or required to pursue a specific course of action. As outlined in the Resources section of this policy, there are confidential resources on campus and in the community available to individuals who want support, regardless of whether they currently plan to make a report to the College. Information shared with these confidential resources will not be reported to the College. 

As outlined in the Statement Regarding Privacy, the College respects the privacy interests of students, faculty, and staff.  All information reported to the Title IX coordinator will be shared only with those College employees or agents who will assist in the investigation and/or resolution of the complaint.  

The Title IX coordinator, working with the
Title IX team, will ensure that the College responds
to all reports in a timely, effective, and consistent manner. The Title IX team consists of the Title IX coordinator, deputy Title IX coordinators, the dean of students, senior class dean and director of student conduct, director of public safety, and others,
 as applicable. The Title IX team is charged with coordinating the review, investigation, and resolution of all reports to ensure consistent responsiveness, and the integrated provision of interim measures
 to support the individuals involved and to protect
the College community. The College is committed
to using a consistent and informed response to create a culture of accountability. The Title IX team 
is positioned to provide seamless support, assess individual and campus safety, and effectively respond to allegations of sexual misconduct.

The College will promptly review and respond to
all reports of sexual misconduct in 
an integrated, consistent manner that treats each individual with dignity and respect. The College will approach each report with an earnest intent
to understand the perspective and experiences of each individual involved in order to ensure fair and impartial evaluation and resolution.

B.  Reporting to Law Enforcement

In addition to a College response, the College also encourages complainants to pursue criminal action for incidents of sexual misconduct that may also be crimes under Pennsylvania criminal statutes. The College will assist a complainant, at the complainant’s request, in contacting local law enforcement and will cooperate with law enforcement agencies if a complainant decides to pursue the criminal process to the extent permitted by law. Except where the complainant is less than 18 years old, the College will generally respect a complainant’s choice whether or not to report an incident to local law enforcement, unless the College determines that there is an overriding issue with respect to the safety or welfare of the College community. Where a report involves suspected abuse of a minor less than 18, the College is required
by state law to notify law enforcement and/or the Pennsylvania Department of Public Welfare division of Child Welfare Services.

The College’s policy, definitions, and burden of
 proof may differ from Pennsylvania criminal law. 
A complainant may seek resolution through the College’s complaint process, may pursue criminal action, may choose one but not the other, or may choose both. Neither law enforcement’s determination whether or not to prosecute a respondent nor the outcome of any criminal prosecution are determinative of whether sexual assault or harassment has occurred under this policy. Proceedings under the College’s Sexual Assault and Harassment Policy may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus.

C. Campus Reporting Options

The College recognizes that a student or employee may choose to report sexual misconduct to any employee of the College. For example, a student may choose to confide in an assistant dean, a resident assistant (RA), a faculty member, or a coach. An employee may choose to confide in a supervisor or colleague. Under this policy, any employee, other than those deemed confidential by law, who receives a report of sexual misconduct, is required to share the report with the Title IX coordinator.

To enable the College to respond to all reports in a prompt and equitable manner, the College encourages all individuals, who are not identified as required reporters, to directly report any incident to 
the Title IX coordinator, a deputy Title IX coordinator, Public Safety official, or the Dean of Students Office.

Campus Reporting Options

Title IX Coordinator│Kaaren Williamsen
504 Fieldhouse Lane │610-690-3720

Dean of Students│Liz Braun
Dean's Office, Parrish Hall 108/140│(610) 328-8365

Director of Public Safety│Michael J. Hill
Benjamin West House│610-328-8067

Deputy Title IX Coordinator - Dean's OfficeLili Rodriguez
Associate Dean of Diversity, Inclusion, and Community Development
Parrish Hall 140 | 610-690-5767

Deputy Title IX Coordinator - Provost's OfficeSunka Simon
Associate Provost for Faculty Development and Outreach
Parrish Hall 229 | 610-690-7354

Deputy Title IX Coordinator - Human ResourcesZenobia Hargust
Human Resources Manager
Pearson 010│610-328-8398

Deputy Title IX Coordinator - Physcial Education & AthleticsNnenna Akotaobi
Associate Athletics Director and Senior Woman Administrator
Fieldhouse 161 │610-328-8222

D.  Third Party Reporting 

Any individual may make a report concerning an act of sexual misconduct. An individual may report the incident without disclosing or identifying parties involved. Depending on the level of information available about the incident or the individuals involved, third party reporting may impact the College’s ability to respond or take further action. 

The College has created an online form for reporting. As with all other reports, all reports of sexual misconduct will go to the Title IX coordinator for review and appropriate response and action. The Title IX coordinator or their designee will respond to all reports submitted.  Where there is sufficient information, the College will ensure that third party reports are reviewed and included for compliance with the Clery Act.

E.  Reporting Considerations

Timeliness of Report, Location of Incident | Amnesty for Personal Use of
Alcohol or Other Drugs
| Statement Against Retaliation | False Reporting | Reports Involving Minors

1. Timeliness of Report, Location of Incident

Complainants and third-party witnesses are encouraged to report sexual misconduct as soon as possible in order to maximize the College’s ability to respond promptly and effectively. The College does not, however, limit the timeframe for reporting. If the respondent is no longer a student or employee, the College may not be able to take disciplinary action against the respondent, but it will still seek to meet its Title IX obligation by taking steps to end the harassment, prevent its recurrence, and address its effects.

An incident does not have to occur on campus to be reported to the College. Off-campus conduct that
is likely to have a substantial adverse effect on any member of the Swarthmore College community or the college itself may be covered under this policy.

2. Amnesty for Personal Use of Alcohol or Other Drugs

The College seeks to remove any barriers to reporting. The College will generally offer any student, whether the complainant or a third party, who reports sexual misconduct limited immunity from being charged for policy violations related to the personal ingestion of alcohol or other drugs, provided that any such violations did not and do not place the health and safety of any person at risk. The College may choose, however, to recommend educational or therapeutic remedies for those individuals.

3. Statement Against Retaliation         

As stated above, retaliation is a violation of College policy. The College recognizes that retaliation can take many forms, may be committed by or against an individual or a group, and that a respondent or third party may also be the subject of retaliation by another individual, including the complainant.  

An individual reporting sexual misconduct is entitled to protection from any form of retaliation following a report that is made in good faith, even if the report is not later substantiated.

4. False Reporting

The College takes validity of information very seriously as a charge of sexual misconduct may have severe consequences.

A reporting party who makes a report that is later found to have been intentionally false or made maliciously without regard for truth may be subject to disciplinary action. This provision does not apply to reports made in good faith, even if the facts alleged in the report are not substantiated by an investigation.

Similarly, a party or witness who is later proven to have intentionally given false information during the course of an investigation or judicial action may be subject to disciplinary action.

5. Reports Involving Minors

Any Swarthmore College employee who has reasonable cause to suspect abuse of a child (an individual under the age of 18) that the employee
 has come into contact with during the course of employment must make a report to the Department of Public Safety, which will facilitate a report to local law enforcement and the Pennsylvania Department
of Public Welfare division of Child Welfare Services.  This requirement applies to an employee’s suspicion of past or present abuse of a person who is a child at the time of the report. All other members of the Swarthmore College community (students, visitors, guests, etc.) are strongly encouraged to report whenever child abuse is suspected.

Reports directly to the Pennsylvania Department
of Public Welfare’s ChildLine and Abuse Registry 
can be made anonymously (800-932-0313 or online). In order to ensure that
 the College gives the suspected abuse appropriate attention, employees are also required to report suspected abuse internally as described in the following steps.

Internal reports will be handled
 with discretion and in cooperation with the state’s Department of Public Welfare or local authorities.
To report suspected abuse, if the child is in immediate danger, call ext. 8333 (if on campus) or 911.

To report suspected abuse, if the child is not in immediate danger, call:

  • Swarthmore College Department of Public Safety at 610-328-8333 and either Swarthmore Borough Police Department at 610-543-0123; or
  • Pennsylvania Department of Public Welfare’s ChildLine at 800-932-0313.

For additional information, consult the College's full policy on Reporting Child Abuse.