Disability-Related College Policies

Westmoreland County Community College will not discriminate in its educational programs, activities or employment practices based on race, color, national origin, sex, sexual orientation, disability, age, religion, ancestry, union membership or any other legally protected classification. Announcement of this policy is in accordance with state law including the Pennsylvania Human Relations Act and with federal law, including Titles VI and VII of the Civil Rights Act of 1964, Title IX of the Educational Amendments of 1972, Section 503 and 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and the Americans with Disabilities Act of 1990. Inquiries should be directed to the Affirmative Action Officer at 724-925-4190 or in the Student Achievement Center, Youngwood, PA 15697.

Westmoreland County Community College has adopted an internal procedure providing for prompt and equitable resolution of complaints alleging discrimination, harassment and/or retaliation in violation of federal or state civil rights laws, including those laws enforced by the U.S. Department of Education, Office of Civil Rights. The departments of the Federal Government enforce the following laws that prohibit discrimination, harassment and/or retaliation in programs or activities that receive federal financial assistance:

• Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, and national origin. 
• Title IX of the Education Amendments of 1972 (20 U.S.C. Section 1681, et. seq.) prohibits discrimination on the basis of sex/gender; including sexual misconduct, sexual harassment and/or sexual violence. On May 4, 2020, the Department of Education Office for Civil Rights issued new Title IX regulations (DOE Regulations) which direct how educational institutions must address incidents of sexual assault and harassment involving both students and employees. 
• The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) as amended by the Campus Sexual Violence Elimination Act (SaVE Act) prohibits sexual harassment, sexual misconduct and acts of sexual violence, including sexual assault, domestic violence, dating violence and stalking . 
• Violence Against Women Reauthorization Act of 2013 (VAWA) which imposes new obligations under the SaVE Act including reporting requirements, student discipline and training for students and employees. 
• Sections 503 and 504 the Rehabilitation Act of 1973 prohibits discrimination on the basis of disability . 
• Age Discrimination Act of 1975 prohibits discrimination on the basis of age. 
• Title VII of the Civil Rights Act of 1964 (governed by U.S. Dept. of Labor), as it relates to employment . 
• Title II of the Americans with Disabilities Act of 1990 (prohibiting disability discrimination by public entities, whether or not they receive federal financial assistance).

On May 4, 2020, the Department of Education Office for Civil Rights issued new Title IX regulations (DOE Regulations) which direct how educational institutions must address incidents of sexual assault and harassment involving both students and employees. These most recent regulations have significantly changed schools’ obligations with regard to investigating and adjudicating incidents of sexual assault and harassment involving their students and employees. Consequently, changes are now required to the College’s current Title IX Policy and Complaint Procedure (Current Policy).

Since May 4, 2020, several lawsuits have been filed in various federal courts attempting to enjoin the implementation of the DOE Regulations. The outcome of many of these legal actions is still pending. Accordingly, the following changes to the Current Policy are being adopted on an interim basis. If the new Title IX regulations are upheld as issued, then these interim protocols will be added as revisions to the Current Policy without further action required by the Board of Trustees. If the new regulations are struck down, then this interim policy will become null and void and the Current Policy will remain in place. If partial implementation is ordered, then the Board of Trustees will be presented with a new Title IX Policy and Complaint Procedure which complies with the courts’ order(s). The College adopts the following Interim Additional Protocols for the Current Policy. Any conflict in terms of the Current Policy and these interim protocols are to be resolved in favor of these interim protocols and in accordance with the DOE Regulations

• Nondiscrimination Policy: The College does not discriminate in its educational programs, activities or employment practices based on race, color, national origin, sex, sexual orientation, gender identity or expression, disability, age, religion, ancestry, veteran status, union membership or any other legally protected classification.
• Definition of Sexual Harassment: The Current Policy definition of Sexual Harassment will be expressly revised to also include the Current Policy’s definitions of Sexual Assault, Dating Violence, Domestic Violence and Stalking . These definitions use the Clery Act and Violence Against Women Reauthorization Act definitions.
• Title IX Coordinator: The college's designated Title IX Coordinator is the Human Resources Department for employees and students. Persons who are not students or employees of the college having questions for or wishing to make a report to the Title IX Coordinator may contact the Human Resources Department or address an email to titleixcoordinator@westmoreland.edu . The Title IX Coordinator may be reached by mail at 145 Pavilion Lane, Student Achievement Center, Youngwood, PA 15697 or via email at directorhumanresources@westmoreland.edu. The Title IX Coordinator may be contacted by telephone as follows: Human Resources Department, 724-925-4143. The Title IX Coordinator is responsible for coordinating the college’s efforts to comply with the Current Policy and this interim policy. The college will post the Title IX Coordinator's contact information on the college website independent of this interim policy and the Current Policy in a manner intended to inform students, employees and applicants for admission and employment of the manner in which the Title IX Coordinator may be reached.
• Mandatory Response Obligations: The College will respond promptly to actual knowledge of allegations of Sexual Harassment in a manner which is not clearly unreasonable in light of the known circumstances. The College will have actual knowledge if a report is made to the Title IX Coordinator or in any other manner specified in the Current Policy. The Title IX Coordinator will promptly contact the Complainant confidentially to discuss the availability of supportive measures detailed in the Current Policy, consider the Complainant’s wishes with respect to supportive measures, inform the Complainant of the availability of supportive measures with or without the filing of a formal complaint and explain to the Complainant the process of filing a formal complaint. The College will follow the Grievance Process outlined below before imposition of any disciplinary sanctions or other actions that are not supportive measures against a Respondent. A Complainant’s wishes with respect to whether the College conducts an investigation will be respected unless the Title IX Coordinator determines that signing a formal complaint to initiate an investigation over the wishes of the Complainant is not clearly unreasonable in light of the known circumstances. If allegations in a formal complaint do not meet the definition of Sexual Harassment or did not occur in a College educational program or activity or against a person in the United States, then the College shall dismiss such allegations for the purposes of Title IX but may still address the allegations in any manner the College deems appropriate under its other applicable policies.
• Training /Title IX Coordinator, Investigator and Hearing Officer: The College shall provide training for the Title IX Personnel (Title IX Coordinator, Investigator and Hearing Officer). Separate individuals shall serve as Title IX Coordinator, Investigator and Hearing Officer in determining the outcome of each individual formal complaint. However, serving as Title IX Coordinator on one case will not prevent the same individual from serving as the Investigator on another distinctly different formal complaint so long as the individual has received training as both an Investigator and Title IX Coordinator. Title IX Personnel shall be free of conflicts of interest or bias for or against Complainants or Respondents. Training of Title IX Personnel shall include but not be limited to: the definition of Sexual Harassment; the scope of the College’s education programs and activities; how to conduct an investigation and grievance process including hearings, appeals and informal resolution processes, as applicable; how to operate any technology to be used in a live hearing; training on issues of relevance, including how to apply the rape shield protections provided for Complainants; and how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest and bias. The College shall post all of the Title IX Personnel training materials on its website.
• Grievance Process: 
  • Step 1: Formal Complaint/Notice. A formal complaint may be filed with the Title IX Coordinator in person, by mail or by electronic mail by using the contact information contained in this policy or by any other method specified in the Current Policy. Upon receipt of a formal complaint, both parties will be sent a written notice of complaint by the Title IX Coordinator. Such written notice shall contain the relevant allegations of the complaint. Both parties have the opportunity to select an advisor of the parties’ choice who may be, but need not be, an attorney. All formal complaints will be investigated.
  • Step 2: Investigation. The Title IX Coordinator shall select a trained Investigator to conduct an investigation of the formal complaint. The College may consolidate formal complaints where the allegations arise out of the same facts. The College will send the parties advance written notice of any investigative interviews, meetings, or hearings at which the party is expected to be present. The Investigator may gather information in multiple ways . The Investigator may collect relevant documents and other information and may also interview parties and/or witnesses. In addition, a Complainant or Respondent may: submit documentary information to the Investigator; submit a list of witnesses to be interviewed by the Investigator; and/or request that the Investigator attempt to collect documents and other information that are not accessible to the requesting party. Any privileged or otherwise legally protected information such as a party’s medical, psychological and similar treatment records will not be disclosed without the protected party’s written consent. Questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the Complainant’s prior sexual behavior are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or if the questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent. After the Investigator has concluded the collection of evidence, the Investigator will send the parties and their advisors all evidence directly related to the allegations, in electronic format or hard copy, with at least ten (10) calendar days for the parties to inspect, review, and respond to the evidence. This is the opportunity for the parties to identify New Evidence or Rebuttal Evidence. New Evidence is evidence that was not available earlier in the process, could not have been available based on reasonable and diligent inquiry, and is relevant to the matter. Rebuttal Evidence is evidence presented to contradict other evidence in the file, which could not have been reasonably anticipated by a party to be relevant information at the time of the investigation. New Evidence and Rebuttal Evidence may be included or excluded from the file, but in no event is this section intended to permit a party who has declined to give a statement about the incident during the Investigation to give such a statement for the first time after the Investigator has concluded the collection of all other evidence. This section is intended to be invoked in rare instances to allow for the inclusion of information that was not available during the investigation or that could not have been reasonably anticipated to be relevant to rebut an issue that came to light.
  • Step 3: Investigative Report. After the Investigator has received and considered the parties’ responses to the evidence, the Investigator will complete an Investigative Report that fairly summarizes the relevant evidence. The Title IX Coordinator will make the Investigative Report available to the parties and their advisors in electronic format or hard copy, with at least ten (10) calendar days for the parties to respond in writing to the Investigative Report. After the Title IX Coordinator has reviewed the parties’ responses to the Investigative Report, the Title IX Coordinator will make the determination whether to dismiss the Formal Complaint in accordance with the mandatory or discretionary dismissal criteria established by the DOE Regulations or to proceed to a hearing. The parties will be given a written notice of dismissal (mandatory or discretionary) specifying the reasons for dismissal.
  • Step 4: Hearing. Hearings may be conducted with any or all parties, witnesses, and other participants appearing at the live hearing virtually, with technology enabling participants simultaneously to see and hear each other, or with all parties physically present in the same geographic location. The presumption will be that the hearing will take place virtually, unless either party requests otherwise or the College otherwise determines that an in-person hearing is appropriate. If the hearing takes place with all parties physically present, the College will provide for the option for the hearing to occur with the parties located in separate rooms with technology enabling the Hearing Officer and parties to simultaneously see and hear the party or the witness answering questions. Hearings will be recorded through audio or audiovisual means or transcribed, and the College will make the recording or transcript available to the parties for inspection and review upon request. If a party does not have an advisor present at the hearing, the College will provide one without fee or charge. Such an advisor of the College’s choice may or may not be an attorney. The Hearing Officer will preside over the hearing and will issue a Written Determination Regarding Responsibility. The Hearing Officer will be identified to the parties before the hearing at least three days prior to the hearing. The Hearing Officer may or may not be a College employee but in any case will have undergone the College’s Title IX training program. At the hearing, the Hearing Officer will permit each party’s advisor to ask  the other party and any Witnesses all relevant questions and follow-up questions, including those challenging credibility. Such cross-examination at the hearing must be conducted directly, orally, and in real time by the party’s advisor and never by a party personally. The parties may, however, jointly agree in advance to waive oral cross examination and instead submit written cross examination to the Hearing Officer to conduct the examination. Even if the parties so agree, the parties are still required to have an advisor. The College has discretion to otherwise restrict the extent to which the advisor may participate in the proceedings. The Hearing Officer will permit parties and witnesses to take breaks, as needed, during cross-examination. The Hearing Officer will also ensure the advisors are conducting any live cross-examination in a professional and courteous manner. The Hearing Officer will not permit the advisor to badger or harass witnesses or parties  Only relevant cross-examination and other questions may be asked of a party or witness. Before a Complainant, Respondent, or witness answers a cross-examination or other question, the Hearing Officer must first determine whether the question is relevant and explain any decision to exclude a question as not relevant. The Hearing Officer will prohibit any questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior as not relevant, unless such questions and evidence about the Complainant’s prior sexual behavior are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or if the questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent. If a party or witness does not submit to cross-examination at the live hearing, the Hearing Officer must not rely on any statement of that party or witness in reaching a determination regarding responsibility. The Hearing Officer cannot draw an inference about the determination regarding responsibility based solely on a party’s or witness’s absence from the live hearing or refusal to answer cross examination or other questions. The Investigator will be available at the hearing to answer any questions from the Hearing Officer about the Investigation. After conclusion of the hearing, the Hearing Officer shall simultaneously issue to each party a Written Determination Regarding Responsibility, applying the preponderance of the evidence standard, which shall include: a) identification of the allegations potentially constituting Title IX Sexual Harassment; b) a description of the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held; c) findings of fact and conclusions about whether the alleged Title IX Sexual Harassment occurred, applying the definitions set forth in this policy and the Current Policy to the facts; d) the rationale for the result as to each allegation; e) any disciplinary sanctions imposed on the Respondent consistent with those in the Current Policy; f) whether any remedies or additional supportive measures will be provided to the Complainant; and g) information about how to file an appeal.
• Appeals: Appeals from a Written Determination of Responsibility may be made in the manner provided by the Current Policy with the addition of the following grounds for appeal: procedural irregularity that affected the outcome of the matter; newly discovered evidence that could affect the outcome of the matter; and/or Title IX Personnel had a conflict of interest or bias that affected the outcome of the matter.
• Informal Resolution: The college at its discretion may choose to offer and facilitate informal resolution options, such as mediation or restorative justice, so long as both parties give voluntary, informed, written consent to attempt informal resolution. The College will not offer the informal resolution process unless a formal complaint is filed. No offer of informal resolution will be made to resolve allegations that an employee sexually harassed a student. At any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint . Any person who facilitates an informal resolution will be well trained to do so prior to selection as a facilitator by the College . The College will not require as a condition of enrollment, continued enrollment, employment or continued employment the waiver of the right to a formal investigation and adjudication of formal complaints of sexual harassment.

Westmoreland County Community College strives to create a safe environment conducive to learning. As such, the Westmoreland campus community, in accordance with applicable state and federal laws, outlines the requirements for accessibility, behavior, and treatment of animals on campus within the below policy.

This policy applies to all students, employees, and visitors to the Youngwood Campus or Centers.

All domestic animals on college property, including open space, athletic fields, playing fields and intramural areas, must be leashed and under personal control of the owner at all times .  Animals are not to be tied to or secured to trees, posts, shrubs and/or left unattended . Each owner is responsible for his/her animal, including clean-up.  

To protect public health and safety, animals are not permitted in college buildings, subject to the following exceptions: 

• A service animal assisting an individual with a disability 
  • The service animal must be under the control of its handler .  Where it is not readily apparent that an animal is a service animal, the College may ask if the animal is required because of a disability and what work or task the animal has been trained to perform.
  • Westmoreland may exclude a service animal if the animal is not housebroken; would pose a direct threat to the health, safety or property of others that cannot be reduced or eliminated by a reasonable accommodation; is out of control and the individual does not take effective action to control it; would fundamentally alter the nature of a program or activity; or is not being cared for the by the individual.
  • Westmoreland is not responsible for the care or supervision of service animals .  Individuals handling a service animal are responsible for the control of their animals at all times and for ensuring the immediate clean-up and proper disposal of all animal waste .  Individuals must comply with all applicable laws and regulations, including vaccination, licensure, animal health and leash laws.
  •  Although Westmoreland may impose charges for damages caused by a service animal in the same manner the College imposes charges for damages to property,
• A service animal or professional therapy dog accompanied by a qualified handler or professional trainer in certain areas open to the general public, subject to the restrictions and requirements set forth in the applicable Pennsylvania state statutes.
• Animals used as part of an academic, or college sponsored, program. 

Emotional support animals are not allowed on campus without prior approval.  If a student has a diagnosis that is included in Section 504 of the Rehabilitation Act of 1973 or Title II of the American with Disabilities Act, then the support animal will be considered in the request for accommodations that is coordinated by the Counselor for Disability Services.  Students must follow the accommodation request process. 

All animals on Westmoreland's campus must have current vaccinations evidenced by a tag on the animal or a vaccination certificate in the immediate possession of the owner.  

A control agency will be called to remove and impound disruptive, aggressive, unattended or at-large animals.  All animals are subject to the applicable county and/or borough codes regulating animals. 

Service Animal:  A “service animal” is one that is individually trained to do work or perform tasks for the benefit of an individual with a disability, and the work or tasks performed by the animal are directly related to the individual’s disability. This definition encompasses all “service animals” as defined by the applicable regulations to the Americans with Disabilities Act . 

Domestic Animal: Domestic animals are those species of animals that normally and customarily share human habitat and are normally dependent on humans for food and shelter, including dogs, cats, and other common domestic animals, but not including feral or wild animals.  Service animals are not considered domestic animals for the purpose of this policy.