Chapter 3356-2 Equal Opportunity Employment

3356-2-01 [Rescinded] Equal opportunity discrimination complaint procedure.

Effective: 10/5/2015
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: Prior to 11/4/77, 8/15/98, 4/24/00, 5/21/99, 6/16/03, 8/23/10

3356-2-02 Equal opportunity and affirmative action recruitment and employment.

(A) Policy statement. Youngstown state university is committed to the principles of affirmative action and equality of treatment and opportunity without regard to sex (including pregnancy), race, religion, color, age, national origin, sexual orientation, gender identity and/or expression, disability, veteran or military status or any other basis protected by law (protected class status).

(B) Principles.

(1) It is the responsibility of the entire university to create a campus environment that values all individuals and groups, to provide for equality of opportunity, and to maintain openness to diversity of ideas and experiences.

(2) The commitment of the university is promulgated, in part, by the affirmative action plan.

(3) The affirmative action plan outlines the parameters of the university's affirmative action practices in recruitment and employment, which are reported regularly to the board of trustees.

(C) Procedures.

(1) University employment and personnel actions and access to university-sponsored training, education, tuition assistance, social and recreational programs will be administered in accordance with applicable state and federal regulations, executive orders, and university policies.

(2) The office of equal opportunity and policy development is responsible for the development and implementation of the university's equal opportunity and affirmative action policies and for receiving complaints of discrimination or harassment based on protected class status.

(3) The office of equal opportunity and policy development in coordination with the office of human resources shall monitor recruitment and employment practices for compliance with applicable legal requirements and university policies.

(4) The office of equal opportunity and policy development in conjunction with the office of human resources may require additional and/or specific efforts outside of the standard employment search process in furtherance of the university's equal employment and affirmative action goals. Such efforts include but are not limited to the drafting of job postings, the selection of applicants for interview, and advertisement and recruitment methods.

(5) Specific information regarding equal opportunity recruitment and employment is found on the office of equal opportunity and policy development website athttp://cms.ysu.edu/administrative-offices/equal-opportunity-and-policy-compliance/equal-opportunity-and-policy.

(6) The university's affirmative action plan is available for viewing in the office of equal opportunity and policy development.

Replaces: 3356-2-02

Effective: 10/10/2016
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 6/16/03, 8/23/10, 1/23/12, 10/5/15

3356-2-03 Discrimination/harassment.

(A) Policy statement. Youngstown state university ("university") does not discriminate on the basis of race, color, national origin, age, sexual orientation, gender identity and/or expression, disability, or veteran status or any other basis protected by law in its programs or activities. The university is firmly committed to maintaining a working and learning environment free of discrimination and harassment of any employee, applicant for employment, student, or visitor. The university community seeks to eliminate discrimination and harassment through education and encourages staff, faculty, students, visitors, and volunteers to report concerns or complaints. Prompt corrective measures will be taken to stop discrimination and harassment whenever it occurs.

(B) Purpose. The purpose of this policy is to establish expectations for institutional and individual conduct, aid the university community in recognizing and preventing discrimination and harassment, and provide effective reporting and response mechanisms. For purposes of this policy, the university community includes, but is not limited to, all university employees, students, and any other individual visiting or engaging in any university activity or program.

(C) Scope. This policy applies to students, faculty, employees (including student employees), third parties, campus visitors, or other individuals engaged in any university activity or program, regardless of sexual orientation or gender identity, and whether on or off campus. The prohibitions of this policy may, in some instances, be broader in scope than the legal prohibitions of state, federal, or other laws prohibiting discrimination or harassment. A determination that this policy has been violated is not equivalent to a violation of law.

(D) Definitions. For the purpose of determining whether a particular behavior or course of conduct constitutes discrimination or harassment under this policy, the following definitions shall be used:

(1) "Discrimination." Conduct that is based on an individual's sex, race, color, religion, national origin, age, sexual orientation, gender identity and/or expression, disability, or veteran/military status or any other basis protected by law that:

(a) Adversely affects a term or condition of an individual's employment, education, or participation in a university activity or program; or

(b) Is used as the basis for a decision affecting an individual's employment, education, or participation in a university activity or program; or

(c) Has the purpose or effect of unreasonably interfering with an individual's employment or educational performance or creating an intimidating, hostile, offensive, or abusive environment.

(2) "Harassment." Conduct, or a course of conduct, that degrades or shows hostility toward an individual or group of individuals based on sex, race, color, religion, national origin, age, sexual orientation, gender identity and/or expression, disability, or veteran status or any other basis protected by law, and has the purpose or effect of:

(a) Unreasonably interfering with an individual's employment or education; or

(b) Creating a hostile, intimidating, or offensive working, living or educational environment.

(3) "Sexual harassment." Unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, directed at a member of the same or different sex or sexual orientation when it meets any of the following:

(a) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, academic status, or participation in a university program or activity.

(b) Submission to or rejection of such conduct by an individual is used as the basis for employment, academic, or programing decisions affecting the individual.

(c) The conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance or creating an intimidating, hostile, or offensive employment, academic, or participation environment.

(4) Examples of inappropriate conduct which may constitute sexual harassment include but are not limited to:

(a) Sexual advances or propositions, either explicit or implied.

(b) Sexually suggestive or sexually degrading innuendo, comments or gestures.

(c) Remarks or inquiries about sexual activity, sexual orientation, or gender identity or expression.

(d) The display or communication of sexually oriented material (including through e-mail or other electronic means).

(e) Unwanted touching, hugging, or contacting another's body.

(E) No supervisor (including a faculty supervisor), manager, or official representative of the university shall directly or indirectly imply or threaten that an applicant, employee, or student's submission to or refusal of sexual advances will positively or negatively affect his or her employment, employment conditions, career development, or academic status. This prohibition includes, but is not limited to, instructors, faculty members, graduate assistants and teaching assistants.

(F) Employee-student consensual relationships. Relationships that might be appropriate in other contexts may, within a university setting, create the appearance or basis for an abuse of power or of undue advantage. Many university employees are entrusted with advising and mentoring students, evaluating their work, and recommending students for advancement in employment, programs or academia. The unequal institutional power which is inherent in such a relationship heightens the vulnerability of both the student and employee for possible abuse or coercion and can present real or perceived conflict.

(1) For purposes of this policy, a consensual intimate or sexual relationship is a relationship of an intimate, dating, and/or sexual nature entered into with the consent of both parties (hereinafter referred to as relationship for purposes of this policy).

(2) This policy applies to employees and individuals, whether paid or unpaid, who teach, coach, evaluate, supervise, advise, control, or influence student employment, academic, or resource opportunities. These individuals include but are not limited to:

(a) Faculty and instructors (including visiting faculty/instructors),

(b) Graduate students,

(c) Teaching assistants,

(d) Academic advisors,

(e) Coaches,

(f) Residence hall professional staff.

(3) Undergraduate students. Because of the elevated risk and the potential exposure of the university and employees to liability for violation of laws against sexual harassment and discrimination, no employee/individual as defined in this rule shall enter into a relationship with a Youngstown state university undergraduate student regardless of whether or not there is a direct supervisory or evaluative relationship between them. Should a relationship predate either admission or employment with the university, the individuals involved in the relationship shall inform his/her immediate supervisor and dean and alternate supervisory or academic arrangements shall be made. This prohibition does not apply to married couples: however, rule 3356-7-01 of the Administrative Code regarding conflicts of interest should be consulted.

(4) Graduate students.

(a) Relationships involving graduate students can also raise issues of conflict of interest, favoritism, and exploitation: therefore, no employee/individual should enter into a relationship with a university graduate student under his/her supervision, evaluation, or advisement. Should such a relationship arise or predate the institutional relationship, the employee/individual must promptly notify his/her supervisor in order to make alternate arrangements (where appropriate). This prohibition does not apply to married couples.

(b) In those instances where a faculty member/instructor and a graduate student enter into a relationship and are in the same department or affiliated with the same graduate program, the possibility exists that the faculty member/instructor could influence the academic evaluation or advancement of the student. Therefore, such relationships must be disclosed promptly by the faculty member/instructor to his/her department chair upon the beginning of the relationship. A relationship that predates the effective date of this policy must also be promptly disclosed to the applicable department chair. If the relationship involves a department chair, then the disclosure shall be made to the appropriate dean.

This prohibition does not apply to married couples: however, effective management of department and/or program integrity is paramount and such situations will be considered on a case-by-case basis and dealt with in consultation with the chair, dean, and provost.

(c) Rule 3356-7-01 of the Administrative Code regarding conflicts of interest should be consulted for situations involving married couples.

(G) Duty of managers and supervisors to act. Any supervisor, including executive and administrative officers, chairs, executive directors/directors, or faculty supervisor who becomes aware of information that would lead a reasonable person to believe that harassment and/or discrimination has or is occurring shall notify the office of equal opportunity and policy compliance ("EOPC") and/or human resources promptly but no later than five working days after becoming aware of the information. The office of human resources shall promptly notify EOPC.

(H) Complaint procedures.

(1) The university encourages all persons who believe they have experienced or witnessed discrimination or harassment to promptly file a complaint with EOPC. A complaint may be formal or informal. However, a complaint alleging a violation of this policy must be filed within three hundred days of the behavior or the last incident at issue. Delays in filing or reporting may make it more difficult for the university to conduct an investigation.

(2) An individual also has the right to file a complaint with external agencies, including, but not limited to, the Ohio civil rights commission, the equal employment opportunity commission and/or the department of education. Utilizing the university's internal complaint procedure does not extend the deadline for filing a complaint with the external agencies. However, it is recommended that the complainant first exhaust the internal complaint procedures by promptly reporting the complaint.

(3) The university may assume the role of a complainant and pursue a complaint either informally or formally when it obtains information that would lead a reasonable person to believe that this policy has been violated. In these instances, the university may take any action it deems appropriate, including informing the alleged perpetrator of the complaint and pursuing an investigation even in cases where an alleged victim of harassment or discrimination is reluctant to proceed. The alleged victim will be notified in advance when such action is necessary.

(4) Complaint investigations will follow the procedures set forth in the university's "Guidelines for Initiating and Investigating Complaints of Discrimination and Harassment." These guidelines may be obtained from EOPC.

(5) Information related to a report of discrimination and/or harassment will only be shared with those university employees who need to know in order to assist in the review, investigation, or resolution of a complaint. The university will make every reasonable effort to conduct all proceedings in a manner that will protect the privacy of all parties. Parties to the complaint should treat the matter under investigation with discretion and respect for the reputation of all parties involved.

(I) Interim measures. During the course of an investigation, it may be necessary and advisable for the university to take appropriate interim measures that are reasonably available to alleviate the conduct which is the basis of a complaint. These interim measures may include, but are not limited to, separating the parties, placing limitations on contact between the parties, or making alternative academic, living or workplace arrangements. Failure to comply with the terms of interim measures is a violation of this policy and may result in corrective measures, even if the initial complaint is not proven.

(J) Non-retaliation. University policy and state and federal law prohibit retaliation against an individual for reporting discrimination or harassment or for assisting or participating in an investigation. Persons who believe they are experiencing retaliation for reporting or participating in an investigation of a complaint are strongly encouraged to contact EOPC. Any person found to have retaliated against another for reporting, participating, or cooperating in an investigation will be in violation of this policy and will be subject to corrective measures and/ or sanctions independent of the merits of the original complaint.

(K) Corrective measures.

(1) When it has been determined that discrimination, harassment, or retaliation has occurred, steps will be taken to ensure that the prohibited behavior is stopped. Corrective measures and/or sanctions will be imposed consistent with the severity of the offense, applicable university procedures, and collective bargaining agreements. Corrective measures may include sanctions and/or discipline up to and including termination for employees and expulsion for students. In the event that a record of such sanctions will become a part of an employee's personnel records, prior notice will be given to the employee.

(2) Sanctions may also be imposed on any individual with a duty to act under this policy and associated procedures, who fails to respond in a manner consistent with this policy to a complaint or reasonable information of discrimination, harassment, or retaliation.

(3) To the extent possible under applicable law and policies, a complainant will be informed of the corrective measures taken.

(L) False allegations. It is a violation of this policy for anyone to intentionally report information or allegations that they know, or reasonably should know, to be untrue or false. Sanctions may be imposed on individuals who make false accusations of discrimination or harassment. Failure to prove a claim of discrimination or harassment is not equivalent to a false allegation and no person shall be penalized for good faith reporting of concerns under this policy.

(M) Use of discrimination and harassment allegations in employment actions or academic status decisions. When making decisions affecting an individual's employment or academic status, allegations of discrimination and harassment may be considered only if they have been addressed through this policy or procedure, a court of law, or other administrative proceeding such as a student conduct hearing for a student accused of a policy violation. Whenever such an allegation is discussed as part of a determinant in the terms and conditions of an employment or academic status, the affected party should be given notice.

(N) Policy and procedure administration. The office of equal opportunity and policy compliance is responsible for the administration of this policy and the associated procedures. However, all university employees, staff, and students play a role in preventing and reporting discrimination and harassment.

(O) Educational goals and objectives.

(1) It is the goal of the university to prevent and eliminate discrimination and/or harassment and to foster an environment of respect for all individuals. In furtherance of these goals, every employee shall complete programs and/or training as directed by the office of human resources and/or the office of equal opportunity and policy compliance. The office of human resources, in conjunction with the office of equal opportunity and policy compliance, shall provide information, programs, and/or training to meet the following goals:

(a) Provide information about the university's policies relating to discrimination and harassment and the corresponding procedures and reporting mechanisms.

(b) Include information regarding this policy in orientation materials for new faculty, staff, students, and volunteers.

(c) Notify persons of inappropriate conduct and encourage appropriate behavior when interacting with others.

(d) Inform the university community about the problems caused by discrimination and harassment and the unacceptability and illegality of discrimination and harassment.

(e) Address issues of discrimination and harassment from a multicultural perspective.

(2) A statement regarding discrimination and harassment will appear in the university bulletins (graduate and undergraduate), on the webpage of the office of equal opportunity and policy compliance, and relevant portions shall be referenced in "The Code of Student Rights, Responsibilities, and Conduct."

(P) Information, assistance, and counseling.

(1) Individuals may seek general information, anonymously or otherwise, regarding this policy by contacting any of the following offices/units. However, general inquiries with these offices/units will not be considered a report to the university and will not result in action under this policy.

(a) The equal opportunity and policy compliance office.

(b) The center for student progress/office of disability services.

(c) Housing and residence life.

(d) Office of human resources.

(e) Intercollegiate athletics.

(f) Office of student affairs through the ombudsperson.

(2) A student may seek counseling or support services on campus from the university counseling services during regular business hours (330-941-3527). Employees may contact the office of human resources for information on available counseling services. Information shared within the context of counseling services is considered confidential to the extent permitted by state and federal law.

(3) An individual who seeks information, assistance, or counseling may still utilize this policy to file a complaint.

(4) For information on sexual misconduct including sexual assault, please see rule 3356-2-3.1 of the Administrative Code.

Replaces: 3356-2-03

Effective: 8/31/2015
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 11/9/83, 1/31/00, 6/16/03, 8/23/10

3356-2-03.1 Sexual misconduct policy.

(A) Policy statement. Youngstown state university ("YSU" or "university") is committed to fostering and maintaining an environment of tolerance, mutual respect, and concern for all members of the campus community. Consistent with these values and applicable law, including Title IX of the Education Amendments of 1972, the university prohibits and will not tolerate sexual misconduct in any university program or activity. The university will take appropriate steps to eliminate sexual assault and misconduct, prevent its recurrence, and address its effects.

(B) Purpose. To provide university community with a clearly articulated set of behavioral standards, common understandings of definitions, descriptions of prohibited conduct, relevant information, and reporting options in order to foster a climate free from sexual misconduct.

(C) Scope. This policy applies to all students, faculty, employees (including student employees), volunteers, and third parties, campus visitors, or other individuals engaged in any university activity or program, regardless of sexual orientation or gender identity, and whether on or off campus.

(D) Definitions (for purposes of this policy).

(1) "Sexual misconduct." A broad range of behaviors including sexual assault, dating violence, domestic violence, stalking, voyeurism, and any other conduct of a sexual nature that is nonconsensual or is carried out through force, threat, intimidation or coercion. (For purposes of this policy, conduct prohibited under this policy shall generally be referred to as "sexual misconduct").

(2) "Sexual assault." Any intentional, nonconsensual and/or coerced sexual contact. Physical resistance need not occur to meet the definition of sexual assault.

(3) "Consent." Sexual activity requires consent, which is defined as positive, unambiguous, voluntary and ongoing agreement to engage in a specific activity. Consent must be freely and affirmatively given. Consent cannot be obtained from someone through coercion or from someone who is unconscious, asleep, or whose judgment is impaired by the use of a drug or alcohol or diminished by an intellectual, mental, or physical condition or disability. Consent can be withdrawn at any time.

(4) "Coercion." Intimidation, physical, or psychological threat, or pressure used to force another to engage in sexual acts.

(5) "Stalking." Repeated behaviors or activities whether in person, online, or through any other means which threaten or endanger the safety, physical or mental health, life or property of another or creates a reasonable fear of such threat or action.

(6) "Dating violence." Violence or abusive behavior (sexual, physical, or threat of violence) committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship is determined based on a consideration of the length and type of relationship and the frequency of interaction between the persons involved in the relationship.

(7) "Domestic violence." Violence or abusive behavior (sexual, physical, or threat of violence) used to maintain control or power within a current or former relationship and which is committed by any of the following:

(a) A current or former spouse or intimate partner of the victim;

(b) A person with whom the victim shares a child in common;

(c) A person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner;

(d) By any other person against an adult or youth victim under the domestic or family violence laws of the state of Ohio (see section 2919.25 of the Revised Code).

(8) "Sexual exploitation." Sexual exploitation occurs when a person takes nonconsensual or abusive sexual advantage of another for his/her own benefit or advantage or to benefit or advantage anyone other than the person being exploited, and that behavior does not otherwise constitute another form of sexual misconduct. Examples of sexual exploitation include, but are not limited to, prostituting another, nonconsensual video or audiotaping of sexual activity, permitting others to secretly observe or record consensual activity, or engaging in voyeurism.

(9) "Sex offenses." See Chapter 2907. of the Revised Code which defines "sex offenses" under Ohio law.

(E) Coordination with discrimination/harassment policy. The university recognizes that in certain circumstances harassment/discrimination related to an individual's race, color, national origin, sex, sexual orientation, gender identity and/or expression, disability, age, religion, or veteran/ military status may occur in conjunction with sexual misconduct. Targeting individuals on the basis of these characteristics is a violation of rule 3356-2-03 of the Administrative Code. In these circumstances, the university will coordinate its responses and efforts in order to address these issues.

(F) Privacy versus confidentiality. Privacy and confidentiality have distinct meanings under this policy.

(1) "Privacy." Privacy generally means that information related to a report of sexual misconduct will only be shared with a limited circle of individuals. The use of this information is limited to those university employees who need to know in order to assist in the active review, investigation, or resolution of the report. While not bound by confidentiality, these individuals will be discreet and respect the privacy of all individuals involved in the process.

(2) "Confidentiality." Confidentiality means that information shared by an individual with a particular campus or community professional cannot be revealed to any other individual without the express permission of the individual. These professionals include medical and mental health providers, ordained clergy, and rape crisis counselors. These individuals are prohibited from breaking confidentiality unless there is an imminent threat of harm to self or others.

(G) Reporting. The university encourages anyone who has experienced sexual misconduct to report the incident to the reporting source of their choice in order to obtain information and support and so the university can respond appropriately. Prompt reporting may preserve options that delayed reporting does not, including the preservation of physical evidence, crisis counseling, and immediate police response. Additionally, delayed reporting may affect the options available to the individual and the university.

(1) "Confidential reporting." An individual who desires that the details of an incident be kept confidential may speak with professional licensed counselors who provide mental health counseling on campus. Pastoral or clergy and medical professionals also have legally protected roles involving confidentiality. Confidential services are available on campus (see paragraph (M)(1) of this rule) at counseling services in Jones hall, room 3009, phone number 330-941-3527; student health services in Kilcawley house, first floor, phone number 330-941-3489; and through the employee assistance program, phone number 800-227-6007.

(2) "Responsible employees and mandatory reporting." Under Title IX, the university is required to take immediate and corrective action if a responsible employee knew or in the exercise of reasonable care should have known about sexual misconduct or sex based discrimination or harassment that creates a hostile environment. A responsible employee is an employee who:

(a) Has the authority to take action to redress the harassment;

(b) Has been given the duty to report to appropriate university officials any misconduct by students, employees or third parties; or

(c) An individual could reasonably believe has the authority or responsibility to take action.

Employees with supervisory and leadership responsibilities on campus are considered responsible employees and include, but are not limited to, managers, supervisors, directors, assistant/associate directors, faculty members with supervisory or advisory duties over students or employees (including student employees), resident assistants, program coordinators, coaches, deans and department chairs. A responsible employee is considered a mandatory reporter under this policy and when he or she becomes aware of sexual misconduct must notify the Title IX coordinator promptly but no later than five working days of becoming aware of the information. When a responsible employee is contacted by a student regarding possible sexual misconduct, the responsible employee must inform the student of the responsible employee's reporting requirement.

For purposes of this policy, faculty members who solely provide classroom instruction with no student or employee supervisory or advisory duties are not considered responsible employees under this policy; however, they are strongly encouraged to report an alleged occurrence of sexual misconduct as well.

(3) Filing a complaint with the university's Title IX coordinator.

(a) Individuals who believe they have been subjected to or who reasonably believe sexual misconduct has occurred should contact the Title IX coordinator for information and/or to file a complaint. The Title IX coordinator, or his/her designee, will make an assessment of any risk of harm to individuals or to the campus community and will take reasonable steps necessary, including interim protective measures, and to provide for the safety of individuals involved and the campus community. Thereafter, the Title IX coordinator, or his/her designee, will conduct an investigation depending on a variety of factors, including but not limited to, the reporting individual's wish to pursue an investigation, the risk posed to the individuals involved and the campus community by not proceeding, whether there have been other complaints of sexual misconduct involving the same alleged individual(s), and the nature of the allegation.

(b) To promote timely and effective review and investigation, complaints of possible sexual misconduct should be made immediately or as soon as reasonably possible. The Title IX coordinator will review a compliant whenever it is made; however, a lapse of time may make it more difficult to gather relevant and reliable information and to address the behavior. Complaints involving potential Title IX violations will follow the Title IX grievance procedures which are available on the university's Title IX webpage at www.titleix@ysu.edu.

(4) Student conduct process. If the alleged perpetrator of sexual misconduct is a student, an individual may seek resolution through the student conduct process. A report to student life/student conduct (phone number 330-941-4703) can be made regardless of whether or not a criminal complaint is pursued. For a more comprehensive review of the student code of conduct, including timeliness of reporting, please go to www.ysu.edu/thecode.pdf.

(5) Law enforcement.

(a) Individuals who are victims of sexual misconduct are strongly encouraged to contact the Youngstown state university policy department ("university police") in order to receive information and to pursue criminal charges. The university police can be contacted at 330-941-3527 (campus emergencies, dial 911). Reports can also be made to the city of Youngstown police department at 330-747-7911 or 911.

(b) An individual who does not wish to pursue action within the criminal justice system should still consider making a report to the university police department. The university police can file a report on the details of an incident without revealing the identity of the victim. This allows the university to take steps pursuant to the Clery Act to keep reports.

(6) The university as reporting party. On some occasions, the university will assume the function of the reporting party. This approach may be taken when sufficient information is provided that allows the university to reach the threshold determination that an individual poses a substantial and likely threat of harm to the safety or well-being of an individual, members of the campus community, or the performance of normal university functions.

(7) Anonymous reporting. Although the university encourages victims to talk to someone, the university provides online anonymous reporting options. Individuals may file an anonymous report with the university policy at http://web.ysu.edu/police/,with the Title IX coordinator at http://web.usu.edu/title IX/, or with student life/student conduct athttp://web.ysu.edu/contentm/easy_pages/view.php?page_id=1149 &sid=25&menu_id=4296.

(H) Interim measures. The Title IX coordinator, office of student life (phone number 330-941-4703) and/or the office of human resources can assist an individual who has been subjected to sexual misconduct with appropriate interim measures that are reasonably available to alleviate the presence of a hostile environment. These measures can be taken regardless of whether an individual chooses to formally report an incident or crime and can include no-contact orders, changes in housing, work schedules, or assignments, and interim suspensions or administrative leaves. Failure to comply with interim measures is a violation of this policy and may result in corrective measures, even if the initial report of sexual misconduct is later not proven.

(I) Non-retaliation. Retaliation against any individual in the university community either for alleging sexual assault or misconduct or for cooperating in the review or investigation of a compliant is strictly prohibited by university policy and state and federal law. Anyone who believes he/she has been the victim of retaliation should immediately contact the office of equal opportunity and policy compliance or the office of human resources. Any person found to have retaliated against another for reporting, participation, or cooperation in an investigation will be in violation of this policy and will be subject to corrective measures independent of the merits of the underlying allegation.

(J) Prevention and education programs. The university shall provide programs and/or training (collectively referred to as "trainings") for employees and students designed to prevent and promote awareness of sexual misconduct. The trainings shall be consistent with applicable legal requirements and university policies. The office of human resources, with oversight from the Title IX coordinator, or his/her designee, shall provide training for employees; and the office of student affairs, with oversight from the Title IX coordinator, or his/her designee, shall provide training for students.

(K) False allegations. It is a violation of this policy for anyone to intentionally report information or allegations that they know or reasonably should know to be untrue or false. However, failure to prove an allegation is not equivalent to a false allegation and no person shall be penalized for good faith reporting of concerns under this policy.

(L) Consequences of violations of this policy. Any employee or student who violates this policy will be subject to corrective action, consistent with university policies and applicable collective bargaining agreements and conduct codes. Corrective action can include termination for employees and expulsion for students. Third parties who violate this policy will be subject to appropriate university action, including but not limited to removal from university property and criminal prosecution.

(M) Support and assistance.

(1) On-campus contacts:

(a) YSU counseling services, Jones hall, room 3009, contact 330-941-3737. Employee assistance program, contact 800-227-6007.

(b) Student health services at Kilcawley house, first floor, contact 330-941-3489.

(c) YSU police department, contact 330-941-3527 (24-hour line). Campus emergencies, dial 911.

(d) YSU Title IX coordinator, Cynthia A. Kravitz, Tod hall, room 315, Youngstown, Ohio 44555; contact 330-941-2340 or 330-941-2216; fax number is 330-941-2394; email address, cakravitz@ysu.edu.

(e) To be escorted to/from vehicle or classes, contact student security services of YSU police department at 330-941-1515.

(2) Off-campus contacts.

(a) The rape crisis and counseling center, contact 330-782-3936 ( twenty-four hour hotline).

(b) Rape, abuse, and incest national network, visit www.rainn.org.

(c) Mercy health/St. Elizabeth's hospital/medical center, contact 330-746-7211 ( twenty-four hour medical services).

(d) Valley care/northside medical center, contact 330-884-1000 ( twenty-four hour medical services).

(3) Title IX website. For more information on Title IX and sexual misconduct, please see the university's Title IX web pages at http://cms.ysu.edu/title-ix/title-ix-home.

Effective: 8/27/2015
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356

3356-2-04 Search waivers for hiring of faculty and professional/ administrative staff.

(A) Policy statement. It is the policy of Youngstown state university that institutional employment and diversity goals are best served through a standard search process. However, exceptions to the standard search process may be appropriate in situations where it can be clearly demonstrated that it is in the university's best interest to forgo the standard search process.

(B) Scope. This policy applies to faculty and professional/administrative staff vacancies, including externally funded positions (see rules 3356-7-42 and 3356-7-43 of the Administrative Code). The selection of executive and administrative officers of the university is not included within the scope of this policy. (See rules 3356-9-01 and 3356-9-02 of the Administrative Code for the selection of administrative and executive officers.) A request for a search waiver does not waive any human resource or financial requirements for a position.

(C) Purpose. To provide a process for requesting a search waiver for fully qualified individuals who can make a unique contribution to the university and its strategic plan.

(D) Request criteria. The following information shall be provided in writing when submitting a request for a search waiver.

(1) A description of the position, including minimum (and if appropriate) preferred qualifications.

(2) Qualifications, credentials and/or skills of the individual that qualify him/her for the position.

(3) Likelihood of success in the position (e.g., promotion and tenure, where applicable).

(4) Relevance of the hire to the university's strategic priorities.

(5) Input of the hiring unit for the requested appointment.

(6) Identification of funds to support the position.

(7) Rationale for departing from the standard search process presented.

(8) The race and gender of the proposed hire, if known.

(E) Review criteria. The following factors will be considered when determining whether a waiver is in the university's best interests.

(1) Whether the proposed hire supports the university's affirmative action goals.

(2) Whether the position and/or funding are temporary or time limited.

(3) The existence of an urgent situation.

(4) Whether the proposed hire possesses outstanding and uniquely specialized skills, knowledge, or experience that would otherwise not be available through the standard search process. Experience, skills, or knowledge gained through an interim appointment or temporary assignment of some or all of the duties of the position does not make an individual uniquely qualified for the position.

(5) Whether a recent search(es) for the position has lacked a qualified pool of applicants.

(6) Previous use of search waivers by the office or department.

(7) Other compelling reasons.

(F) Procedures.

(1) Individuals considered for employment under the search waiver process must be reviewed by the hiring department or academic unit.

(2) When any unit inquires about employment opportunities for a potential faculty or staff recruit that is within the university's strategic interest, the chair/director will request a copy of the potential employee's curriculum vitae and/or other relevant materials.

(3) A request for a search waiver, including all supporting information listed in paragraph (D) of this policy, must be submitted in writing to the office of human resources and labor relations and the office of equal opportunity and policy development for review and recommendation. Following review by the offices of human resources and equal opportunity and policy development, the request will be forwarded to the office of the president.

(4) Only the president, or designee, is authorized to grant a waiver from the requirement of a standard search.

(5) The office of equal opportunity and policy development will provide information and assistance, as appropriate.

(6) The office of equal opportunity and policy development will provide the board of trustees with a quarterly report on hiring activity under this policy.

Replaces: 3356-2-04

Effective: 5/21/2017
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 8/23/10, 2/6/12, 2/10/14, 8/31/15