(A) Rationale for
policy
Ohio university is committed to providing a
workplace, educational environment, and programs and activities that are free
from sexual harassment and other sexual misconduct.
To affirm this commitment and ensure compliance
with federal and state laws and regulations, Ohio university has developed this
policy and related processes to inform members of the university community
about prohibited behavior; provide supportive measures designed to remediate
the effects of sexual harassment and other sexual misconduct; and ensure a
prompt, fair, and impartial process for addressing alleged violations of this
policy.
(B) Basis for
policy
For purposes of this policy, "sexual harassment
and other sexual misconduct" includes sexual harassment, sexual assault,
domestic violence, dating violence, stalking, and retaliation. These behaviors
are prohibited as unlawful discriminatory conduct under Title VII of the Civil
Rights Act of 1964 (as amended), Title IX of the Education Amendments of 1972,
the Violence Against Women Act Reauthorization Act of 2022 (VAWA), the Campus
Sexual Violence Elimination Act (Campus SaVE Act), and/or the Jeanne Clery
disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery
Act). "Sexual harassment and other sexual misconduct," for the purposes of this
policy, also includes sexual exploitation. Additionally, this policy contains a
statement regarding consensual relationships in which one party retains a
direct supervisory or evaluative role over the other party.
While sexual harassment and other sexual
misconduct are forms of sex-based discriminatory conduct, discrimination on the
basis of sex, gender gender identity or expression, and sexual orientation is
prohibited in all forms by Ohio university under university policy 40.001:
"Nondiscrimination in education and employment."
(C) Applicable
scope and jurisdiction of policy
The expectations for conduct contained within
this policy apply to all aspects of Ohio university's operations, locations,
and programs including, but not limited to, regional campuses, property owned
or controlled by the university, online programs, and university-sponsored
events, activities, and travel. These expectations also apply in buildings
owned or controlled by student organizations recognized by Ohio
university.
These expectations apply to all members of the
Ohio university community, which includes, but is not limited to, students,
student organizations and student groups, faculty, administrators, staff,
trustees and officers, and third parties such as agents, vendors, guests,
visitors, volunteers, and campers.
Any person may submit reports of prohibited
behavior. Further, this policy encourages, and in some cases requires, reports
of sexual harassment and other sexual misconduct regardless of where the
incident occurred.
A violation of this policy by a student, student
organization, or student group also constitutes a violation of the Ohio
university student code of conduct. The student code of conduct applies to all
students, student organizations, and student groups, whether the prohibited
behavior occurred on or off campus. Therefore, this policy applies to
prohibited behavior by students, student organizations, and students groups
whether it occurs on-campus or off-campus. Further, allegations of other
conduct prohibited by the student code of conduct may be investigated and
adjudicated through the sexual harassment and other sexual misconduct grievance
process in conjunction with the violations of this policy.
Reports of prohibited behavior by faculty,
administrators, staff, trustees, and officers will be assessed by the Title IX
coordinator to determine if the alleged behavior occurred within Ohio
university's operations, locations, and programs, as described in this
paragraph, or if the alleged behavior, if true, may have effectively denied the
complainant equal access to education or employment at Ohio university. If
either circumstance exists, this policy will apply whether the behavior
occurred on-campus or off-campus.
If the respondent in an alleged violation of this
policy is a student, student organization or group, faculty member,
administrator, staff member, trustee, or officer, the grievance process
described in this policy may be utilized, regardless of the complainant's
status. Reports of prohibited behavior on the part of third parties, such as
agents, vendors, guests, visitors, volunteers, and campers, will be assessed by
the Title IX coordinator to determine the best means to stop the behavior,
remediate the impact on the complainant, and prevent further prohibited
behavior. Possible measures may include barring individuals from university
property or events, among other actions. If the respondent is unknown or is not
a member of the university community at the time of the incident and/or when a
complaint is received, the grievance process cannot be utilized; however, the
Title IX coordinator will offer resources and other supportive measures to the
complainant.
Ohio university will respond to reports of sexual
harassment or other sexual misconduct irrespective of when the alleged incident
occurred, including during semester breaks, leaves of absence, or periods of
dismissal. There is no time limit for making a report or submitting a formal
complaint to the Title IX coordinator. However, if the respondent is no longer
a student or employee or if significant time has passed, the ability to
investigate, respond, and provide remedies may be limited or not
possible.
Acting on reports of formal complaints
significantly impacted by the passage of time is at discretion of the Title IX
coordinator, who may document allegations for future reference, offer
supportive measures, and/or engage in informal action as appropriate. Ohio
university will typically apply the policy in place at the time of the alleged
misconduct and the process in place at the time a formal complaint is submitted
by the complainant or signed by the Title IX coordinator.
The measures described in this policy and related
processes may be initiated when a respondent is charged with behavior that
potentially violates both civil/criminal law and university policy, without
regard to pending litigation in court or criminal arrest and prosecution. The
sexual harassment and other sexual misconduct grievance process may be carried
out prior to, simultaneously with, or following criminal proceedings off
campus. Determinations made and sanctions imposed under this policy will not be
subject to change because criminal charges arising out of the same facts were
dismissed, reduced, or resolved in favor of or against the criminal law
defendant.
If this policy directly contradicts any other
university policy or procedures related to protected status discrimination,
harassment, or retaliation, this policy takes precedence. An initial choice to
proceed under a particular policy does not preclude a later or simultaneous
decision to utilize additional policies or to persue action through the
criminal justice system.
(D) Definitions
The following definitions shall apply for the
purposes of this policy:
(1) Actual
knowledge
Notice of sexual harassment or allegations of
sexual harassment to the Title IX coordinator or any official with the
authority to institute corrective measures on behalf of the university.
(2) Advisor
A person chosen by a party (the complainant or
the respondent) to accompany the party to meetings related to the grievance
process, to advise the party on that process, and to question the other party
and witnesses at the hearing, if any. A party's advisor may be, but is not
required to be, an attorney. If a party does not have an advisor to question
the other party and witnesses at the hearing, the university will appoint one
to do so.
(3) Complainant
An individual who is alleged to have been
subjected to conduct that could constitute sexual harassment, other sexual
misconduct, or retaliation under this policy.
(4) Confidential
source
An employee who is not a mandatory reporter and
is not obligated by this policy to share knowledge and reports of sexual
harassment, other sexual misconduct, or retaliation with the Title IX
coordinator. On-campus confidential employees include licensed mental health
professionals and healthcare providers acting within the scope of their
confidential roles. Employees conducting an institutional review board-approved
human subjects research study designed to gather information about sexual
harassment and other sexual misconduct are also considered confidential
employees with respect to information received while conducting the study.
(5) Coercion
The use of intimidation, threats of harm, or
extortion to compel another individual to initiate or continue sexual activity
against the individual's will, or the use of these means for the purpose of
retaliation as defined by this policy.
(6) Consent
The state of Ohio does not define "consent" in
state statutes relating to sexual offenses. Ohio university's definition of
consent is as follows:
Consent is knowing, voluntary, and clear
permission to engage in sexual activity given by word or action. Reasonable
reciprocation can be implied consent; however silence or passivity, without
words or actions demonstrating permission, cannot be assumed to show consent.
Consent to some sexual acts does not imply
consent to others. If an individual expresses conditions on their willingness
to consent or limitations on the scope of their consent, those conditions and
limitations must be respected in order for the sexual act to be consensual.
Past consent to a given act does not imply
ongoing or future consent. A current or previous intimate relationship is not
sufficient to constitute consent.
Once given, consent can be withdrawn at any
time through understandable words or actions that clearly convey that a party
is no longer willing to engage in sexual activity. If consent is withdrawn,
that sexual activity must cease immediately.
Consent cannot be obtained from someone who is
asleep or otherwise mentally or physically incapacitated, whether due to
alcohol, drugs, or some other condition.
Consent cannot be obtained by threat, coercion,
or force. Agreement given under such conditions does not constitute consent.
To give consent, one must be of legal
age.
Consent within relationships must considered in
context. The existence of consent is based on the totality of the circumstances
evaluated from the perspective of a reasonable person in the same or similar
circumstances, including the context in which the alleged misconduct occurred
and any similar patterns that may be evidenced.
Any individual who engages in sexual activity
when the individual knows or should know that the other person has not given
consent is in violation of this policy. It is not an excuse that the respondent
was intoxicated and did not realize the complainant did not give consent.
(7) Education
program or activity
Locations, events, or circumstances, including
employment, where the university exercises substantial control over both the
respondent and the context in which sexual harassment occurs. This includes any
building owned or controlled by a student organization officially recognized by
the university.
(8) Employee
A person who performs work for the university
and is paid for that work. For purposes of this policy, employees include paid
faculty, administrators, staff, and graduate research and teaching assistants,
as well as all student employees when acting within the scope of their
employment.
(9) Force
The use of physical violence or constraint to
gain sexual access to another person.
(10) Formal complaint
A document submitted by a complainant or signed
by the Title IX coordinator alleging behavior prohibited by this policy (sexual
harassment, other sexual misconduct, or retaliation) against a respondent and
requesting that the university investigate the allegation.
(11) Grievance process
The method of resolution utilized to address
allegations of sexual harassment, other sexual misconduct, and retaliation as
defined by this policy.
(12) Grievance process pool
Investigators, hearing panelists, appeal
officers, and university-appointed advisors in the grievance process. The same
individuals may perform any or all of these roles, though not at the same time
nor for the same case.
(13) Hearing panelist
Those with decision-making and sanctioning
authority when allegations proceed to a hearing within the grievance process.
(14) Incapacitation
A person who lacks the ability to make informed
decisions is incapacitated and, therefore, cannot consent to sexual activity.
A person is incapacitated and cannot give
consent if they are unable to understand what is happening or are helpless,
asleep, or unconscious for any reason, including due to the consumption of
alcohol or other drugs or due to a temporary or permanent physical or mental
health condition.
Merely consuming or being under the influence
of alcohol or other drugs does not constitute incapacitation. Incapacitation is
not the same as intoxication, being drunk, or the inability to remember
decisions made or actions taken while "blacked out." Incapacitation is
determined by considering all relevant indicators of an individual's condition
and actions at the time of the sexual activity.
An individual who engages in sexual activity
when that individual knows or should know that the other person is
incapacitated is in violation of this policy. It is not an excuse that the
respondent was intoxicated and, therefore, did not realize the complainant's
incapacitation.
(15) Investigator
The person or persons charged with gathering
information about an alleged violation of this policy and compiling the
information into an investigation report and file of evidence.
(16) Mandatory reporter
An employee obligated by this policy to share
knowledge and reports of sexual harassment, other sexual misconduct, or
retaliation with the Title IX coordinator.
(17) Notice
When an employee, student, or third-party
informs the Title IX coordinator or any other official with authority of an
alleged incident of sexual harassment, other sexual misconduct, or
retaliation.
(18) Official with authority (OWA)
An employee of the university with the
authority to implement corrective measures for sexual harassment, other sexual
misconduct, and retaliation on behalf of Ohio university. Notice to any OWA
constitutes actual knowledge under this policy. For purposes of this policy,
the following employees are designated as OWAs: Title IX coordinator and deputy
Title IX coordinator, president, provost, vice presidents, , athletic director,
dean of students, and director of community standards and student
responsibility.
(19) Parties
The complainant(s) and respondent(s) in a
matter, collectively.
(20) Reasonable person
A reasonable person under similar circumstances
and with similar identities to the complainant.
(21) Relevant
Tending to prove or disprove an element of an
alleged offense or an issue material to resolving a complaint. Questions and
evidence are relevant when they may aid the decision-makers in determining
whether it is more likely than not that the alleged violation occurred and, if
so, the appropriate response to the violation.
(22) Remedies
Post-finding actions directed to the
complainant and/or the community as mechanisms to address safety, prevent
recurrence, and restore access to the university's educational program or
activities, including employment.
(23) Report
Information provided to the Title IX
coordinator indicating that sexual harassment, other sexual misconduct, or
retaliation may have occurred.
(24) Respondent
An individual who is alleged to have been
engaged in conduct that could constitute sexual harassment, other sexual
misconduct, or retaliation under this policy. Student organizations or groups
may also be respondents in the grievance process. It is presumed that a
respondent is not responsible for the alleged conduct until a determination
regarding responsibility is made at the conclusion of the grievance
process.
(25) Sanction
A consequence imposed by the university on a
respondent who is found to have violated this policy.
(26) Student
Any person from the time they are admitted to
Ohio university up through the date of degree conferral. This includes, but is
not limited to, new students at orientation, persons not currently enrolled but
who are still seeking a degree from Ohio university, persons currently under
suspension, and any other person enrolled in a credit earning course offered by
Ohio university, including students enrolled in the college credit plus
program.
(27) Supportive measures
Non-disciplinary, non-punitive individualized
services offered as appropriate, as reasonably available, and without fee or
charge to the complainant or respondent. They may be provided at any point
during the grievance process, regardless of whether a formal complaint has been
filed.
(28) Title IX coordinator
The official designated by Ohio university to
ensure compliance with Title IX and oversee the implementation of this policy.
References to the Title IX coordinator throughout this policy may also
encompass a designee of the coordinator for specific tasks.
(29) Title IX team
The Title IX coordinator, deputy Title IX
coordinator, and the members of the grievance process pool.
(30) Witness
Person who is requested to participate in the
grievance process because they may have relevant information about the alleged
violation. The investigators may identify potential witnesses, or their names
may be supplied by the complainant, respondent, or others with knowledge of the
matter. All witnesses are considered to be witnesses called by the
university.
(E) Sexual
harassment and other sexual misconduct offenses
The department of education's office for civil
rights (OCR), the equal employment opportunity commission (EEOC), and the state
of Ohio regard sexual harassment, a specific form of discriminatory harassment,
as an unlawful discriminatory practice.
Ohio university has adopted the following
definitions of sexual harassment and other sexual misconduct to address the
unique environment of our academic community, which consists not only of
employer and employees, but also of students.
Acts of sexual harassment and other sexual
misconduct may be committed by any person against any other person, regardless
of the sex, sexual orientation, gender identity, or gender expression of those
involved.
The offenses listed in this policy include
behaviors prohibited by the Title IX regulations published in the Federal
Register by the U.S. department of education, office for civil rights on May
19, 2020. These regulations prescribe definitions based on the uniform crime
reporting program of the federal bureau of investigations. The offenses below
also include additional behaviors prohibited by Ohio university. All listed
offenses are violations of this policy.
Offenses 1-9 listed in paragraph (E)(1) to (E)(6)
of this policy are considered to be sexual harassment, as defined by the Title
IX regulations, if the behavior occurred within Ohio university's education
programs or activities and in the United States and if the complainant was
participating in or attempting to participate in the education program or
activity of Ohio university at the time of filing a formal complaint. Ohio
university's education programs or activities include locations, events, or
circumstances, including employment, where the university exercises substantial
control over both the respondent and the context in which sexual harassment
occurs. This includes any building owned or controlled by a student
organization officially recognized by the university.
Under all circumstances detailed in paragraph (C)
of this policy, offenses 2-10 listed in paragraphs (E)(2) to (E)(7) of this
policy constitute sexual misconduct under university policy.
Offense 11 listed in paragraph (E)(8) of this
policy (sexual exploitation) constitutes sexual misconduct under university
policy in all circumstances detailed in paragraph (C) of this policy.
This policy prohibits conduct on the basis of sex
that satisfies one or more of the following definitions. If a charge is placed
for the purposes of the sexual harassment and other sexual misconduct grievance
process, the italicized and underlines portion of each definition will be used
as the charge in that process.
All definitions encompass actual offenses and may
also encompass attempts to commit the offense.
(1) Sexual
harassment under Title IX
(a) Unwelcome
conduct
(b) Determined by a
reasonable person
(c) To be so
severe
(d) Pervasive,
and
(e) Objectively
offensive
(f) That it
effectively denies a person equal access to Ohio university's education program
or activity
(2) Sexual
harassment by quid pro quo
(a) An employee of
Ohio university
(b) Conditioning
the provision of an aid, benefit, or service of Ohio university
(c) On an
individual's participation in unwelcome sexual conduct
(3) Rape*
(a) Penetration, no
matter how slight, of the vagina or anus of a person with any body part or
object; or
(b) Oral penetration by a sex organ of another individual without
the complainant's consent.
(c) This definition also includes instances in which the
complainant incapable of providing consent because of temporary or permanent
mental or physical incapacity (including due to the influence of drugs or
alcohol) or because of age, Physical resistance by the victim is not required
to demonstrate lack of consent.
(4) Fondling
(a) The intentional
touching of the complainant's clothed or unclothed body parts, without the
complainant's consent, for the purpose of sexual degradation, sexual
gratification, or sexual humiliation; or
(b) The forced
touching by the complainant of the respondent's clothed or unclothed body
parts, without the complainant's consent, for the purpose of sexual
degradation, sexual gratification, or sexual humiliation.
(c) This offense
includes instances where the complainant is incapable of giving consent because
of age or incapacity due to temporary or permanent mental or physical
impairment or intoxication.
(d) Allegations of behaviors fitting the
definition of fondling will be charged as non-consensual sexual contact in the
sexual harassment and other sexual misconduct grievance process.
(5) Statutory
rape
(a) Non-forcible
sexual intercourse with a person who is under the statutory age of
consent.
(b) Allegations of
behaviors fitting the definitions of rape and statutory rape will be charged as
non-consensual sexual intercourse in the sexual harassment and other sexual
misconduct grievance process.
(6) Incest
Non-forcible sexual intercourse, between persons who are related
to each other, within the degrees wherein marraige is prohibited by Ohio
law.
(7) Dating
violence
(a) Violence or
threat of violence, committed by a person who is in or has been in a social
relationship of a romantic or intimate nature with the
complainant.
(b) For purposes of
this definition:
(i) The existence of such a relationship shall be
determined based on the complainant's statement and with consideration of the
length of the relationship, the type of relationship, and the frequency of
interaction between the persons involved in the relationship.
(ii) Violence means
physical violence.
(iii) Dating
violence does not include acts covered under the definition of domestic
violence.
(8) Domestic
violence
(a) Conduct that
would meet the definition of a felony or misdemeanor crime committed by a
person who:
(i) Is a current or former spouse or intimate
partner of the complainant, or a person similarly situated to a spouse of the
complainant under the family or domestic violence laws of Ohio;
(ii) Is cohabitating, or has cohabitated,
with the complainant as a spouse or intimate partner;
(iii) Shares a child in common with the
complainant; or
(iv) Commits acts against a youth or adult
complainant who is protected from those acts under the family or domestic
violence laws of Ohio.
(b) For the
purposes of this definition, domestic violence does not include acts covered
under the definition of dating violence.
(9) Stalking
(a) Engaging in a
course of conduct on the basis of sex and directed at a specific person, that
would cause a reasonable person to fear for their own safety or the safety of
others, or suffer substantial emotional distress.
(b) For the
purposes of this definition:
(i) Course of conduct means two or more acts, including,
but not limited to, acts in which the respondent directly, indirectly, or
through third parties, by any action, method, device, or means, follows,
monitors, observes, surveils, threatens, or communicates to or about a person,
or interferes with a person's property.
(ii) Substantial
emotional distress means significant mental suffering or anguish that may but
does not necessarily require medical or other professional treatment or
counseling.
(10) Sexual harassment under university policy
(a) Physical or
verbal conduct of a sexual nature that is unwelcome and sufficiently severe or
pervasive from both a subjective (the complainant's) and an objective
(reasonable person's) viewpoint. Such conduct has:
(i) The purpose or effect of
unreasonably interfering with a person's work or academic
performance;
(ii) Creates an intimidating, hostile, or
offensive environment for working, learning, or living on campus.
(b) For the
purposes of this definition, the determination of whether an environment is
"hostile" is often contextual and must be based on the circumstances. These
circumstances could include:
(i) The frequency of the conduct;
(ii) The nature and severity of the
conduct;
(iii) The relationship between the
complainant and the respondent;
(iv) The location and context in which the
alleged conduct occurs;
(v) Whether the conduct was physically
threatening;
(vi) Whether the conduct was humiliating;
or
(vii) Whether the conduct arose in the
context of other discriminatory conduct.
(11) Sexual exploitation:
(a) Knowingly or
recklessly taking sexual advantage of another person without consent, through
behavior that does otherwise constitute a violation of this
policy.
(b) Examples of
sexual exploitation include, but are not limited to:
(i) Prostituting
another person or engaging in sex trafficking;
(ii) Non-consensual video- or audio-recording or photographing of
sexual activity;
(iii) Going beyond
the boundaries of consent (e.g., a respondent permitting others to observe
connsensual sex with a complainant who is unaware of the
observation);
(iv) Voyeurism, including
(a) Trespassing or
otherwise invading the privacy of another person to spy or eavesdrop on them
for the purpose of sexual gratification;
(b) Non-consensually taking photographs or video in a place
where a person has a reasonable expectation of privacy, for the purpose of
viewing that person's private body parts; or
(c) Non-consensually taking photographs or video of another
person above, under, or through their clothing, for the purpose of viewing
their private body parts or undergarments).
(v) Public
indecency (e.g., exposing one's genitals to others without
consent);
(vi) Knowingly exposing another person to a sexually transmitted
infection without their prior knowledge and consent;
(vii) Causing or
attempting to cause the incapacitation of another person (through alcohol,
drugs, or any other means) to compromise their ability to give consent to
sexual activity, or make that person vulnerable to non-consensual sexual
activity;
(viii) Soliciting a
minor for sexual activity;
(ix) Creating,
possessing, or disseminating child sexual abuse images or
recordings;
(x) Misappropriating another person's identity on apps,
websites, or other platforms designed for dating or sexual connections (e.g.,
spoofing);
(xi) Forcing a
person to take an action against their will by threatening to show, post, or
share information, video, audio, or images depicting their nudity or sexual
activity;
(xii) Creating or
disseminating media, including images, videos, or audio representations of
individuals doing or saying sexually-related things that never happened, or
placing identifiable real people in fictitious pornographic or nude situations
without their consent (i.e., deepfakes).
(F) Retaliation
(1) No person may
intimidate, threaten, coerce, or discriminate against any
individual;
(2) For the purpose
of interfering with any right or privilege secured by Title IX or this policy;
or
(3) Because the
individual has made a report or complaint, testified, assisted, or participated
ore refused to participate in any manner in an investigation, proceeding or
hearing;
(4) The exercise of
rights protected under the First Amendment does not constitute retaliation
prohibited under this paragraph.
Allegations of retaliation will be addressed
under the sexual harassment and other sexual misconduct grievance
process.
(G) Consensual
relationships
Consensual romantic or sexual relationships in
which one party retains a direct supervisory or evaluative role over the other
party are unethical, create a risk for real or perceived coercion, and are
expressly a violation of this policy. Furthermore, the possibility of a future
amorous relationship may distort the present instructional or advising
relationship.
Therefore, persons with direct supervisory,
evaluative, grading, or academic advising responsibilities who are involved in
such relationships must bring those relationships to the attention of their
supervisor. This will likely result in the necessity to remove the employee
from the supervisory, evaluative, grading, or academic advising
responsibilities.
Ohio university does not intrude upon private
choices regarding personal relationships when those relationships do not
violate university's policies or increase the risk of harm to the safety and
well-being of campus community members.
If no other behaviors prohibited by the sexual
harassment and other sexual misconduct policy are alleged, investigations of
alleged violations of the consensual relationships provision will be conducted
by an investigator from the grievance process pool. After interviewing the
involved parties and any witnesses and reviewing relevant documents, the
investigator will compile a memorandum of finding including a summary of
information gathered during the investigation and a determination as to
whether, by the preponderance of evidence, the consensual relationship
provision was violated. The memorandum of finding will be provided to the
parties, and the supervisor(s)/department chair(s)/director(s) of the party or
parties who are employees of the university for their consideration and
appropriate action.
(H) Title IX
coordinator
The Title IX coordinator ensures compliance with
Title IX and oversees the implementation of this policy. The Title IX
coordinator has the primary responsibility for coordinating Ohio university's
efforts related to the intake of reports, implementation of supportive
measures, investigation and resolution of formal complaints, and other
activities designed to stop, remediate, and prevent behaviors prohibited by
this policy. References to the Title IX coordinator throughout this policy may
also encompass a designee of the coordinator for specific tasks.
The Title IX coordinator manages the Title IX
team and acts with independence and authority free from bias and conflicts of
interest. The Title IX coordinator oversees all processes under this policy.
The members of the Title IX team are vetted and trained to ensure they are not
biased for or against any party in a specific case, or for or against
complainants or respondents, generally.
Inquiries regarding this policy and its related
processes may be made to:
"Director of Civil Rights Compliance and Title IX
Coordinator
006 Lindley Hall
Ohio University
Athens, OH 45701
740-593-9140 (phone)
740-593-9168 (fax)
civilrights@ohio.edu or titleIX@ohio.edu"
(I) Reporting
violations of this policy
Reports of sexual harassment, other sexual
misconduct, or retaliation may be made using any of the options in this
paragraph. The complainant may submit a report, or a third party may file a
report on behalf of a person they believe has been adversely affected by
conduct prohibited by this policy.
If a complainant is identified in the report, the
Title IX coordinator will attempt to contact the complainant to offer
supportive measures and to ensure the complainant knows the options available
to them, including making a police report and submitting a formal complaint, if
applicable and desired.
Reporting carries no obligation for complainants
to submit a formal complaint, and Ohio university respects the complainants'
wishes regarding formal action unless there is a compelling reason to proceed.
While Ohio law requires any person who has knowledge of a felony to make a
report to law enforcement, the complainant is not required to speak with law
enforcement officers, even if the Title IX coordinator must make such a repor.
(1) Report online
using the report to civil rights compliance form by clicking on submit a report
at https://www.ohio.edu/civil-rights. Reports submitted on-line are routed
immediately to the Title IX coordinator.
(2) File a report
with the Title IX coordinator by mail, phone, or email. A report may be
submitted at any time (including during non-business hours) using the contact
information in this paragraph. Reports may also be made in person at the civil
rights compliance (CRC) office on business days when a CRC staff member is
available.
"Director of Civil Rights Compliance and Title
IX Coordinator
006 Lindley Hall
Ohio University
Athens, OH 45701
740-593-9140 (phone)
civilrights@ohio.edu or titleIX@ohio.edu
Reports of sexual harassment, other sexual
misconduct, or retaliation by the Title IX coordinator should be made to the
office of the executive vice president and provost. Concerns or bias of
potential conflict of interest by the Title IX coordinator should also be
raised with the provost.
Reports of behavior prohibited by this policy
by any other Title IX team member should be reported to the Title IX
coordinator. Likewise, concerns or bias or potential conflict of interest by
any other Title IX team member should be raised with the Title IX coordinator.
Inquiries and complaints may be made externally
to:
"Office for Civil Rights (OCR)
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-1100
Customer Service Hotline: (800)421-3481
Fax: (202) 453-2172 TDD: (877) 521-2172
Email: OCR@ed.gov
Web: http://ed.gov/ocr"
Inquiries and complaints involving employees
may be made externally to:
"Equal Employment Opportunity Commission (EEOC)
Cleveland Field Office
Anthony J. Celebrezze Federal Building
1240 E. 9th Street, Suite 3001
Cleveland, OH 44199
Phone: 1-800-669-4000
Fax: 216-522-7395 TTY: 1-800-669-6820
ASL Video Phone: 844-234-5122"
Specific resources and reporting options are
available to medical students, people receiving grants, and others. A listing
of resources and agencies may be found at
https:https://www.ohio.edu/civil-rights/resources
(J) Formal
complaint
A formal complaint is a document submitted by the
complainant, or signed by the Title IX coordinator, alleging a violation of
this policy by a respondent and requesting that Ohio university investigate the
allegation(s). When the Title IX coordinator signs a formal complaint, they are
not a complainant or other party in any resulting investigation.
A formal complaint may be filed with the Title IX
coordinator in person, by mail, or by electronic mail using the contact
information in paragraph (I) of this policy. It must contain the complainant's
physical or digital signature, or otherwise indicate the complainant is the
person filing the complaint and requesting that the allegations be investigated
through the sexual harassment and other sexual misconduct grievance process.
When a formal complaint is submitted, the
respondent is notified of the allegations in the complaint, including the
complainant's identity. While a formal complaint may be submitted at any time
and without any prior contact with an ECRC staff member, complainants may want
to consider submitting a report and meeting with ECRC staff to learn about
supportive measures available to them and options for proceeding before
deciding to submit a formal complaint.
(K) Mandatory
reporters
All Ohio university faculty, administrators, and
staff (except those identified as confidential resources in paragraph (M) of
this policy) have a duty to immediately report violations of this policy to the
Title IX coordinator if they receive a complaint of a violation or observe or
learn of conduct that is reasonably believed to violate of this policy.
Graduate assistants and student employees have a
duty to report violations of this policy if they become aware of the violations
in the course of their duties and those duties include responsibility for the
safety and wellbeing of other members of the campus community or if they have
supervisory, evaluative, grading, or advisory responsibility over other members
of the campus community.
In certain limited circumstances, exemptions to
mandatory reporting may be requested in advance from the Title IX coordinator
(e.g., "Take Back the Night")
Complainants shall consider if they want to share
information regarding behaviors under this policy with non-confidential
mandatory reporters, as all details of potential violations must be promptly
reported to the Title IX coordinator so that supportive measures and options
may be available to complainants.
In addition to the duty to report sexual
misconduct to the Title IX coordinator as identified in the prior paragraphs,
in some circumstances there is also a duty to report allegations of criminal
conduct to law enforcement. Section 2921.22 of the Revised Code requires every
person who knows that a felony has been or is being committed, to report it to
law enforcement. It is a criminal offense to knowingly fail to make a report.
If any person suspects or has knowledge of criminal activity occurring on
university property, they should call the Ohio university police department
(OUPD) at 740-593-1911 (in an emergency, dial 911 immediately). Incidents that
occur off campus or at a regional campus should be reported to local law
enforcement.
(L) Officials with
authority (OWAs)
OWAs are university employees with the authority
to implement corrective measures for sexual harassment, other sexual
misconduct, and retaliation on behalf of Ohio university. Notice to any OWA
constitutes actual knowledge under this policy. For purposes of this policy,
the following employees are designated OWAs: Title IX coordinator and deputy
Title IX coordinator, president, provost, vice presidents, athletic director,
dean of students, and director of community standards and student
responsibility.
(M) Confidential
resources
Certain campus and local resources may maintain
confidentiality when acting under the scope of their licensure, professional
ethics, and/or professional credentials, except in extreme cases of immediate
threat or danger, in cases of abuse of certain populations (e.g., minors), or
when required to disclose by law or court order. These resources may offer
options and resources without any obligation to inform a campus official or law
enforcement authorities.
(1) Ohio
university's confidential resources include:
(a) Licensed
professionals and staff at counseling and psychological services
(b) Licensed
professionals and students registered for practice under a licensed
psychologist at the psychology and special work clinic
(c) Healthcare
providers and staff at campus care
(d) Advocates at
the survivor advocacy program and
(e) Licensed
professional counselors available through the employee assistance program
(2) Off campus
confidential resources include:
(a) Licensed
professional counselors and other medical providers
(b) Local rape
crisis counselors
(c) Domestic
violence resources
(d) Local or state
assistance agencies
(e) Clergy/chaplains and
(f) Attorneys
Information regarding support resources, many
of which are confidential, may be found on the resources page on the ECRC
website (linked from the "References" paragraph of this policy).
(N) Anonymous
reports
Anonymous reports may be submitted, and if the
report contains information about conduct that would constitute a violation of
this policy, ECRC staff will attempt to address the reported concerns; however,
their ability to investigate or resolve anonymous complaints will likely be
limited. Further, ECRC tries to provide supportive measures to all
complainants, which is impossible with an anonymous report.
(O) Amnesty for
violations of alcohol and drug policies under the student code of conduct
To encourage reporting of alleged violations of
this policy and to support candid communication of information, students
participating in the grievance process (complainants, respondents, and
witnesses) will not be charged with alcohol or drug related violations of the
student code of conduct if they engaged in unlawful or prohibited personal use
of alcohol or drugs during the incident when the alleged violation occurred.
Amnesty applies only to the personal use of alcohol or drugs during the
incident in question and does not extend to other potential violations of the
student code of conduct. Amnesty does not apply to the respondent if drugs or
alcohol were allegedly used to facilitate a violation of this policy.
(P) Reporting to
law enforcement
Complainants are encouraged to make a report to
law enforcement authorities, even if they decide not to report to the Title IX
coordinator. Making a report to the police does not obligate the complainant to
further participate in the criminal process. Reports of incidents occurring on
the Athens campus may be made to the Ohio university police department
(740-593-1911). Incidents occurring on a regional campus or center, or off
campus, may be made to the local law enforcement agency. ECRC staff, SAP
advocates, counselors in CPS, and other university employees are available to
assist complainants who want to make a report to law enforcement authorities.
(Q) Preservation of
evidence
The preservation of evidence in incidents of
sexual assault is critical to potential criminal prosecution and obtaining
restraining orders, and is particularly time-sensitive. A medical evidentiary
examination provides documentation of the assault, identification of any
injury, and forensic evidence collection. It is important for health, safety,
and evidence collection to have an exam as soon as possible after a sexual
assault.
Refer to the Resources page on the ECRC website
(linked from the "References" part of this policy) for a list of hospitals
close to each campus and center with staff specially trained for sexual assault
examination and evidence collection.
Additionally, documentary evidence such as
emails, texts, social media posts, pictures, videos, etc., may be vital to both
a criminal investigation and the university's grievance process. Retention of
these items preserves the oppotunity to submit them for consideration if an
investigation is undertaken by the police and/or the university.
(R) Federal timely
warning obligations
Under the Clery Act, Ohio university must issue
timely warnings for reported incidents that fall under the definitions of
sexual assault, domestic violence, dating violence, or stalking and pose a
serious or continuing threat of bodily harm or danger to members of the campus
community. If possible, Ohio university will not disclose a complainant's name
and other identifying information, while providing enough information for
community members to make decisions regarding their safety. Ohio university
also collects and shares de-identified statistical information regarding
reported incidents as required by the Clery Act.
(S) Making a false
report
Intentionally making a false complaint or report
of sexual harassment, other sexual misconduct, or retaliation is prohibited,
violates this policy, constitutes misconduct subject to disciplinary action,
and may also be a crime. This does not include allegations that are made in
good faith but are ultimately shown to be erroneous or do not result in a
finding of a policy violation.
Additionally, witnesses and parties knowingly
providing false evidence, tampering with or destroying evidence, or
deliberately misleading an official conducting an investigation or hearing may
be subject to discipline under Ohio university policy. CRC will refer evidence
of intentional false complaints or reports to the appropriate campus
authority.
(T) Privacy
Every effort is made by Ohio university to
preserve the privacy of reports and of the identities of those involved in the
grievance process. This information will not be shared except as necessary to
carry out the purposes of Title IX regulations (34 CFR Part 106), as required
by law, or as permitted by the Family Educational Rights and Privacy Act
(FERPA)
Information related to reports will be shared
with a limited number of Ohio university employees who "need to know" to
respond to the report and/or assist in its assessment, investigation, and
resolution. Ohio university reserves the right to determine which officials
have a legitimate educational interest in being informed about incidents that
fall within this policy, pursuant to FERPA.
When a formal complaint is submitted by the
complainant or signed by the Title IX coordinator, the complainant's identity
and the allegations made in the report must be disclosed to the respondent.
Further, the parties and their advisors will have the opportunity to review all
directly related evidence gathered during the grievance process.
If a report contains sufficiently detailed
information about conduct that may constitute a felony, the matter will be
reported to law enforcement, as discussed in paragraph (I) of this policy. When
required by the Clery Act, the Ohio university police department will be
provided information regarding the report so they can maintain the campus crime
log and assess if a timely warning should be issued to the campus.
Additionally, if any party involved in alleged sexual misconduct is a minor,
Ohio university personnel will notify job and family services or other
appropriate agencies, as required by Ohio law.
(U) Supportive
measures
Supportive measures are non-disciplinary,
non-punitive individualized services offered as appropriate, as reasonably
available, and without fee or charge to the complainant or respondent before or
after the filing of a formal complaint or where no formal complaint has been
filed.
Supportive measures are designed to restore or
preserve equal access to the university's education program or activity without
unreasonably burdening the other party, including measures designed to protect
the safety of all parties or the university's educational environment or to
deter sexual harassment, other sexual misconduct, and retaliation.
Upon receipt of a report alleging a violation of
this policy, the Title IX coordinator will contact the complainant to discuss
the availability of supportive measures and consider the complainant's wishes
regarding what supportive measures may be implemented. The Title IX coordinator
will also explain the process for filing a formal complaint, including that
supportive measures are available with or without the filing of a formal
complaint.
Ohio university will act to minimize the academic
and/or occupational impact on the parties as much as possible and maintain the
privacy of supportive measures to the extent that it does not impair their
provision.
(1) Supportive
measures may include, but are not limited to:
(a) Referral to
campus and community counseling, medical, and/or other healthcare services,
including the employee assistance program, as appropriate
(b) Implementing
mutual no contact orders between the parties*
(c) Altering campus
housing assignment(s)
(d) Altering work
arrangements for employees, including student employees
(e) Academic
support, extensions of deadlines, or other course/program-related adjustments
(f) Class schedule
modifications, withdrawals, or leaves of absence
(g) Safety
planning
(h) Providing
campus safety escorts and/or transportation accommodations
(i) Visa
immigration assistance
(j) Student
financial aid counseling
(k) Timely warnings
(l) Increased
security and monitoring of certain areas of campus
(m) Education to
the campus community or community subgroup(s)
(n) Any other
actions deemed appropriate by the Title IX coordinator
(2) If a party
procures a restraining order or similar order from a court, the party is
encouraged to notify OUPD of the order so that OUPD can assist, as needed, with
enforcement of the order.
(3) *Violations of
no contact orders will be referred to the appropriate student or employee
conduct process for enforcement.
(V) Emergency
removal and administrative leave
Under specific circumstances, Ohio university may
remove a student respondent from the university's education program or activity
on an emergency basis. Before an emergency removal is enacted, the university
conducts an individualized safety and risk analysis, which must determine that
an immediate threat to the physical health and safety of any student or other
individual arising from the allegations of sexual harassment justifies removal.
If so, the respondent is provided notice of emergency removal and an
opportunity to immediately challenge the decision. A full description of the
process for emergency removal may be found in the sexual harassment and other
sexual misconduct grievance process.
If deemed appropriate, Ohio university may place
an employee respondent on administrative leave during the completion of the
grievance process.
(W) Investigation
of formal complaints
Investigation and adjudication of formal
complaints under this policy will be conducted pursuant to the sexual
harassment and other sexual misconduct grievance process (linked from the
references part of this policy)
(1) All reports are
responded to promptly when received by the Title IX coordinator. The grievance
process begins when the respondent is sent notice of the allegations. Every
effort is made to complete the grievance process within ninety business days,
not including appeal. Business days for the purpose of this policy are weekdays
(Monday through Friday) when Ohio university offices are open for normal
operations. Sometimes exceptions or extenuating circumstances can cause the
grievance process to take longer, but Ohio university will avoid all undue
delays within control.
If the general timeframes for the grievance
process outlined in the process document will be delayed, CRC will provide
written notice to the parties of the delay, its cause, and an estimate of the
additional time that will be needed as a result of the delay.
(2) The standard of
evidence applied to determine responsibility for violating this policy is the
preponderance of the evidence standard. The preponderance of the evidence means
that the statements and information presented in the matter must indicate to a
reasonable person that it is more likely than not that the respondent committed
the violation.
(3) When a
respondent is found to be in violation of this policy, appropriate disciplinary
sanctions will be imposed. For a student respondent, these may include
reprimand, disciplinary probation, suspension, and expulsion from the
university. These sanctions may also be imposed on a student organization or
group. For an employee respondent, sanctions may include censure, reprimand,
suspension without pay, demotion and/or loss of tenure, and
dismissal/terminations of employment. Sanctions take into account prior
disciplinary history, if any.
In conjunction with a sanction, a respondent
found to be in violation of this policy may be assigned conditions of a
sanction, which include but are not limited to, access restriction, revocation
of rights and privileges, housing or worksite reassignment, educational
activities, etc.
(4) When a
determination of responsibility has been made against the respondent, the
university will provide remedies to the complainant. Remedies are designed to
restore or preserve the complainant's equal access to Ohio university's
educational program or activity. They may include the same individualized
services as supportive measures; however, remedies need not to be
non-disciplinary or non-punitive and need not avoid burdening the respondent. A
complainant is not entitled to a particular sanction against the respondent.
(X) Consideration
of classroom and instructional settings
The classroom or other instructional setting
(e.g., studio, laboratory, office hours) presents special issues because
academic freedom protects the expression of ideas, even where the idea or its
expression is perceived to be mature, controversial, explicit, graphic, or
offensive. Nevertheless, conduct that would otherwise constitute a violation of
this policy will not be exempt merely because it occurs in an instructional
setting. Rather, the investigation will consider the legitimate pedagogical
context and will take into account discipline-specific guidelines for
professional practice as defined by the appropriate educational unit.
Accordingly, broad deference is given if the
conduct that was the basis for the complaint occurred in an instructional
context. When there is a legitimate pedagogical basis, the presentation or
discussion of sexual topics that are mature, controversial, graphic, or
explicit shall not be considered sexual harassment even if some persons find
these topics subjectively offensive.
(Y) Reasonable
accommodations for persons with disabilities
Any persons living with a disability involved in
the sexual harassment and other sexual misconduct grievance process have the
right to request reasonable accommodation to ensure their full and equal
participation. These requests should be made to the office of accessibility
services (OAS). Parties do not have to disclose information about the complaint
or charge to request reasonable accommodation, except to the extent that it may
assist in determining reasonable accommodations. Accommodations are determined
on an individual basis by OAS and are implemented in consultation with the case
investigator(s). Examples of reasonable accommodation include sign language
interpretor, real-time communication access during hearings, large print
documents, extended time to review documents, or assistance with transcribing
questions during interviews or hearings.
(Z) Prevention
programs
Ohio university provides comprehensive,
intentional, and integrated programming initiatives, strategies, and campaigns
intended to end dating violence, domestic violence, sexual assault and stalking
that are culturally relevant, inclusive of diverse communities and identities,
sustainable, responsive to community needs, and informed by research or
assessed for value, effectiveness, or outcome. These programs consider
environmental risk and protective factors on the individual, relationship,
institutional, community, and societal levels.
Such programs will include a statement that the
university prohibits dating violence, domestic violence, sexual assault, and
stalking; definitions of each of those behaviors, as well as a definition of
consent; a description of safe and positive options for bystander intervention;
information on risk reduction; information regarding the importance of
preserving evidence that may assist in proving that an offense occurred; how
and to whom to report an offense; options about the involvement of law
enforcement; the rights of victims; and information regarding the university's
disciplinary procedures. A list of prevention and awareness programs, including
those directed at new students and employees, is in the Ohio university annual
security report found on the clery act webpage, linked from the references
listed of this policy.
