(A) Purpose
The university is committed to maintaining a
		  safe, nondiscriminatory environment in which students and employees of the
		  university can work, learn, and participate in activities free from sexual
		  harassment. Title IX of the education amendments of 1972 and its associated
		  regulations prohibit discrimination on the basis of sex in any education
		  program or activity receiving federal funds. The conduct outlined in this rule,
		  committed against any students or employees of the university, are prohibited
		  conduct under federal law.
(B) Scope
This rule applies to acts committed by students,
		  employees, or visitors/vendors of the university regardless of gender identity
		  or expression or sexual orientation. This rule defines prohibited conduct as it
		  relates to sexual harassment under Title IX of the education amendments of
		  1972. Students and employees of the university may be victims of sexual
		  harassment by individuals unaffiliated with the university. For the purposes of
		  this rule, employees are full or part time faculty or staff members; students
		  are those who are enrolled in one or more programs at the university; and
		  visitors are those who are not obtaining a degree, attending classes, or
		  directly employed by the university. Student employees are considered students
		  for the purposes of this rule. 
Formal complaints of sexual harassment filed by a complainant or
		  signed by the Title IX coordinator will be resolved in accordance with the
		  university's Title IX grievance procedures set forth in this rule. The Title IX
		  grievance procedures have been developed to provide an equitable process for
		  determining whether a violation of this rule has occurred, as well as to
		  remediate the effects, and prevent the occurrence of, prohibited conduct in
		  violation of this rule.
(C) Definitions
(1) "Actual knowledge"
			 refers to notice of sexual harassment or allegations of sexual harassment to
			 the Title IX coordinator or any official with authority (OWA). 
(2) "Complainant" refers
			 to an individual who is alleged to be the victim of conduct that could
			 constitute sexual harassment. Where the Title IX coordinator signs a formal
			 complaint, the Title IX coordinator is not a complainant or otherwise a party
			 in the matter. 
(3) "Coercion" for the
			 purposes of this rule refers to the intimidation, threats of the physical or
			 psychological nature, or pressure used to force another to engage in sexual
			 acts. 
(4)  "Consent" for the
			 purposes of this rule, refers to permission or agreement to engage in sexual
			 activity. Consent can be given by words or actions as long as those words or
			 actions create mutually understandable permission and willingness to engage in
			 sexual activity. Consent must be active; silence cannot constitute consent nor
			 can consent to one form of sexual activity be implied as consent to another
			 form of activity. Consent can be withdrawn at any time and previous consent for
			 a sexual act cannot imply future consent. Consent for sexual activity is not
			 present if an individual:
(a) Is in a state of incapacitation (from
				alcohol or drug use or mental or physical impairment) whereas another
				individual knows or should have reasonably known of the incapacitation;
				
(b) Is coerced; 
(c) Is subjected to the use of force or the
				threat of force; 
(d) Is unconscious or unaware the act is
				being committed; or 
(e) Is unable to consent due to
				age.
(5) "Course of conduct,"
			 as it relates to stalking, means two or more acts, including, but not limited
			 to, acts in which the stalker 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.
(6) "Education program or
			 activity" refers to locations, events, or circumstances over which the
			 university exercised substantial control over both the respondent and the
			 context in which the sexual harassment occurred, including any building owned
			 or controlled by a student organization that is officially recognized by the
			 university.
(7) "Formal complaint"
			 refers to a document filed by a complainant or signed by the Title IX
			 coordinator alleging sexual harassment against a respondent and requesting that
			 the university address the allegation of sexual harassment.
(8) "Incapacitation"
			 refers to the state of substantial impairment when an individual is unable to
			 make reasonable, rational decisions because they lack the capacity to give
			 knowing consent. For the purposes of this rule, incapacitation includes
			 individuals whose impairment results from physical or mental disabilities,
			 involuntary restraint, or the consumption of alcohol or other drugs.
			 Incapacitation cannot be used in a defense for behavior that violates this
			 rule.
(9) "Official with
			 authority" refers to an employee who has authority to institute corrective
			 measures for sexual harassment on behalf of the university. For the purposes of
			 this rule, OWAs include the Title IX coordinator, vice president of human
			 resources, senior executive director of academic affairs and student services,
			 assistant dean of students in the college of medicine, assistant dean of
			 student success in the college of pharmacy, and vice dean in the college of
			 graduate studies.
(10) "Reasonable person"
			 means a reasonable person under similar circumstances and with similar
			 identities to the victim. 
(11) "Respondent"
			 refers to the person alleged to have engaged in conduct that could constitute
			 sexual harassment as defined in this rule. A respondent is presumed not
			 responsible for the alleged conduct until a determination is made in accordance
			 with this rule. 
(12)  "Retaliation"
			 refers to intimidation, threats, coercion, or discrimination against any
			 individual for the purpose of interfering with any right or privilege secured
			 by Title IX or because an individual made a report or complaint, or
			 participated or refused to participate in any Title IX grievance
			 process.
(13)  "Sexual
			 harassment," for the purposes of this rule, refers to conduct on the basis of
			 sex which occurs within the university's education program or activity against
			 a person in the united states, and satisfies one or more of the
			 following:
(a) "Sexual harassment by quid pro quo" is an
				employee of the university conditioning the provision of an aid, benefit, or
				service of the university on an individual's participation in unwelcome sexual
				conduct;
(b) "Sexual harassment by hostile
				environment" is unwelcome conduct determined by a reasonable person to be so
				severe, pervasive, and objectively offensive that it effectively denies a
				person equal access to the university's education program or activity;
				or
(c) Conduct that meets any of the following
				definitions:
(i) "Sexual assault" includes conduct that
				  meets any of the following definitions:
(a) "Rape" means the carnal knowledge of a
					 person, without the victim's consent, including instances where the victim is
					 incapable of giving consent because of his/her age or because of his/her
					 temporary or permanent mental or physical incapacity. "carnal knowledge" means
					 the slightest penetration of vagina by the penis. 
(b)  "Sodomy" means non-consensual oral or
					 anal sexual intercourse with another person, including instances where the
					 victim is incapable of giving consent because of his/her age or because of
					 his/her temporary or permanent mental or physical incapacity.
(c)  "Sexual assault with an object" means
					 use an object or instrument (other than a person's genitalia) to unlawfully
					 penetrate, however slightly, the genital or anal opening of the body of another
					 person, without the victim's consent, including instances where the victim is
					 incapable of giving consent because of his/her age or because of his/her
					 temporary or permanent mental or physical incapacity.
(d)  "Fondling" means the touching of the
					 private body parts of another person for the purpose of sexual gratification,
					 without the victim's consent, including instances where the victim is incapable
					 of giving consent because of his/her age or because of his/her temporary or
					 permanent mental or physical incapacity.
(e)  "Incest" means sexual intercourse
					 between persons who are related to each other within the degrees wherein
					 marriage is prohibited by law.
(f)  "Statutory rape" means sexual
					 intercourse with a person who is under the statutory age of
					 consent.
(ii) "Dating violence" means an act 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 shall be determined by the length of the relationship, the type of
				  relationship, and the frequency of interaction between the persons involved in
				  the relationship.
(iii) "Domestic violence" refers to felony
				  or misdemeanor crimes committed by a current or former spouse or intimate
				  partner of the victim, by a person with whom the victim shares a child in
				  common, by a person who is cohabitating with or has cohabitated with the victim
				  as a spouse or intimate partner, by a person similarly situated to a spouse of
				  the victim under the domestic or family violence laws of the jurisdiction
				  receiving grant monies, or by any other person against an adult or youth victim
				  who is protected from that person's acts under the domestic or family violence
				  laws of the jurisdiction.
(iv) "Stalking" refers to engaging in a
				  course of conduct directed at a specific person that would cause a reasonable
				  person with similar characteristics under similar circumstances
				  to:
(a) Fear for the person's safety or the
					 safety of others; or
(b) Suffer substantial emotional
					 distress.
(D) Body of rule
(1)  Jurisdiction. To
			 meet the jurisdictional conditions of Title IX, alleged conduct must occur in
			 the university's education program or activity or within the scope of
			 employment against a person in the United States. This includes alleged conduct
			 which occurs on campus or as part of the university's operations, including
			 computer and online platforms owned and operated by, or used in the operations
			 of the university.
(a) Complaints of alleged conduct that does not fall under
				the jurisdiction conditions set forth in paragraph (D)(1) of this rule will be
				dismissed for the purposes of Title IX. In situations where a complaint is
				dismissed under Title IX, the parties will be notified in writing and given a
				period of five business days to appeal the dismissal, in writing, to the vice
				president for human resources and diversity (or designee). Allegations
				dismissed under Title IX may still constitute a violation of other university
				rule and may be addressed using separate conduct processes.
(b) The university may dismiss a formal complaint or any
				allegations therein, if at any time during the grievance process, prior to
				reaching an informal or formal resolution:
(i) The complainant notifies the Title IX
				  coordinator in writing that the complainant would like to withdraw the formal
				  complaint or any allegations it contains; 
(ii) The respondent is no longer enrolled or
				  employed by the university; or 
(iii) Specific circumstances prevent the
				  university from gathering evidence sufficient to reach a determination as to
				  the formal complaint or allegations it contains. 
(2)  Reporting. The
			 university supports and encourages the campus community to report any and all
			 instances of gender-based violence to the following resources:
(a) Title IX coordinator. Reports of sexual harassment
				should be made to the Title IX coordinator, whose contact information can be
				found at https://www.neomed.edu/diversity/title-ix/. Reports may be made at any
				time, including during non-business hours. The Title IX coordinator, or
				designee, will respond to the report with a request for an intake meeting
				within twenty-four business hours after addressing immediate supportive
				measures/safety.
(b)  Law enforcement. Reports may be made to the NEOMED
				police department at 330-325-5911 or to the Portage county sheriff's office at
				330-296-5100 if a person believes the sexual harassment he/she experienced may
				constitute a crime. A report can be made to both law enforcement and university
				employees designed in this rule. Reports made to the NEOMED police department
				are not confidential.
(c) Other reporting sources. Reports made to officials with
				authority are not confidential. These individuals are required to inform the
				Title IX coordinator of any such report made to them: 
(i) Vice president of human
				  resources;
(ii) Senior executive director of academic
				  affairs and student services;
(iii) Assistant dean of students in the
				  college of medicine;
(iv) Assistant dean of student success in
				  the college of pharmacy; and
(v) Vice dean in the college of graduate
				  studies.
(d) Confidential reports. Reports made to one of the
				licensed counselors in the center for student wellness and counseling services
				(CSWCS) are confidential and will not be reported to the Title IX
				coordinator.
(e) Anonymous reports. Anonymous reports will
				be accepted; however, in these instances, the university's ability to provide
				supportive measures or investigate the alleged conduct may be compromised. The
				university will address anonymous complaints to the extent possible.
				
(f)  Consolidation of formal complaints. The
				university may consolidate formal complaints as to allegations of sexual
				harassment against more than one respondent, or by more than one complainant
				against one or more respondents, or by one party against the other party, where
				the allegations of sexual harassment arise out of the same facts or
				circumstances.
(g)  False complaints. Intentionally filing a
				false complaint of sexual harassment is a violation of this rule and could
				constitute a criminal act. Evidence of this nature will be referred to the
				university's general counsel.
(h)  Retaliation. Neither the university nor
				any other person may retaliate against an individual for the purpose of
				interfering with any right or privilege secured by Title IX or because an
				individual made a report or complaint, or participated or refused to
				participate in any Title IX grievance process. Retaliation should be reported
				promptly to the Title IX coordinator. Evidence of retaliation is grounds for
				disciplinary action.
(i) Limited amnesty. Individuals who make a
				report of sexual harassment or participate in any sexual harassment grievance
				procedure may not be subject to disciplinary action by the university for
				behavior that is otherwise considered a violation of the student conduct code
				or terms of employment. This includes the personal consumption of alcohol or
				drugs at or near the time of the incident, provided that any such violations
				did not place the health or safety of any other person at risk. 
(j)  Minors. Upon receipt of a report of
				alleged sexual harassment or sexual violence committed by or upon a minor in a
				university affiliated program or activity, the Title IX coordinator or designee
				shall:
(i)  Complete an immediate safety assessment
				  to restore a safe environment;
(ii)  Determine whether local law
				  enforcement and/or children and family services have been notified and decide
				  whether such notification is required or appropriate;
(iii)  Notify the parents or guardians of
				  the minor(s) involved; and
(iv) The Title IX coordinator or designee
				  will review this rule with the guardian(s), provide available on and off campus
				  resources to the minor, and explain the process to submit a formal complaint.
				  
(3)  Supportive
			 measures
(a)  Supportive measures are non-disciplinary, non-punitive
				individualized services offered by the Title IX coordinator as appropriate and
				as reasonably available, without fee or charge, to the complainant or
				respondent. Supportive measures may be offered before or after the filing of a
				formal complaint, or where no formal complaint has been filed.
(b) Supportive measures are designed to
				restore or preserve equal access to the university's education program or
				activity.
(c) Supportive measures may include, but are
				not limited to:
(i) Mutual no contact
				  directives;
(ii) Counseling and health
				  services;
(iii)  Course-related
				  adjustments;
(iv) Modifications of work or class
				  schedules; 
(v)  Campus escort services;
(vi)  Academic support;
(vii) Consideration of leave requests; and
				  
(viii)  Designated hours for use of shared
				  facilities.
(4)  Resources and
			 support
(a) Confidential resources 
(i) The CSWCS is an
				  on-campus confidential resource and can be reached at 330-325-6757. Making a
				  report to CSWCS licensed counselors will not result in a report to law
				  enforcement or other university personnel, including the Title IX coordinator.
				  
(ii) Off-campus,
				  twenty-four/seven local crisis resources include townhall II, which can be
				  reached at 330-678-4357(help), and coleman professional services, which can be
				  reached at 330-296-3555. 
(b) Treatment. Any person who has experienced
				an act of sexual violence is encouraged to go to the nearest emergency room or
				hospital for evaluation, treatment, and counseling. St. Thomas hospital in
				Akron, Ohio, offers specialized services for victims of sexual violence. Though
				a person who has experienced an act of sexual violence may choose whether to
				notify law enforcement authorities about the offense, filing a police report
				near in time will: 
(i)  Ensure the person receives necessary
				  medical treatment and tests at no expense;
(ii) Provide an opportunity for the
				  time-sensitive collection of evidence helpful in the prosecution, such as
				  collecting soiled clothes and advising the person to refrain from bathing or
				  douching, washing his/her face, urinating, drinking liquids, eating, or
				  brushing his/her teeth; and 
(iii)  Assure that the person has access to
				  free confidential counseling from counselors specifically trained in the area
				  of sexual assault crisis intervention.
(c)  Advisors of choice. Both parties are
				permitted to be accompanied to any and all meetings and interviews related to
				the Title IX grievance process by an advisor that the party chooses. This can
				include but is not limited to: a parent, friend, lawyer, or colleague. A party
				can request to the Title IX coordinator that an advisor of choice be assigned
				to them, and the university will provide a trained advisor to the party free of
				charge. Advisors of choice are mandatory during the formal resolution live
				hearing process but are optional at other stages.
(5) Procedures for
			 resolving formal complaints of sexual harassment 
(a) Informal resolution
(i) Informal resolution is only available in
				  situations where a formal complaint has been filed by the complainant.
				  
(ii)  After a formal complaint is filed, the
				  respondent will be provided notice of the allegations of sexual harassment
				  potentially constituting a violation of this rule. The respondent will be given
				  a minimum of three days to prepare for any informal resolution.
(iii)  In order to proceed with an informal
				  resolution, both parties must provide voluntary, written consent to the
				  informal resolution process. In situations where neither party, or only one of
				  the parties, agrees to an informal resolution, the Title IX coordinator will
				  proceed with the formal resolution process.
(iv) In situations where the respondent is
				  an employee of the university and the complainant is a student of the
				  university, there is no option for informal resolution and the Title IX
				  coordinator will proceed with the formal resolution process. 
(v)  Any informal resolution will be
				  conducted through a facilitator in a manner designed to provide a prompt, fair,
				  and impartial resolution.
(vi) Both parties have the right to be
				  accompanied at any meetings as part of the informal process by an advisor of
				  choice. 
(vii) The complainant and respondent are
				  not required to address the formal complaint directly with one another if they
				  choose to pursue an informal resolution. 
(viii) Both parties have the right to
				  discontinue the informal resolution and initiate the formal resolution process
				  at any time prior to both parties signing an informal resolution agreement.
				  
(ix)  Both parties have the right to request
				  an informal resolution prior to any hearings as part of the formal resolution
				  process; however, both parties must agree, in writing, to proceed with an
				  informal resolution.
(x)  Both parties will be asked to sign an
				  informal resolution agreement within three business days of the conclusion of
				  the informal resolution. If one or both of the parties does not sign the
				  informal resolution agreement within the specified timeframe, the Title IX
				  coordinator will proceed with the formal resolution process.
(xi) The case will be closed once both
				  parties have signed an informal resolution agreement. There are no bases to
				  appeal an informal resolution.
(b)  Formal resolution
(i)  Formal resolution is only available in
				  situations where a formal complaint has been filed by the complainant or signed
				  by the Title IX coordinator.
(ii) Any formal resolution will be conducted
				  in a manner designed to provide a prompt, fair, and impartial resolution. Most
				  formal resolutions will be resolved within a ninety-day window. The Title IX
				  coordinator will notify the parties if this time frame will not be met and
				  provide sufficient reasoning.
(iii)  Both parties have the right to be
				  accompanied at any meetings, interviews, or hearings as part of the formal
				  process by an advisor of choice.
(iv) There is the presumption that the
				  respondent is not responsible for the alleged conduct until a determination
				  regarding responsibility is made at the conclusion of the formal resolution
				  process.
(v) After a formal complaint is filed, the
				  respondent will be provided notice of the allegations of sexual harassment
				  potentially constituting a violation of this rule, along with a minimum of
				  three days to prepare for any initial interview. 
(vi)  A formal investigation into the
				  allegations will include interview(s) with the complainant, interview(s) with
				  the respondent, and interviews with any witnesses believed to possess relevant
				  evidence regarding the allegations.
(vii)  Both parties will have an
				  opportunity to examine a draft version of the investigatory report and any
				  relevant evidence collected throughout the investigation and will have a period
				  of ten business days to submit a written response.
(viii)  The investigator(s) will compile a
				  final investigatory report, which will be provided to both parties and their
				  advisors of choice no less than ten business days prior to any hearings on the
				  matter.
(ix) Live hearings will take place via video
				  conference and will be closed to the public. During the live hearing, both
				  parties will have the opportunity to cross-examine one another, as well as any
				  witnesses, through an advisor of choice. If either party does not have an
				  advisor of choice, an advisor will be provided by the university at no cost for
				  the sole purpose of conducting the cross-examination. 
If a party or witness does not submit to cross-examination at
				  the live hearing, a decision-maker may consider any statements made by that
				  party or witness when reaching a determination regarding responsibility, so
				  long as the statements are otherwise permitted under Title IX
				  regulations.
(x)  The preponderance of the evidence standard will be
				  applied in any formal resolution process initiated by a formal complaint of
				  sex-based harassment. A "preponderance of the evidence" is met if it is
				  determined to be more likely than not, based on the evidence available, that
				  the respondent's behavior violated the sexual harassment under this
				  rule.
(xi) At the conclusion of the live hearing, the decision
				  maker(s) issue a written decision, which shall include the following:
				  
(a) A statement of the allegations made to
					 support a claim of sexual misconduct; 
(b)  A description of the procedures followed
					 throughout the process, starting from the formal complaint through the
					 determination;
(c)  The findings of fact to support the
					 determination;
(d) A conclusion regarding whether the
					 university rule was violated based on the factual findings; 
(e)  A statement of the result as to each
					 allegation, including the rationale for the statement and a determination of
					 responsibility;
(f)  A statement of any disciplinary
					 sanctions imposed upon the respondent or remedies put in place in to restore or
					 preserve; and
(g) The procedure and available bases for
					 appeal. 
(c)  Appeals. Only formal resolutions may be
				appealed. Both parties have the right to submit a written appeal within five
				business days of receiving the written decision. Appeals should be submitted to
				the vice president for human resources and diversity or designee. Appeals can
				only be made on any one of the following grounds:
(i)  Procedural irregularity that affected
				  the outcome of the matter;
(ii) New evidence that was not reasonably
				  available at the time the determination regarding responsibility or dismissal
				  was made, that could affect the outcome of the matter; and 
(iii)  The Title IX coordinator,
				  investigator(s), or decision-maker(s) had a conflict of interest or bias for or
				  against complainants or respondents generally or the individual complainant or
				  respondent that affected the outcome of the matter.
(6) Disciplinary
			 sanctions
Sanctions may only be imposed as the result of disciplinary
			 proceedings and may not be imposed prior to informal resolution or a finding of
			 responsibility at the conclusion of the formal process. Possible sanctions
			 include:
(a) Suspension from or termination of further
				employment;
(b) Suspension or dismissal from further
				matriculation;
(c) Adjustments to work, living or learning
				situations;
(d) No-contact directives;
(e) Educational intervention; or
(f) Restrictions from participating in co-curricular
				activities.
(7) Emergency removal and
			 administrative leave. The university may remove a respondent from the
			 university's education program or activity on an emergency basis. Prior to
			 removal, the university will conduct an individualized safety and risk analysis
			 and must determine that an immediate threat to the physical health or safety of
			 any student, employee, or other individual arising from the allegations of
			 sexual harassment justifies removal. The university will provide notice of an
			 emergency removal and give the respondent an opportunity to challenge the
			 emergency removal decision immediately following the removal.
The university may place a non-student employee respondent on
			 administrative leave while a grievance process is pending.