Prohibited Conduct & Definitions

Prohibited Conduct

Sexual Harassment – conduct on the basis of sex that satisfies one or more of the following:

1. Unwelcome conduct determined to be so severe, pervasive and objectively offensive that it effectively denies a person equal access to an educational program or activity;
2. Any instance of quid pro quo harassment by a College employee;
3. Any instance of sexual assault, dating violence, domestic violence, or stalking.

Sexual Assault – Any sexual act directed against another person, without consent of the complainant, including instances where the complainant is incapable of giving consent.

1. Sex Offense, Forcible: Any sexual act directed against another person, without consent of the complainant, including instances in which the complainant is incapable of giving consent.
   1. Forcible Rape: Penetration, no matter how slight, of the vagina or anus, with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
   2. Forcible Sodomy: Oral or anal sexual intercourse with another person, forcibly, and/or against that person’s will (non–consensually), or not forcibly against the person’s will in instances in which the complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.
   3. Sexual Assault with an Object: The use of an object or instrument to penetrate, however slightly, the genital or anal opening of the body of another person, forcibly, and/or against that person’s will (non–consensually).
   4. Forcible Fondling: Touching of the private body parts of another person for the purpose of sexual gratification, forcibly, and/or against that person’s will (non–consensually), or not forcibly or against the person’s will in instances in which the complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.
2. Sex Offense, Non-Forcible: Any sexual act directed against another person, without consent of the complainant, including instances in which the complainant is incapable of giving consent.
   1. Incest: Non–forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
   2. Statutory Rape: Non–forcible sexual intercourse with a person who is under the age of consent of 18 years old

Dating Violence – Violence, on the basis of sex, committed by a person who is or has been in a social relationship of a romantic or intimate nature with the complainant.

1. The existence of such a relationship shall be 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.
2. For the purposes of this definition:
   1. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
   2. Dating violence does not include acts covered under the definition of domestic violence.

Domestic Violence – violence, on the basis of sex committed by:

1. a current or former spouse or intimate partner of the complainant
2. a person with whom the complainant shares a child in common, or
3. a person who is cohabitating with or has cohabitated with the complainant as a spouse or intimate partner, or
4. a person similarly situated to a spouse of the complainant under the domestic or family violence laws of Ohio,
5. any other person against an adult or youth complainant who is protected from that person’s acts under the domestic or family violence laws of Ohio.

Stalking – engaging in a course of conduct, on the basis of sex, directed at a specific person that:

1. would cause a reasonably person to fear for the person’s individual safety, the safety of others, or suffer substantial emotional distress
2. For the purposes of this definition:
   1. Course of conduct means two or more acts, including, but not limited to, acts 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.
   2. Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.
   3. Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

Sex Discrimination – Negative or adverse treatment based on sex, sexual orientation, gender, gender expression, or gender identity.

Force, Coercion, Consent, and Incapacitation

1. Force – the use of physical violence and/or physical imposition to gain sexual access. Force includes threats, intimation, and coercion that is intended to overcome resistance or produce consent.
2. Coercion – unreasonable pressure for sexual activity or sexual contact against a person’s will.
3. Consent – knowing, voluntary, and clear permission by word or action to engage in sexual activity. It is the responsibility of each party to determine that the other has consented before engaging in activity.  If consent is not clearly provided prior to engaging in the activity, consent may be ratified by word or action at some point during the interaction or thereafter, but clear communication from the onset is strongly encouraged.  For consent to be valid there must be a clear expression of words, or action(s) that the other individual consents to the specific sexual conduct.  Reasonable reciprocation can be implied.  Consent can also be withdrawn once given, as long as the withdrawal is reasonably and clearly communicated.  If consent is withdrawn, the sexual activity should cease within a reasonable time.  Consent to some sexual contact cannot be presumed to be consent for other sexual activity.  A current or previous intimate relationship is not sufficient to constituted consent.
4. Incapacitation – when someone cannot make rational, reasonable decisions because they lack the capacity to give knowing/informed consent

Retaliation – The College or any other person may not intimidate, threaten, coerce, or discriminate against any individuals for the purpose of interfering with any right or privilege secured by these procedures, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding or hearing.  These protections are provided to anyone engaged with the process as outlined in this procedure, a grievance process related to an original allegation of this procedure, or what could have been an allegation of this procedure.

Definitions

Advisor – a person chosen by a party or appointed by the College to accompany the party to meetings related to the Title IX resolution process, to advise the party on that process, and to conduct cross–examination for the party at the hearing, if any. Advisors can refuse a request to advise and are cautioned to avoid conflicts of interest.  A party’s advisor will not be limited and could include but is not limited to, a faculty member, staff member, coach, attorney, parent, friend, labor union representative, or community resource/advocate.

Complainant – The individual who is alleged to be the victim of conduct that could constitute sexual misconduct, or retaliation for engaging in a protected activity.

Complaint (formal) – a document filed/signed by a Complainant or signed by the Title IX Coordinator alleging sexual misconduct or retaliation for engaging in a protected activity against a Respondent and requesting that the College investigate the allegation.

Confidential Employee – An employee of the College, who by role, is designated as a confidential resource for the campus community to discuss sexual misconduct without automatically triggering a report to the Title IX Coordinator.  The employees in the Counseling Services Office including the Director of Counseling Services and Counselor for Counseling Services is designated as such.

Decision Maker – a panel of individuals identified and trained by the College, including a Chair of the panel that is utilized in the live hearing process.  The decision maker is free of conflict of interest with any specific party and free of bias for or against any parties generally or a conflict of interest with any specific party.  The decision maker is trained on:

• The definitions of sexual harassment and other offenses;
• The scope of the College’s programs and activities;
• How to conduct fair and impartial investigations;
• Any and all of the College’s grievance processes;
• Any technology to be used at a live hearing;
• Issues of relevance for both questions and evidence

Education Program or Activity – locations, events, or circumstances where the College exercises substantial control over both the Respondent and the context in which the sexual misconduct occurs and also includes any building owned by the College.

Final Determination – a conclusion by the preponderance of evidence that the alleged conduct occurred and whether it did or did not violate policy.

Finding – a conclusion by the preponderance of evidence that conduct did or did not occur as alleged.

Grievance Process – a method of resolution designated by the College to address conduct that falls within this policy and procedure.

Notice – an employee, student, or third–party informs the Title IX Coordinator of an alleged occurrence of sexual misconduct and/or retaliatory conduct.

Officials with Authority (OWA) – individuals as designated by the College with the authority to institute corrective measures on behalf of the College.  These individuals include the Title IX Coordinator and designated Deputy Title IX Coordinators.

Parties – include the complainant(s) and respondent(s), collectively.

Preponderance of Evidence – the standard of evidence used to determine whether a violation has occurred and means “more likely than not.”

Remedies – post–finding actions directed to the complainant and/or the community as mechanisms to address safety, prevent recurrence, and restore access to the College’s education program.

Respondent – an individual who has been reported to be the perpetrator of conduct that could constitute sexual misconduct; or retaliation for engaging in a protected activity.

Resolution – the result of an informal or formal grievance process.

Sanction – a consequence imposed by the College on a respondent who is found to have violated College policy or procedure.

Sexual misconduct – includes sexual harassment, sexual assault, dating violence, domestic violence, and stalking and any discrimination based on sex, including sex stereotyping, program exclusion, pregnancy and other forms of disparate treatment.

Supportive Measures – individualized services reasonably available that are non–punitive, non–disciplinary, and not unreasonably burdensome to the other party while designed to ensure equal educational access, protect safety, or deter sexual harassment.

Title IX Coordinator – the official designated by the College to ensure compliance with Title IX and the College’s Title IX program.  References to the Title IX Coordinator throughout these procedures may also encompass a designee (Deputy) for specific tasks.