Definitions and Scope of Sexual Misconduct and Harassment
- The College’s prohibition against sexual misconduct (encompassing a wide range of behaviors including, but not limited to, sexual harassment, sexual assault, domestic violence, dating violence, and stalking) applies to all students, employees, and third-party vendors on campus (i.e., Toledo-area campus, Findlay campus, Downtown Learning Center) including visitors or guests on campus to the extent that there is an allegation of harassment or discrimination made by them against College students or employees.
- Such prohibition extends to off campus conduct or the online/virtual environment if the conduct is in connection with College operations or a College-sponsored program and poses an obvious and serious threat of harm to students and employees, or may have the effect of creating a hostile work and/or educational environment.
Consent -- Permissible sexual conduct requires consent. All parties must verbally agree to participate in a sexual act. Consent may be withdrawn at any time. Prior sexual activity or relationship does not, in and of itself, constitute consent. All parties must:
- share an understanding of what they are consenting to
- share a cultural knowledge about the meaning of the act for which they are giving consent
- offer consent freely, without coercion, force, or manipulations
- be fully mentally capable of offering consent
- know that they can offer consent and still maintain the option to change their mind at any given point and still be treated respectfully.
Someone can never legally give consent in the state of Ohio if they are:
- substantially impaired by any drug or intoxicant
- compelled by force, threat of force, or deception
- impaired because of a mental or physical condition
- coerced by a supervisor or disciplinary authority
- under the age of consent
Coercion -- unreasonable pressure for sexual activity through the use of physical force, threats, intimidation, or exploitation of a person’s inability to understand the situation, understand the consequences, to express his/her desires. This may include but is not limited to, intoxication, under the influence of drugs, unconsciousness, or being under the age of consent.
Dating Violence (also referred to as Intimate Partner Violence) -- violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the length and type of relationship as well as the frequency of interaction between the persons involved in the relationship.
Domestic Violence -- knowingly cause or attempt to cause physical harm to a family or household member (spouse, ex-spouse, parent, child, or other relative who is residing/resided with victim).
Force -- the use of physical violence and/or imposing on someone physically to gain sexual access.
Gross Sexual Imposition - sexual contact with another when an offender purposely compels the other person to submit by force or threat of force.
Hostile environment caused by sexual harassment -- Unwelcome conduct of a sexual nature that creates an uncomfortable work or learning environment.
Intimidation -- Conduct that threatens, intimidates, harasses, or endangers the health of a person, or causes reasonable apprehension of such harm or threat.
Responsible Employee -- An employee of the college who has the authority to take action to redress sexual violence; who has been given the duty of reporting incidents of sexual violence or other misconduct by students to the Title IX Coordinator or other appropriate designee; or whom a student could reasonable believe has this authority or duty. The Title IX Coordinator/Chief Diversity Officer, Dean of Student Life/Deputy Title IX Coordinator, Vice President of Human Resources, Officers within the Department of Public Safety and all Vice Presidents, Associate Vice Presidents, Deans, Chairs, or Department Heads have been designated as “Responsible Employees.”
Retaliation -- Action taken by a person against a person who has sought relief under Title IX. Examples include academic or employment reprisal against an individual who files a complaint or third-party report, or otherwise participates in the investigative and/or disciplinary process. The prohibition against retaliation extends to any person who opposes acts of harassment or discrimination or who testifies, assists, or participates in any manner in investigation, proceeding, or hearing relative to harassment or discrimination.
Sex Offense -- Any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.
- Rape - sexual conduct with another when the offender purposely compels the other person to submit by force or threat of force
- Fondling -- The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.
- Incest -- Nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
- Statutory Rape -- Nonforcible sexual intercourse within a person who is under the statutory age of consent
Sexual Battery - sexual conduct with another when an offender knowingly coerces while impaired, unable to consent, etc.
Sexual Conduct -- Penetration of vagina or anus w/ body part or object.
Sexual Contact - Touching of an erogenous zone of another (including genitalia, groin, breast, or buttock, or clothing covering these areas).
Sexual Harassment -- Unwelcome sexual advance(s), request(s) for sexual favor(s), or other verbal or physical conduct of a sexual nature.
Sexual Imposition - sexual contact with another when offender knows that the sexual contact is offensive to the other person
Stalking -- Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others; or suffer substantial emotional distress.