Definitions

The definitions in this section are applicable to this Title IX Grievance Procedure and not to any other procedure of the University. 

1. Covered Sexual Harassment

 The University prohibits Covered Sexual Harassment against any student, employee or visitor to campus. For the purposes of this Title IX Grievance Procedure, “Covered Sexual Harassment” includes any conduct on the basis of sex that satisfies one or more of the following: 

a. A University employee conditioning educational benefits on participation in unwelcome sexual conduct (i.e., quid pro quo); 

b. Unwelcome conduct that a reasonable person would determine is so severe, pervasive and objectively offensive that it effectively denies a person equal access to a University education program or activity; 

c. Sexual assault (as defined in the Clery Act), which includes any sexual act directed against another person, without the consent of the victim, including instances in which the victim is incapable of giving consent; 

d. Dating violence (as defined in the Violence Against Women Act (VAWA) amendments to the Clery Act), which includes any violence committed by a person: (A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) The length of the relationship; (ii) The type of relationship; (iii) The frequency of interaction between the persons involved in the relationship. 

e. Domestic violence (as defined in the VAWA amendments to the Clery Act), which includes any felony or misdemeanor crimes of violence 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 Ohio’s domestic or family violence laws 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 Ohio.

f. Stalking (as defined in the VAWA amendments to the Clery Act), meaning engaging in a course of conduct directed at a specific person that would cause a reasonable person to (A) fear for their safety or the safety of others; or (B) suffer substantial emotional distress. 

Conduct that does not meet one or more of these criteria may still be prohibited under the Policy Against Discrimination, Harassment, Sexual Violence and Retaliation. 

2. “Consent” or “Affirmative Consent”

“Consent” or “Affirmative Consent” means:

a. Informed (knowing), voluntary (freely given) and active (not passive), meaning that, through the demonstration of clear words or actions, a person has indicated permission to engage in mutually agreed-upon sexual activity. 

b. Consent to one form of sexual activity does not, by itself, constitute consent to another form of sexual activity. 

c. Silence, without more, is not consent. 

d. Consent may be withdrawn at any time by communicating, through clear words or actions, a decision to cease the sexual activity. Once affirmative consent is withdrawn, the sexual activity must cease immediately. 

e. Consent is absent where: (i) Force is applied to obtain consent. Force includes physical violence, abuse of power, threats, intimidation, and/or coercion. (ii) An individual knows or should know, based on the circumstances, that the individual seemingly giving consent is substantially impaired (e.g., by alcohol or drug use, unconsciousness or other reason). An individual who is substantially impaired cannot make a rational, reasonable assessment whether to give consent because she/he lacks the capacity to understand the “who, what, when, where, why, or how” of the sexual interaction. (iii) Coercion occurs when an individual is pressured, psychologically or emotionally manipulated, tricked, threatened, or forced in a nonphysical way, to engage in unwanted sexual activity. Coercion occurs when an individual is caused to believe that sex is owed to another person because of that person’s position of authority or based on the parties’ relationship. Coercion can involve persistent attempts to have sexual contact after an individual has already refused to engage in sexual activity. 

3. Education Program or Activity

 The University’s “education program or activity” means: 

a. Any on-campus premises; 

b. Any off-campus premises over which the University has substantial control. This includes buildings or property owned or controlled by a recognized student organization; or 

c. Activity occurring within computer and internet networks, digital platforms, and computer hardware or software owned or operated by, or used in the operations of the University’s programs and activities over which the University has substantial control.

4. Formal Complaint

 “Formal Complaint” means a document – including an electronic submission - filed by a Complainant with a signature or other indication that the Complainant is the person filing the Formal Complaint, or signed by the Title IX Coordinator, alleging Covered Sexual Harassment against a Respondent which occurred or is occurring within the University’s education program or activity and requesting initiation of procedures consistent with this Title IX Grievance Procedure. 

5. Complainant 

Complainant means any individual who has reported being or is alleged to be the victim of conduct that could constitute Covered Sexual Harassment. A Complainant may also be referred to as a Party. 

6. Relevant Evidence and Relevant Questions

a. Relevant evidence and relevant questions refer to evidence and questions that tends to make an allegation of Covered Sexual Harassment more or less likely to be true. 

b. Relevant evidence and relevant questions do not include the following types of evidence and questions, which are deemed irrelevant at all stages of the Title IX Grievance Procedure: 

i. Evidence and questions about the Complainant’s sexual predisposition or prior sexual behavior unless: the questions are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or the questions concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent. 

i. Evidence and questions that constitute, or seek disclosure of, information protected under a legally-recognized privilege. 

ii. Any Party’s medical, psychological, and similar records unless the Party has given voluntary, written consent. 

7. Respondent

 Respondent means any individual who has been reported to be the perpetrator of conduct that could constitute Covered Sexual Harassment. A Respondent may also be referred to as a Party. 

8. Retaliation

a. Retaliation is any overt or covert act of reprisal, interference, restraint, penalty, discrimination, intimidation or harassment, against any person or group for exercising any rights secured by Title IX or pursuant to the Title IX Policy. 

b. Prohibited retaliation includes retaliatory harassment and retaliation through a third person or persons. 

c. Retaliation which violates the Title IX Policy includes charges filed against an individual for code of conduct violations that: (1) do not involve sex discrimination or sexual harassment, but (2) arise from the same facts or circumstances as a Formal Complaint of Covered Sexual Harassment. For this reason, and to encourage the reporting of possible violations the Title IX Policy and the participation in proceedings pursuant to the Title IX Grievance Procedure, the University will not pursue sanctions against students for code of conduct violations, such as underage possession or consumption of alcohol, drugs or narcotics, when the violation does not place the health and safety of another person at risk, when information about the violation is learned by the Title IX Coordinator as a result of a report and/or during the course of an investigation of a Formal Complaint. 

9. Privacy and Confidentiality

a. Reports of Covered Sexual Harassment are treated with the greatest degree of confidentiality possible. The University shares information about a Formal Complaint, supportive measures or investigations only with those individuals who need to know that information to fulfill the obligation to investigate, support a Party or as required by law. All individuals involved in an investigation are expected to treat all related information as confidentially as possible. 

b. Notwithstanding the obligation of confidentiality, the University is subject to the Ohio Public Records Act and may be required to release records related to a complaint or investigation pursuant to a public records request. 

c. Notwithstanding the obligation of confidentiality, the Complainant and the Respondent may share information relating to a report or investigation with their respective advisor(s), support person(s) and others providing support or assistance in this process to the extent necessary to enable these individuals to provide effective advice and/or support. 

d. The University may also be required to permit a student to inspect and review records related to a complaint or investigation to the extent that they constitute education records as defined in the Family Education Rights and Privacy Act. 

e. The University will comply with requests or subpoenas for records related to a Formal Complaint or investigation as required by law. 

10. Written Communications

The communication of notices and/or written communications will, generally, be addressed to the Parties’ University email addresses. Parties are responsible for regularly checking their email accounts. 

11. Advisor of Choice and Participation of Advisor of Choice

a. Parties are required to participate in this Procedure directly and not through an advocate or representative. Parties participating as Complainant or Respondent in this Procedure may be accompanied by an Advisor of Choice. The Advisor of Choice is present to support a Party, is not an advocate and cannot speak for a Party, except where explicitly stated in this Title IX Grievance Procedure and consistent with the Final Rule. 

b. The University permits the Parties to have equal access to Advisors of Choice. Limitations on participation by Advisors of Choice apply equally to both Parties. 

c. The Parties have the right to select one Advisor of Choice, including an attorney. 

d. A Party’s Advisor of Choice may accompany the Party to any meeting or proceeding held pursuant to this Title IX Grievance Procedure. 

e. The University will attempt to schedule proceedings pursuant to this Procedure on dates where all Parties’ Advisor of Choice is available, provided that Advisors of Choice demonstrate good faith in the effort to find dates and times that meet all schedules. The University cannot agree to extensive or unreasonable delays solely to accommodate the schedule of an Advisor of Choice. The determination of whether a delay is reasonable shall be made by the Title IX Coordinator or designee, but the Title IX Coordinator or designee is not required to delay a proceeding under this Procedure by more than five (5) days due to the unavailability of an Advisor of Choice, and may offer the Party the opportunity to be accompanied by a different Advisor of Choice. 

f. A person is not disqualified from serving as a Party’s Advisor of Choice merely because the person is also a witness to some or all of the matters set out in the Formal Complaint. 

12. Notice of Meetings and Interviews

 The University will provide, to a Party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all hearings, investigative interviews, or other meetings with a Party, with sufficient time for the Party to prepare to participate. 

13. Delays

 Each Party may request in writing to the Title IX Coordinator a one-time delay at any point in the Title IX Grievance Procedure of up to five (5) days for good cause (granted or denied in the sole judgment of the Title IX Coordinator or designee) provided that the requesting Party provides reasonable notice and the delay does not overly inconvenience other persons involved in the proceeding. The Title IX Coordinator may grant further extensions of time and/or pauses in the Procedure on reasonable grounds. 

14. Bias

The Parties may raise concerns about bias and conflict of interest of the Title IX Coordinator, Investigator or Decision-Maker during this process, including at the commencement of the Live Hearing. Issues of bias must be raised as soon as a Party learns of facts which are alleged to demonstrate the existence of bias or conflict of interest. Concerns about the Title IX Coordinator’s or the Investigator’s bias or conflict of interest must be raised in writing with the Title IX Coordinator as soon as a Party becomes aware of facts that create the concern. Concerns about the Decision-Maker’s bias or conflict of interest must be raised on the record with the Decision Maker at the Live Hearing, or if the concern about bias or conflict of interest does not arise until after the Live Hearing is concluded, in writing to the Title IX Coordinator as soon as a Party learns of facts which are alleged to demonstrate the existence of the bias or conflict of interest. The Title IX Coordinator and/or the Decision-Maker will consider the allegation of bias or conflict of interest, but is not required to stop the proceedings pursuant to this Title IX Grievance Procedure, including the Live Hearing, because a Party has made an allegation of bias or conflict of interest. 

15. Training

 Any person serving as a Title IX Coordinator, Investigator, Advisor of Choice, Decision-Maker, Informal Resolution Facilitator, Decision Maker on a matter of Emergency Removal or appeal of an Emergency Removal, or Decision-Maker on Appeal will first receive training on all topics required by the Final Rule. The Title IX Coordinator will post the training as required by the Final Rule on the Title IX webpages.