Ohio Administrative Code › Title 3364 - University of Toledo › Chapter 3364-50 › Section 3364-50-01 - The university of Toledo Title IX policy

Current through all regulations passed and filed through July 1, 2024
(A) Policy statement
The university of Toledo (the university) is committed to
				providing a workplace and educational environment, as well as other benefits,
				programs, and activities that are free from sex discrimination, sexual
				harassment and retaliation. The university is also committed to ensure
				compliance with federal and state civil rights laws and regulations, and to
				affirm its commitment to promoting the goals of fairness and equity in all
				aspects of the educational program or activity. Title IX of the Education
				Amendments of 1972 ("Title IX") is a federal law that prohibits sex
				discrimination.
The university has developed internal policies and procedures
				that provide a prompt, fair, and impartial process for those involved in an
				allegation of sex discrimination, sexual harassment or retaliation. The
				university values and upholds the equal dignity of all members of its community
				and strives to balance the rights of the parties in the grievance process
				during what is often a difficult time for all those involved.
(B) Purpose of policy
The university seeks, through this policy, to acknowledge and
				comply with its duties under federal and state laws and set forth a
				comprehensive framework for receiving, processing, investigating, and resolving
				complaints of sex discrimination, sexual harassment and retaliation related to
				participation in a process covered by this policy. This policy also provides
				the university community with necessary information regarding how to file
				complaints, receive assistance and support.
(C) Scope
The core purpose of this policy is to prohibit sex
				discrimination, sexual harassment and retaliation. When an alleged violation of
				this policy is reported, the allegations are subject to resolution under this
				policy as detailed below.
When the respondent is a member of the university community, a
				grievance process may be available regardless of the status of the complainant,
				who may or may not be a member of the university community. The university
				community includes, but is not limited to, students, student
				groups/organizations, faculty, administrators, staff, and third parties such as
				guests, visitors, volunteers, invitees, and campers. For the purpose of this
				policy, rule
				3364-30-04
				of the Administrative Code defines "student" as all persons who have been
				notified of their acceptance, expressed intent to, and/or have registered for
				classes, or otherwise entered into any other contractual relationship with the
				university to take instruction. This includes but is not limited to all
				individuals taking classes in person or through distance learning, pursuing
				undergraduate or graduate degrees, or who reside in university-owned housing or
				who live off-campus, who are not enrolled for the current term, but have a
				continuing relationship with the university. Student status ceases when an
				individual graduates, is not enrolled for two consecutive semesters, or an
				individual who is suspended, dismissed, or expelled for any reason.
The Title IX procedures may be applied to incidents, to
				patterns, and/or to the campus climate, all of which may be addressed and
				investigated in accordance with this policy.
(D) Jurisdiction of Title IX policy
This policy applies to sex discrimination, sexual harassment
				and retaliation as those terms are defined in 34 C.F.R. part 106 . This applies
				to the educational and employment program of the university, related to conduct
				that takes place on the campus or on property owned or controlled by the
				university, at university-sponsored events, or in buildings owned or controlled
				by the university's recognized student groups/organizations. The respondent
				must be a member of the university's community in order for this policy to
				apply.
This policy can also be applicable to the effects of off-campus
				misconduct that effectively deprives someone of access to the university's
				educational or employment program. Regardless of where the conduct occurred,
				the university will evaluate notices and complaints to determine whether the
				conduct occurred in the context of its employment or educational program or
				activity and/or has continuing effects on campus or in an off-campus sponsored
				program or activity within the United States.
If the respondent is unknown or is not a member of the
				university community, the Title IX coordinator will assist the complainant in
				identifying campus and local resources and support options and/or, when
				criminal conduct is alleged, in contacting local or campus law enforcement if
				the individual would like to file a police report.
Further, even when the respondent is not a member of the
				university community, supportive measures, remedies, and resources may be
				accessible to the complainant by contacting the Title IX coordinator or Title
				IX designees.
All vendors serving the university through third-party
				contracts are subject to the policies and procedures of their employers or to
				these policies and procedures to which their employer has agreed to be bound by
				their contracts.
When the respondent is enrolled in or employed by another
				institution, the Title IX coordinator can assist the complainant in liaising
				with the appropriate individual at that institution, as it may be possible to
				allege violations through that institution's policies.
Similarly, the Title IX coordinator or designee may be able to
				assist and support a student or employee complainant who experiences sexual
				harassment or retaliation in an externship, study abroad program, or other
				environment external to the university where sexual harassment policies and
				procedures of the facilitating or host organization may give recourse to the
				complainant.
(E) General
			 Title IX definitions:
Advisor: a person chosen by a party to accompany the party to
				some or all meetings related to the resolution process, to advise the party on
				that process, and to conduct cross-examination for the party at the hearing, if
				applicable. Advisor also includes a person appointed by the university to
				conduct cross-examination for the party at the hearing if the party does not
				bring one.
Appointing authority: means those employees holding titles
				designated by the board of trustees as appointing authorities.
Complainant: an individual who is alleged to be the victim of
				sex discrimination, sexual harassment or retaliation.
Confidential resource: an employee who is not a mandated
				reporter of notice of sexual harassment and/or retaliation (irrespective of
				Clery Act campus security authority status).
Business day: Monday through Friday, excluding Saturday,
				Sunday, recognized university holidays, and approved university breaks.
Education program or activity: locations, events, or
				circumstances where the university exercises substantial control over both the
				respondent and the context in which the sex discrimination, sexual harassment
				or retaliation occurs and also includes any building owned or controlled by a
				student organization that is officially recognized by the university.
Employee: an individual holding either a faculty and/or staff
				appointment at the university.
Final determination: a conclusion by the preponderance of
				evidence standard of proof that the alleged conduct did or did not violate this
				policy.
Finding: a conclusion by the preponderance of evidence standard
				of proof that the conduct did or did not occur as alleged (as in a "finding of
				fact").
Formal complaint: a document submitted or signed by the
				complainant or signed by the Title IX coordinator alleging a Title IX policy
				violation by a respondent and requesting that the university investigate the
				allegation(s).
Formal grievance process: a method of formal resolution
				designated by the university to address alleged conduct that falls within this
				policy, and which complies with requirements of Title IX law and regulations
				(34
				C.F.R. 106.45) .
Grievance process pool: any investigators, hearing officers,
				appeal officers, and university-appointed advisors who may perform any or all
				of these roles (though not at the same time or with respect to the same
				case).
Hearing decision-maker or panel: those who have decision-making
				and sanctioning authority within the university's formal grievance
				process.
(1) Under rule
			 3364-30-04
			 of the Administrative Code (student code of conduct), the hearing
			 decision-maker is referred to as a hearing authority and the panel is referred
			 to as a board.
(2) University
			 faculty and staff decision makers and sanctioning authorities are appointing
			 authorities.
Informal resolution: A process by which two parties enter into
				an agreement to resolve a formal complaint of Title IX.
Investigator: the person(s) charged by the university with
				gathering facts about an alleged violation of this policy, assessing relevance
				and credibility, synthesizing the evidence, and compiling the information into
				an investigation report and file of directly related evidence.
Mandated reporter: a university employee who is obligated by
				this policy to share knowledge, notice, and/or reports/allegations of sexual
				harassment and/or retaliation with the Title IX coordinator.
Notice: an employee, student, or third-party informs the Title
				IX coordinator or other official with authority of the alleged occurrence of
				sexual harassment and/or retaliatory conduct.
Official with authority (OWA): an employee of the university
				explicitly vested with the responsibility to implement corrective measures for
				sexual harassment and/or retaliation on behalf of the university. OWAs
				including all appointing authorities are listed on the Title IX website.
Parties: The complainant(s) and respondent(s),
				collectively.
Preponderance of the evidence standard: standard of proof for
				alleged violation(s) of the Title IX policy. This standard requires that the
				information utilized shows that it is more likely than not that the alleged
				violation(s) occurred.
Remedies: are 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.
Respondent: an individual who has been reported to have engaged
				in conduct that could constitute sex discrimination, sexual harassment, and/or
				retaliation under this policy.
Resolution: the result of a formal grievance process or
				informal resolution process.
Retaliation: limited to retaliation for participation in a
				process covered by this policy or for participating in a process asserting
				Title IX through the federal government or courts.
Sanction
:
a consequence imposed by the
				university on a respondent who is found to have violated this policy. For
				employees, the term sanction as used in this policy means discipline or
				corrective action.
Sexual harassment: See paragraph (F) of this rule.
Sex discrimination: negative or adverse treatment based on sex,
				sexual orientation, gender, gender expression, or gender identity.
Title IX coordinator: is the official designated by the
				university to ensure compliance with Title IX and the university's Title IX
				program. References to the coordinator throughout this policy may also
				encompass a designee(s) of the coordinator for specific tasks.
Title IX team: the Title IX coordinator and any member of the
				grievance process pool.
University: the university of Toledo, which includes the
				university of Toledo medical center.