Ohio Administrative Code › Title 3356 - Youngstown State University › Chapter 3356-2 - Equal Opportunity Employment › Section 3356-2-03.1 - Sexual misconduct policy

Current through all regulations passed and filed through July 1, 2024
(A) Policy statement. Youngstown state
			 university ("YSU" or "university") is committed to fostering and maintaining an
			 environment of tolerance, mutual respect, and concern for all members of the
			 campus community. Consistent with these values and applicable law, including
			 Title IX of the Education Amendments of 1972, the university prohibits and will
			 not tolerate sexual misconduct in any university program or activity. The
			 university will take appropriate steps to eliminate sexual assault and
			 misconduct, prevent its recurrence, and address its effects.
(B) Purpose. To provide university community
			 with a clearly articulated set of behavioral standards, common understandings
			 of definitions, descriptions of prohibited conduct, relevant information, and
			 reporting options in order to foster a climate free from sexual
			 misconduct.
(C) Scope. This policy
			 applies to all students, faculty, employees (including student employees),
			 volunteers, and third parties, campus visitors, or other individuals engaged in
			 any university activity or program, regardless of sexual orientation or gender
			 identity, whether on or off campus, and including any location owned, leased,
			 or rented by the university.
For purposes of this policy, an individual is a student when
				they are registered for courses, seminars, or workshops at the university,
				either full-time or part-time; pursuing graduate, undergraduate or continuing
				education courses; accepted for admission; or living in a resident hall,
				whether or not actually enrolled at the university.
For purposes of this policy, an individual is a faculty member
				when they are employed by the university to conduct classroom or teaching
				activities.
For purposes of this policy, an individual is an
				employee/student employee when they have been hired/employed by the university
				to perform certain work or services at a specified hourly wage or
				salary.
(D) Definitions
			 (for purposes of this policy).
(1) "Sexual
			 misconduct." A broad range of behaviors including sexual assault, dating
			 violence, domestic violence, stalking, voyeurism, and any other conduct of a
			 sexual nature that is nonconsensual or is carried out through force, threat,
			 intimidation or coercion.
For purposes of this policy, conduct prohibited under this
				policy shall generally be referred to as "sexual misconduct."
(2) "Sexual assault." Any intentional,
			 nonconsensual and/or coerced sexual contact. Physical resistance need not occur
			 to meet the definition of sexual assault.
(3) "Sexual harassment." Sexual advances,
			 requests for sexual favors, or other verbal or physical conduct of a sexual
			 nature that is unwelcome and sufficiently severe or pervasive from both a
			 subjective (the complainant's) and an objective (reasonable person's) viewpoint
			 when it meets any of the following:
(a)
			 Submission to such conduct is made either explicitly or implicitly a term or
			 condition of an individual's employment, academic status, or participation in a
			 university program or activity.
(b)
			 Submission to or rejection of such conduct by an individual is used as the
			 basis for employment, academic, or programming decisions affecting the
			 individual.
(c) The conduct has the
			 purpose or effect of unreasonably interfering with an individual's work or
			 academic performance or creating an employment, academic, or participation
			 environment that is objectively intimidating, hostile, or abusive. (See rule
			 3356-2-03
			 of the Administrative Code, university policy "Discrimination/
			 harassment.")
(d) Sexual harassment
			 can be directed at a member of the same or different sex or sexual orientation.
			 Examples of inappropriate conduct which may constitute sexual harassment
			 include but are not limited to:
(i) Sexual
			 advances or propositions, either explicit or implied.
(ii) Sexually suggestive or sexually
			 degrading innuendo, comment, or gestures.
(iii) Remarks or inquires about sexual
			 activity, sexual orientation, or gender identity or expression.
(iv) The display or communication of sexually
			 oriented material (including through email or other electronic means).
(v) Unwanted touching, hugging, or
			 contacting another's body.
(4) "Consent." Sexual activity requires
			 consent, which is defined as positive, unambiguous, voluntary and ongoing
			 agreement to engage in a specific activity. Consent must be freely and
			 affirmatively given. Consent cannot be obtained from someone through coercion
			 or from someone who is unconscious, asleep, or whose judgment is impaired by
			 the use of a drug or alcohol or diminished by an intellectual, mental, or
			 physical condition or disability. Consent can be withdrawn at any
			 time.
(5) "Coercion." Intimidation,
			 physical, or psychological threat, or pressure used to force another to engage
			 in sexual acts.
(6) "Stalking."
			 Repeated behaviors or activities whether in person, online, or through any
			 other means which threaten or endanger the safety, physical or mental health,
			 life or property of another, or creates a reasonable fear of such threat or
			 action.
(7) "Dating violence."
			 Violence or abusive behavior (sexual, physical, or threat 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 is
			 determined based on a consideration of the length and type of relationship and
			 the frequency of interaction between the persons involved in the
			 relationship.
(8) "Domestic
			 violence." Violence or abusive behavior (sexual, physical, or threat of
			 violence) used to maintain control or power within a current or former
			 relationship and which is committed by any of the following:
(a) A current or former spouse or intimate
			 partner of the victim;
(b) A person
			 with whom the victim shares a child in common;
(c) A person who is cohabitating with or has
			 cohabitated with the victim as a spouse or intimate partner;
(d) By any other person against an adult or
			 youth victim under the domestic or family violence laws of the state of Ohio
			 (see section 2919.25 of the Revised
			 Code).
(9) "Sexual
			 exploitation." Sexual exploitation occurs when a person takes nonconsensual or
			 abusive sexual advantage of another for his/her own benefit or advantage or to
			 benefit or advantage anyone other than the person being exploited, and that
			 behavior does not otherwise constitute another form of sexual misconduct.
			 Examples of sexual exploitation include, but are not limited to, prostituting
			 another, nonconsensual video or audiotaping of sexual activity, permitting
			 others to secretly observe or record consensual activity or engaging in
			 voyeurism.
(10) "Incapacitation."
			 Inability to evaluate, understand, or control conduct because an individual is
			 unconscious, asleep, intoxicated or under the influence of other drugs, or for
			 any other reason, physically, mentally, or legally unable to communicate or
			 grant consent. Incapacitation does not correlate to a specific blood alcohol
			 content ("BAC") and could be the result of drug use.
(11) "Sex offenses." See Chapter 2907. of the
			 Revised Code which defines "sex offenses" under Ohio law.