Ohio Administrative Code › Title 3358:16 - Terra State Community College › Chapter 3358:16-101 - Equal Opportunity; Non-Discrimination; Fair Labor; Leave › Section 3358:16-101-07 - Sexual discrimination, sexual harassment, and sexual misconduct policy

Current through all regulations passed and filed through July 1, 2024
(A)
								Notice of non-discrimination
Terra state community college does not
				discriminate on the basis of race, color, religion, national origin, ethnicity,
				age, sex, gender identity, genetic information, gender expression, sexual
				orientation, marital status, disability, pregnancy, military status, or special
				disabled or Vietnam-era veteran status in provision of educational programs and
				services or employment opportunities and benefits pursuant to the requirements
				of Title VI of the Civil Rights Act of 1964, Title IX of the Education
				Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Title II of
				the American with Disabilities Act of 1990, the Age Discrimination Act of 1976,
				the Vietnam Era Veterans' Readjustment Assistance Act of 1974, and Chapter
				4112. of the
									
									 Revised Code.
(B)
								Notice of non-sex
			 discrimination
Sex discrimination violates an
				individual's fundamental rights and personal dignity. Terra state considers sex
				discrimination, to include, but not be limited to: sexual harassment, sexual
				assault, gender-based harassment, intimate partner violence, and stalking by
				employees, students, or third parties. To ensure compliance with Title IX and
				other federal and state civil rights laws, the college has developed policies
				and procedures that prohibit sex discrimination.
(C)
								Notice against
			 sexual misconduct
Sexual misconduct in any form will not
				be tolerated within the Terra state community college community. All members of
				the faculty, staff, administration, student body, volunteers, and visitors to
				campus have the right to be free from discrimination on the basis of sex. All
				members of the above mentioned groups are expected to conduct themselves in a
				manner that does not infringe upon the rights of others. Terra state community
				college's sexual misconduct policy has been developed to reaffirm these
				principles and to provide recourse for those individuals whose rights have been
				violated. This policy has dual purposes. It serves as a measure for the college
				to determine, after the fact, if behaviors have violated policy. It also
				provides general guidelines for the expectations the college has for sexual
				communication, sexual responsibility, and sexual respect.
(D)
								Filing
			 a complaint:
Individuals who have experienced sex
				discrimination are encouraged to report these offenses to campus safety, to the
				Title IX coordinator or deputy coordinators, or to their direct supervisor.
				Individuals who wish to make a complaint do not have to provide a statement to
				campus safety. Any person who receives a complaint of sexual discrimination,
				harassment or retaliation, is expected to report the incident
				promptly.
(E)
								Non-retaliation
Terra state community college strictly
				adheres to and enforces a non-retaliation policy. Retaliation against an
				individual who has complained about sexual discrimination, harassment and/or
				misconduct and retaliation against individuals for cooperating with an
				investigation of a sexual discrimination and/or harassment complaint is
				unlawful and will not be tolerated by the college. Any person who violates this
				policy will be subject to discipline, up to and including termination if they
				are an employee, and/or dismissal if they are a student.
(F)
								Process:
(1)
									Title IX coordinator and deputy coordinator(s)
The following individual(s) have been
				appointed by the president to handle inquiries regarding this
				policy:
Mr. Heath Martin, associate dean of
				students and Title IX coordinator Terra state community college 2830 Napoleon
				road Fremont, OH 43420 office location: SAC phone: (419) 559-2350 email:
				hmartin01@terra.edu
Ms. Nanci Kosanka, director of human
				resources and deputy Title IX coordinator Terra state community college 2830
				Napoleon road Fremont, OH 43420 office location: B205 phone: (419) 559-2465
				email: nkosanka@terra.edu
Mr. Jack Fatica, vice president for
				academic affairs and deputy Title IX coordinator Terra state community college
				2830 Napoleon road Fremont, OH 43420 office location: B209 phone: (419)
				559-2381 email: jfatica@terra.edu.
Campus safety Terra state community
				college 2830 Napoleon road Fremont, OH 43420 office location: B107 phone: (419)
				559-2253
(2)
									Definitions
(a)
										"Complainant" is the individual making an allegation of
			 a violation of college policy.
(b)
										"Respondent" is
			 the individual charged with an alleged violation of college
			 policy.
(c)
										"Sexual discrimination" is behaviors or actions that
			 deny or limit a person's ability to benefit from, and/or fully participate in
			 the educational programs, activities or employment opportunities because of a
			 person's sex. Examples of sex discrimination under Title IX include but are not
			 limited to:
(i)
											
											 Sexual
			 harassment;
(ii)
											
											 Failure to
			 provide equal opportunity in education, programs, and co-curricular programs
			 including athletics;
(iii)
											 Discrimination based on pregnancy; or
(iv)
											
											 Employment decisions.
(d)
										"Sexual
			 harassment" includes unwelcome sexual advances, requests for sexual favors or
			 other physical or verbal conduct of a sexual nature that is unwelcome and
			 which, because of the severity and/or persistence of the conduct, interferes
			 significantly with an individual's or a group's work or education, or adversely
			 affect an individual or group's living conditions. All sexual misconduct is a
			 form of sexual harassment.
Sexual harassment may include quid pro
				quo and/or an abusive or hostile environment which interferes with the ability
				to function as a full participant in the Terra state community college
				community.
(i)
											Sexual harassment by quid pro quo
(a)
												Submission to
			 such conduct is made either explicitly or implicitly a term or condition of a
			 person's employment or academic status; or
(b)
												Submission to or
			 rejection of such conduct by a person is used as the basis for employment or
			 academic decisions affecting such person.
(ii)
											Sexual
			 harassment by hostile environment
(a)
												Such conduct has the purpose or effect of unreasonably
			 interfering with a person's work or academic performance or creating an
			 intimidating, hostile, or offensive environment for working, learning, or
			 living on campus.
(b)
												The determination of whether an environment is
			 "hostile" is often contextual and must be based on the circumstances. These
			 circumstances could include:
(i)
													 The frequency of
			 the conduct;
(ii)
													 The nature and
			 severity of the conduct;
(iii)
													 Relationship between alleged harasser and subject
			 of the alleged harassment;
(iv)
													 Location and context in which the alleged conduct
			 occurs;
(v)
													 Whether the
			 conduct was physically threatening;
(vi)
													 Whether the conduct was humiliating;
			 or
(vii)
													 Whether the
			 conduct arose in the context of other discriminatory conduct.
(iii)
											Examples of sexual harassment include, but are not
			 limited to:
(a)
												 Requesting sexual
			 favors that may be subtle or overt but particularly when the requests are
			 suspected to be linked to career advancement or academic
			 rewards.
(b)
												 Committing
			 physical assault of a sexual nature, for instance, inappropriate touching or
			 rape.
(c)
												 Sending unwelcome
			 letters, notes, or materials or making phone calls of a sexual
			 nature.
(d)
												 Name calling,
			 teasing, or making other derogatory or dehumanizing remarks involving sex,
			 gender, or sexual orientation.
(e)
												"Sexual
			 misconduct" is a broad term and refers to physical sexual acts perpetrated
			 against a person's will or where a person is incapable of giving consent. A
			 number of different acts fall into the category of sexual misconduct including
			 sexual violence and sexual exploitation. All such acts of sexual misconduct are
			 forms of sexual harassment covered under Title IX.
(f)
												"Sexual violence"
			 is any unwanted or non-consensual sexual act. Sexual violence can be committed
			 by acquaintances, casual or long-term partners, spouses, or strangers. The use
			 of alcohol, by either party, in conjunction with an incident of sexual
			 violence, does not mitigate responsibility or diminish the seriousness of the
			 offense. Sexual violence can take the following forms: non-consensual sexual
			 contact, non-consensual sexual intercourse and/or non-consensual intimate
			 touching.
(g)
												"Non-consensual sexual contact" includes the
			 intentional touching, manipulation or fondling of the victim by the
			 perpetrator, or when the victim is forced to touch directly or through clothing
			 another person's groin, genitals, breasts, thighs or buttocks, or when a person
			 is compelled to touch the above named parts of their own bodies for the sexual
			 gratification of another, against another person's consent or after such other
			 person has withdrawn their consent.
(h)
												"Non-consensual
			 sexual intercourse" involves any form of sexual intercourse with a person,
			 without his or her consent or after consent is withdrawn. This includes
			 non-consensual anal, oral or vaginal penetration, whether by a finger, tongue,
			 penis, or an inanimate object, as well as compelling an unwilling person to
			 perform any of the
												
												 named acts in this policy.
(i)
												"Non-consensual
			 intimate touching" involves one person engaging in the intimate touching or
			 another person, against such other person's consent, or after such other person
			 has withdrawn their consent, except that such intimate touching does not
			 include oral, anal or vaginal penetration or the fondling or manipulation
			 thereof. This includes non-consensual kissing, or stroking, or fondling of a
			 non-sexual body part, in an intimate way.
(j)
												"Sexual
			 exploitation" involves activity of a sexual nature which results in the
			 nonconsensual exploitation of one person by another for his or her own benefit
			 or advantage or to benefit or advantage anyone other than the one being
			 exploited.
Examples of sexual harassment include
				but are not limited to:
(i)
													
													Prostituting
			 another person;
(ii)
													Video- or audio-recording
			 (by any electronic means) of sexual activity without
			 permission;
(iii)
													
													Voyeurism;
(iv)
													
													Public indecency (such as exposing your genitals to
			 others without consent);
(v)
													
													Knowingly
			 exposing another person to a sexually transmitted infection ("STI") or Human
			 Immunodeficiency Virus ("HIV") without prior knowledge and consent of the
			 person to be exposed to STI or HIV; or
(vi)
													Contact-free coercion causing a person to completely or
			 partially disrobe.
(k)
												"Effective
			 consent" is informed, knowing, and voluntary. Effective consent is mutually
			 understandable words or actions which indicate willingness to participate in
			 mutually agreed-upon sexual activity. Effective consent may never be given by
			 minors, mentally disabled persons, those who are incapacitated as a result of
			 alcohol or other drug consumption (voluntary or involuntary) or those who are
			 unconscious, unaware or otherwise physically helpless. Consent obtained as a
			 result of physical force, threats, intimidating behavior, duress or coercion is
			 not effective consent. A person who knows or should reasonably have known that
			 another person is incapacitated may not engage in sexual activity with that
			 person. Incapacitation is a state where one cannot make a rational, reasonable
			 decision because they lack the ability to understand the who, what, when,
			 where, why or how of their sexual interaction.
Additional clarifying notes for
				effective consent:
(i)
													
													Consent is
			 mutually understandable when a person would consider the words and/or actions
			 of the parties to have expressed a mutually understandable agreement between
			 them to do the same things, in the same way, at the same time, with one
			 another.
(ii)
													
													Consent is
			 active, not passive.
(iii)
													In the absence of mutually understandable words or
			 actions, it is the responsibility of the initiator, or the person who wants to
			 engage in the specific sexual activity, to make sure that he/she has the
			 consent from his/her partner.
(iv)
													
													Consent to one form of sexual activity does not imply
			 consent to other forms of sexual activity.
(v)
													The person who is the object of sexual advances is not
			 required to physically or otherwise resist.
(vi)
													
													Silence, previous sexual relationships or experiences,
			 and/or a current relationship may not, in themselves, be taken to imply
			 consent.
(vii)
													
													Intentional use
			 of alcohol or other drugs does not excuse a violation of the sexual misconduct
			 policy.
(l)
												"Retaliation" is any action by any person that is
			 perceived as: intimidating, hostile, harassing, retributive or violent that
			 occurred in connection to the making and investigation of the
			 report.
(3)
									General grievance
			 procedure
(a)
										Terra state community college encourages those who have
			 experienced any form of sex discrimination to report the incident promptly, to
			 seek all available assistance, and to pursue college conduct charges and
			 criminal prosecution of the offender. The college takes complaints very
			 seriously and will work with complainants to ensure their safety and to remedy
			 the situation.
(b)
										All incidents of sexual discrimination and harassment,
			 including sexual misconduct retaliation, should be reported and this should
			 occur as soon as possible after the incident(s) in order to be most effectively
			 investigated. All reports and complaints of discrimination and harassment will
			 be promptly investigated and appropriate action will be taken as expeditiously
			 as possible.
(c)
										The college will make reasonable efforts to protect the
			 rights of both the complainant and the respondent. The college will respect the
			 privacy of the complainant, the individual(s) against whom the complaint is
			 filed, and the witness(es) in a manner consistent with the college's legal
			 obligations to investigate, to take appropriate action, and to comply with any
			 discovery or disclosure obligations by required law.
(d)
										The college
			 reserves the right to investigate and resolve a complaint or report of
			 discrimination and/or harassment regardless of whether the complainant
			 ultimately desires the college to pursue the complaint. In such cases, parties
			 shall be informed of the status of the investigation at reasonable times until
			 the college's final disposition of the investigation.
(e)
										Anonymous
			 complaints will be accepted; however, Terra state community college's ability
			 to obtain additional information may be compromised and the ability to
			 investigate or resolve anonymous complaints may be limited.
(f)
										When a complaint
			 is received, the college will take appropriate corrective action in an
			 expeditious manner. Any investigation will be conducted in such a way as to
			 maintain confidentiality to the extent practicable under the circumstances.
			 When meeting with the Title IX coordinator or deputy coordinator information
			 will be provided about the policy on sexual discrimination, harassment and/or
			 misconduct and the complaint process.
(g)
										When the
			 investigation is completed, the college will, to the extent appropriate, inform
			 the person filing the complaint and the person alleged to have committed the
			 conduct of the results of the investigation. If it determined that
			 inappropriate conduct has occurred, the college will act promptly to eliminate
			 the offending conduct and where it is appropriate, to impose disciplinary
			 action through appropriate due process procedures.
(h)
										Intentionally
			 making a false complaint or report of harassment or discrimination is a
			 violation of this policy and constitutes misconduct subject to disciplinary
			 action, and may also be a crime.
(i)
										In addition to
			 the above options, if you believe you have been subjected to sexual harassment,
			 you may file a formal complaint with any or all of the government agencies set
			 forth below. Using the college's complaint process does not prohibit you from
			 filing a complaint with these agencies.
(i)
											The United States
			 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Detroit field office Patrick V.
			 McNamara building, 477 Michigan avenue, room 865, Detroit, MI 48226
			 1-800-669-4000
(ii)
											Ohio CIVIL RIGHTS COMMISSION Toledo office 1 Government
			 center, room 936, Toledo, OH 43604 (419)-245-2900
(iii)
											Department OF
			 EDUCATION, OFFICE FOR CIVIL RIGHTS Cleveland office 600 Superior avenue east,
			 suite 750, Cleveland, OH 44114 (316)-522-4970 )
(4)
									
			 Investigative procedure
(a)
										A complainant may initiate the investigative procedure
			 by filing a complainant with the Title IX coordinator or a deputy coordinator
			 describing the details of the alleged harassment or discrimination. Upon
			 receipt of such a complaint, the Title IX ;coordinator or a deputy coordinator
			 will promptly conduct an investigation to determine whether the complaint can
			 be substantiated, and, if so. whether it can be effectively remediated or
			 resolved by the coordinator or deputy coordinator. If necessary the coordinator
			 or deputy coordinator will take appropriate temporary measures to address the
			 complaint pending further investigation.
(b)
										An investigation
			 may include any of the following: interviews of the parties involved, including
			 witnesses, and the gathering of other relevant information. Both the respondent
			 and complainant may present witnesses and other evidence.
(c)
										At any time
			 during the investigation, the investigator may recommend that interim
			 protections or remedies for the parties involved or witnesses be provided by
			 appropriate college officials. These protections or remedies may include
			 separating the parties, placing limitations on contact between parties,
			 suspension, or making alternative workplace or student housing arrangements.
			 Failure to comply with the terms of interim protections may be considered a
			 separate violation.
(d)
										If the investigation determines the claim is likely to
			 be substantiated, and if the respondent is a student, the formal process will
			 utilize the student discipline committee, the hearing process outlined in
			 article G of the student code of conduct.
(e)
										If evidence shows
			 the complaint is likely to be substantiated, and the respondent is an employee,
			 the corrective progressive action policy will apply.
(f)
										In most
			 circumstances, the investigative process shall be completed within
										
										 sixty days of
			 the initial complaint.
(5)
									Law
			 enforcement
(a)
										Because the standards for finding a violation of criminal
			 law are different from the standards for finding a violation of this policy,
			 criminal investigations or reports are not determinative of whether sexual
			 misconduct, for the purposes of this policy, has occurred. In other words,
			 conduct may constitute sexual misconduct under this policy even if law
			 enforcement agencies lack sufficient evidence of a crime and therefore decline
			 to prosecute.
(b)
										The filing of a complaint of sexual misconduct under
			 this policy is independent of any criminal investigation or proceeding, and the
			 college will not wait for the conclusion of any criminal investigation or
			 proceedings to commence its own investigation, to take interim measures to
			 protect the complainant and the college community, if necessary, and to
			 implement disciplinary proceedings without regard to the pending of any
			 criminal proceedings.
(6)
									 Confidentiality
(a)
										All college
			 employees, excluding licensed professionals from the college counseling center,
			 must report discrimination, harassment or sexual misconduct. Therefore,
			 individuals who wish to discuss a situation in confidence should work with an
			 individual from the counseling center. Because the content of discussions with
			 confidential resources is not reported to an office of record, such discussions
			 do not serve as notice to the college to address the alleged discrimination,
			 harassment, or sexual misconduct.
(b)
										All inquiries,
			 complaints, and investigations are treated with discretion. Information is kept
			 as confidential as law and college policy permit. However, the identity of the
			 complainant is usually revealed to the person(s) accused of such conduct.
			 Participants in the investigative process are asked to keep any information
			 they have or may have confidential as practicable.
(c)
										The college shall
			 protect the privacy of individuals involved in a report of discrimination of
			 sexual misconduct to the extent allowed by state and federal law and college
			 policy. confidentiality is an aspiration but is not always possible or
			 appropriate. Confidentiality needs to be balanced with the legal obligation of
			 the college to ensure a working and learning environment that is free from
			 discrimination and the due process rights of the respondent to be informed of
			 allegations and their source. Therefore, some level of disclosure may be
			 necessary to ensure a complete and fair investigation.
(7)
									Special provisions
(a)
										Attempted
			 violations - The college may treat attempts to commit any of the violations
			 listed in this policy as if those attempts had been completed.
(b)
										The college as
			 complainant - As necessary, the college reserves the right to initiate a
			 conduct compliant, to serve as the complainant, and to initiate conduct
			 proceedings without a formal complaint by the alleged victim or
			 complainant.
(c)
										Third party violations - Sexually harassing conduct by
			 third parties, who are not themselves employees or students at the college
			 (e.g., a visiting speaker or members of a visiting athletic team), may also be
			 of a sufficiently serious nature to deny or limit a student's ability to
			 participate in or benefit from the education program. As such, if the college
			 knows or should know of the harassment, the college is responsible for taking
			 prompt and effective action to eliminate the hostile environment and prevent
			 its recurrence.
(i)
											The type of appropriate steps taken by the college will
			 differ depending on the level of control the college has over the third party.
			 For example, if athletes from a visiting team harass the home college's
			 students, the home college may not be able to discipline the athletes. However,
			 it could encourage the other school to take appropriate action to prevent
			 further incidents or choose not to invite the other school
			 back.
(ii)
											Third party visitors to campus may also be the subject
			 of sexual harassment and are entitled to utilize the processes and procedures
			 outlined in this policy.
(8)
									Federal reporting
			 obligations
(a)
										The office of the Title IX compliance coordinator is
			 responsible for maintaining records relating to discrimination, harassment, or
			 sexual misconduct reports, investigations and resolutions. Records shall be
			 maintained in accordance with college records policies. All records pertaining
			 to pending litigation or a request for records shall be maintained in
			 accordance with instructions from legal counsel.
(b)
										Federal
			 statistical reporting obligations - Campus security officials have a duty to
			 report violations of this policy for federal statistical reporting purposes.
			 All personally identifiable information is kept private, but statistical
			 information must be passed along to campus law enforcement, regarding the type
			 of incident and its general location, for publication in the annual campus
			 security report. This report helps to provide the community with a clear
			 picture of the extent and nature of campus crime and to ensure greater
			 community safety.
(c)
										Federal timely warning reporting obligations - Victims
			 of sex discrimination should also be aware that college administrators must
			 issue timely warnings for certain types of incidents reported to them that pose
			 a substantial threat of bodily harm or danger to members of the campus
			 community under federal Clery law. The college will make every effort to ensure
			 that a victim's name and other identifying information is not disclosed, while
			 still providing enough information for community members to make safety
			 decisions in light of the danger.
(9)
									Support
			 services
(a)
										
			 Seek medical attention - A physical exam is recommended in all cases of sexual
			 assault, regardless of the length of time that has elapsed since the violence.
			 Medically related concerns may include pregnancy, sexually transmitted
			 infections (including HIV) and physical injuries. If the violence occurred
			 within the past
										
										 one hundred twenty hours, a survivor has the option of
			 having an evidence collection exam. Consider seeking medical attention for any
			 physical abuse experienced.
Fremont memorial hospital 715 south
				Taft avenue Fremont, OH 43420 330-334-6621
(b)
										YWCA H.O.P.E.
			 center, 1018 Jefferson ave, Toledo, OH 43624 - If you, a family member or
			 friend are a survivor of sexual assault, free, confidential help is available
			 by calling the
										
										 twenty-four hours
										
										 seven days a week at
			 419-241-3235 or toll free at 866-557-7272. Services offered:
(i)
											 Information and referrals
(ii)
											
											 Sexual assault examination ("rape
			 kit")
(iii)
											
											 Support
			 groups
(iv)
											 Self-defense
			 classes
(v)
											
											 Crisis
			 intervention hotline
(vi)
											
											 Prevention
			 education
(c)
										Legal aid society of Western Ohio, 121 north Arch
			 street, Fremont, OH 43420; 419-334-8899