Ohio Administrative Code › Title 3356 - Youngstown State University › Chapter 3356-2 - Equal Opportunity Employment › Section 3356-2-05 - Title IX sexual harassment 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 a safe, nondiscriminatory environment
			 for its students and employees consistent with the requirements of Title IX of
			 the Education Amendments of 1972 and Title 34, Part 106 of the Code of Federal
			 Regulations (Title IX). Sexual harassment, including sexual assault,
			 dating violence, domestic violence and stalking, is strictly prohibited by this
			 policy. Retaliation against those who report sexual harassment or participate
			 in the process outlined in this policy is prohibited.
(B) Purpose. To provide the university
			 community with a clearly articulated set of behavioral standards, common
			 understandings of definitions, descriptions of prohibited conduct, relevant
			 information, and reporting options consistent with the requirements of Title
			 IX.
(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 within the United States, regardless of sexual
			 orientation or gender identity.
For purposes of this policy, a university activity or program
				is a location, event or circumstance over which the university exercises
				substantial control over both the respondent and the context in which the
				alleged sexual harassment occurred, whether on or off campus.
(D) Definitions (for purposes of this
			 policy).
(1) "Sexual harassment
									" -
			 conduct on the basis of sex that satisfies one or more of the following
			 categories:
(a) An employee conditioning the
			 provision of an aid, benefit, or service on an individual's participation in
			 unwelcome sexual conduct (i.e., quid pro quo). An individual does not have to
			 submit to the conduct in order for quid pro quo sexual harassment to
			 occur.
(b) Unwelcome conduct
			 determined by the reasonable person's standard to be so severe, pervasive, and
			 objectively offensive that it effectively denies a person equal access to an
			 education program or activity (i.e., hostile environment).
(c) "Sexual assault" as defined in the Clery
			 Act (which includes rape, fondling, incest or statutory rape, as defined in
			 this paragraph.
(i) "Rape" (except statutory
			 rape)
											-
			 the penetration, no matter how slight, of the vagina or anus with any
			 body part or object, or oral penetration by a sex organ of another person,
			 without the consent of the victim.
(ii) "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.
(iii)
			 "Incest
											"
			 - sexual intercourse between persons who are related to each other within
			 the degrees wherein marriage is prohibited by law.
(iv) "Statutory rape
											" - sexual
			 intercourse with a person who is under the statutory age of consent.
(d) Dating violence, domestic
			 violence, or stalking pursuant to the Violence Against Women Act (also defined
			 in this paragraph).
(i) "Dating
			 violence
											" - 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 shall be determined based on a consideration
			 of the length of the relationship, the type of relationship, and the frequency
			 of interaction between the persons involved in the relationship.
(ii) "Domestic violence
											" - 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 the domestic or family violence laws of the
			 jurisdiction, 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
			 the jurisdiction.
(iii)
			 "Stalking
											" - engaging in a course of conduct directed at a
			 specific person that would cause a reasonable person to fear for their safety
			 or the safety of others or suffer substantial emotional distress.
(e) "Sexual misconduct
										" -
			 conduct of a sexual nature that is nonconsensual or is carried out
			 through force, threat, or coercion. Sexual misconduct includes but not limited
			 to sexual exploitation and voyeurism.
(i)
			 "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.
(ii)
			 "Voyeurism
											" - voyeurism occurs when a person, for the
			 purposes of sexual arousal or gratification sexual purposes, surreptitiously
			 invades the privacy of another. Voyeurism can occur in person or through
			 recording or electronic means.