Ohio Administrative Code › Title 3354:1 - Cuyahoga Community College › Chapter 3354:1-60 › Section 3354:1-60-01 - College policy on discrimination, harassment, sexual misconduct, retaliation and Title IX

Current through all regulations passed and filed through July 1, 2024
1.
			 Cuyahoga Community College is committed to providing a workplace and
			 educational environment, benefits, programs, and activities free from
			 discrimination, harassment, sexual misconduct and retaliation based on an
			 individual's federally protected status as it relates to race, sex, and gender.
			 These commitments are moral imperatives consistent with an intellectual
			 community, which celebrates individual differences, diversity, and meaningful
			 individual freedom to pursue professional and educational goals. To ensure
			 compliance with federal and state laws and regulatory bodies and to affirm its
			 commitment to promoting the goals of fairness and equity in all aspects of the
			 College community, the College has developed internal policies and procedures
			 which will provide a prompt, fair, and impartial process for those involved in
			 allegations of discrimination or harassment on the basis of a protected class
			 status.
2. This Policy applies to
			 all forms of prohibited conduct defined by any college policy, in compliance
			 with Title IX of the Educational Amendments of 1972, and Title II and Title VII
			 of the Civil Rights Act of 1964, as such laws may be amended. Discrimination
			 may involve exclusion from activities, admission, athletics, or employment.
			 Discrimination may take the form of harassment, or in the case of sex-based
			 discrimination, may encompass sexual harassment, sexual assault, stalking,
			 sexual exploitation, dating or domestic violence. When an alleged violation of
			 this policy is reported, the allegations are subject to a prompt and equitable
			 resolution, conducted by the Office of Institutional Equity. Procedures for
			 conducting investigations and determining a resolution of complaints shall be
			 set forth in the Procedure on Discrimination, Sexual Harassment and Title IX.
			 The accused retains the presumption of innocence until determined otherwise by
			 the Procedure outlined by the Office of Institutional Equity.
3. The Office of Institutional Equity shall
			 oversee the implementation of this policy and shall be supervised by the Office
			 of Legal Services. The Office of Institutional Equity has the primary
			 responsibility for coordinating the College's efforts related to investigation,
			 resolution, implementation of interim actions and/or supportive measures and
			 monitoring to stop, prohibit, eliminate, remediate, and prevent discrimination,
			 harassment, sexual misconduct, retaliation and violations of Title IX under
			 this policy.
4. This policy applies
			 to all students, employees, visitors and other individuals participating in a
			 College activity, educational opportunity or program, admission or employment
			 with the College. This policy covers conduct prohibited by Title IX of the
			 Educational Amendments of 1972, and Title II and Title VII of the Civil Rights
			 Act of 1964, as such laws may be amended which occurs on College property,
			 off-campus during a College activity, or off-campus outside of a college
			 activity when the conduct has continuing adverse effects on or creates a
			 hostile environment for students, employees, visitors or other individuals
			 participating in a College activity, subject to the jurisdictional limitations
			 of Title IX.
5. The Office of
			 Institutional Equity shall act with independence and authority free from bias
			 and conflicts of interest. The Office of Institutional Equity shall oversee all
			 resolutions under this policy and the related procedures. The Office of
			 Institutional Equity shall at all times be staffed by a Title IX Coordinator
			 and any other personnel as deemed appropriate by the College. The Assistant
			 Deans of Student Affairs at each campus shall serve as Deputy Coordinators
			 Institutional Equity/Title IX. All individuals involved in the resolution and
			 appeals process shall be vetted and trained to ensure they are not biased
			 against any party in a specific case, or for or against Complainants and/or
			 Respondents, generally.
6. To raise
			 any concern involving bias or conflict of interest by an employee of the Office
			 of Institutional Equity, contact the College's Office of Legal Services.
			 Reports of misconduct or discrimination committed by any member of the Office
			 of Institutional Equity should be reported to the Director of the Office of
			 Institutional Equity, the Title IX Coordinator or the next highest-ranking
			 employee not involved in the misconduct or discrimination.
7. The Procedure on Discrimination, Sexual
			 Harassment and Title IX sets forth the manner in which individuals can report
			 or file a complaint of conduct prohibited by Title IX of the Educational
			 Amendments of 1972, and Title II and Title VII of the Civil Rights Act of 1964,
			 as such laws may be amended, as well as the grievance procedure that shall be
			 used to provide for the prompt and equitable resolution of such reports or
			 formal complaints.
8. For purposes
			 of the College's process, the subject of the Prohibited Conduct is referred to
			 as the Complainant, and the alleged perpetrator of the Prohibited Conduct is
			 referred to as the Respondent. The Complainant may or may not be the reporter
			 of the Prohibited Conduct. Both the Complainant and Respondent are referred to
			 as the parties for purposes of this policy and related procedure. In certain
			 circumstances, the College may serve as a Complainant in a formal complaint.
Allegations of violations of policy, or inquiries about or
				concerns regarding this policy and procedure, may be made internally to:
Office of Institutional Equity
Attention: Director Institutional Equity/Title IX Coordinator,
				Legal Services District Administration
700 Carnegie Avenue, Cleveland Ohio 44115
216-987-3949
Complainants are not required to use the College's Formal
				Grievance process and thus a Complainant may, at any time, choose to file a
				complaint directly with the Department of Education, Office for Civil Rights.
				The Office for Civil Rights may be contacted as follows:
Office for Civil Rights, Cleveland
U.S. Department of Education
600 Superior Avenue East, Suite 750
Cleveland, OH 44114
Tel: (216) 552-4970 Fax: (216) 522-2573
A Complainant may also choose to file a complaint directly with
				the Ohio Civil Rights Commission. The Ohio Civil Rights Commission may be
				contacted as follows:
Ohio Civil Rights Commission
Cleveland Regional Office
615 W. Superior Avenue, Suite 885
Cleveland, OH 44113-1897
Tel: (216) 787-3150 Fax: (216) 787-3549
Complaints who are employees may also choose to file an action
				with the Equal Employment Opportunity Commission. The Equal Employment
				Opportunity Commission may be contacted as follows:
Equal Employment Opportunity Commission
Cleveland Field Office
Anthony J. Celebrezze Federal Building
1240 E. 9th Street, Suite
				3001
Cleveland, OH 44199
Tel: (800) 669-4000 Fax (216) 522-7395
TTY: (800) 669-6820
Effective date: January 28, 2021