Ohio Administrative Code › Title 3342 - Kent State University › Chapter 3342-5 - Administrative Policies In General › Section 3342-5-16.2 - Administrative policy regarding complaints of Title IX sexual harassment

Current through all regulations passed and filed through July 1, 2024
(A) Purpose. Kent
			 state university prohibits unlawful discrimination and harassment and strives
			 to provide a safe and non-discriminatory environment for all students,
			 employees, applicants, and visitors. This policy sets forth the expectations
			 and responsibilities for maintaining an environment free of unlawful
			 discrimination on the basis of sex in university education programs or
			 activities, in accordance with Title IX of the Education Amendments of 1972 and
			 Title 34 part 106 of the Code of Federal Regulations. Sexual harassment,
			 including sexual assault, dating violence, domestic violence, and stalking is
			 strictly prohibited by this policy. Additionally, retaliation against those
			 whose report sexual harassment or participate in the process is prohibited.
			 Inquiries about the application of title IX to the university may be referred
			 to the university's title IX coordinator, and to the U.S. department of
			 education, office for civil rights.
(B) Definitions
(1)
									Actual knowledge,
			 Notice of sexual harassment or allegations of sexual harassment to an
			 individual's Title IX coordinator or any university official who has authority
			 to institute corrective measures on behalf of the recipient.
(2)
									Complainant. An
			 individual who is alleged to be the victim of conduct that could constitute
			 sexual harassment.
(3) Consent. An action
			 defined as the voluntary, unambiguous and uncoerced agreement to participate in
			 an act, the nature and full extent of which is understood by all parties.
			 Silence or lack of resistance cannot be the sole factor in determining consent.
			 Consent may be given verbally or nonverbally. All parties are responsible for
			 confirming that their counterpart's consent is maintained throughout the act
			 and is present before engaging in a new act. A person may be incapable of
			 giving consent due to physical incapacitation, physical or mental disability,
			 threat, coercion, the influence of alcohol or drugs, or age.
(4)
			 Coercion. When an individual unreasonably pressures another to engage in sexual
			 activity, despite responses that the conduct is unwelcome or unwanted. Coercion
			 includes elements of pressure, duress, cajoling, and compulsion. The pressure
			 to participate may also be considered unreasonable when the pressuring
			 individual is in a position of influence or authority over the other
			 individual.
(5) Incapacitation. A
			 state where a person lacks the capacity to reasonably appreciate the nature or
			 extent of the situation because of their physical or mental status,
			 developmental disability, or alcohol or drug use.
(6) Formal complaint. A
			 document filed by a complainant or signed by the Title IX coordinator alleging
			 sexual harassment against a respondent and requesting that the university
			 investigate the allegation of sexual harassment. The document may be a physical
			 or electronic submission (such as reporting online, using the reporting form available
			 at
https://www.kent.edu/studentaffairs/genderequitytitleix_2_
)
			 that contains the complainant's physical or digital signature, or otherwise
			 indicates that the complainant is the person filing the formal
			 complaint.
(7) Respondent. An
			 individual who has been reported to be the perpetrator of conduct that could
			 constitute sexual harassment.
(8) Sexual harassment.
			 Conduct on the basis of sex that satisfies one or more of the following:
(a) An employee of the university
			 conditioning the provision of an aid, benefit, or service of the university on
			 an individual's participation in unwelcome sexual conduct.
(b) Unwelcome conduct determined by a
			 reasonable person to be so severe, pervasive, and objectively offensive that it
			 effectively denies a person equal access to the university's education program
			 or activity.
(c) Sexual assault,
			 which includes the following:
(i) Rape (except
			 statutory rape). The carnal knowledge of a person, without the consent of the
			 victim, including instances where the victim is incapable of giving consent
			 because of their age or because of their temporary or permanent mental or
			 physical incapacity.
(ii) Sodomy.
			 Oral or anal sexual intercourse with another person, without the consent of the
			 victim, including instances where the victim is incapable of giving consent
			 because of their age or because of their temporary or permanent mental or
			 physical incapacity.
(iii) Sexual
			 assault with an object. To use an object or instrument to unlawfully penetrate,
			 however slightly, the genital or anal opening of the body of another person,
			 without the consent of the victim, including instances where the victim is
			 incapable of giving consent because of their age or because of their temporary
			 or permanent mental or physical incapacity.
(iv) 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 their age or because of their temporary or permanent
			 mental or physical incapacity.
(v)
			 Incest. Nonforcible sexual intercourse between persons who are related to each
			 other within the degrees wherein marriage is prohibited by law.
(vi) Statutory rape. Nonforcible sexual
			 intercourse with a person who is under the statutory age of consent.
(d) 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.
(e)
			 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.
(f) 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.
(9) Supportive
			 measures. Non-disciplinary, non-punitive individualized services offered as
			 appropriate, as reasonably available, and without fee or charge to the
			 complainant or the respondent before or after the filing of a formal complaint
			 or where no formal complaint has been filed. Such measures are designed to
			 restore or preserve equal access to the university's education program or
			 activity without unreasonably burdening the other party, including measures
			 designed to protect the safety of all parties or the university's educational
			 environment, or deter sexual harassment. Supportive measures may include
			 counseling, extensions of deadlines or other course-related adjustments,
			 modifications of work or class schedules, campus escort services, mutual
			 restrictions on contact between the parties, changes in work or housing
			 locations, leaves of absence, increased security and monitoring of certain
			 areas of the campus, and other similar measures.
(10) Title IX
			 coordinator. The university administrator with authority and responsibility for
			 overseeing the university's implementation of Title IX law and regulations and
			 this policy. The Title IX coordinator's contact information may be located at
https://www.kent.edu/studentaffairs/genderequity-titleix
.