Procedures for Reporting and Responding to Reports of Discrimination

The following procedures have been adopted by the University to receive, investigate, and resolve complaints of discrimination or harassment on the basis of sex. These procedures are designed to provide a supportive process for individuals who report discrimination or harassment and to ensure a fair process for individuals who are accused of discriminatory or harassing conduct. Internal investigation of allegations of institutional discriminatory treatment or systemic discriminatory practices is intended to ensure that Ohio University meets its commitment to an open and inclusive educational and employment environment. These procedures also describe the University’s efforts to conduct timely, thorough, and fair investigation as required by law.

Sexual harassment has been recognized as a form of discrimination in violation of Title IX. For emphasis, sexual harassment may be referred to specifically herein, and in addition to “discrimination” which refers generically and inclusively to all forms of discrimination on the basis of sex.

Making Reports of Title IX Discrimination

All members of the University community are encouraged to contact the Title IX Coordinator at the Office for Institutional Equity if they are personally subjected to or if they observe conduct that may be in violation of Ohio University's policies which prohibit discrimination or harassment on the basis of sex. Reports of discrimination or harassment also may be brought to University Human Resources, to University Legal Affairs, and to a Dean, chair, department administrator or other supervisor.

The Office for Institutional Equity has primary responsibility for coordinating efforts for investigation, resolution, monitoring, coordinating, and centralized reporting. Chairs, deans, department administrators, and supervisors have a management responsibility to identify and report discriminatory behaviors. Chairs, deans, department administrators and supervisors should be directly involved in resolving allegations of discrimination or harassment. Institutional Equity will investigate allegations of discrimination or harassment in consultation with the respondent’s supervisor, provided the supervisor is not an alleged perpetrator. Chairs, Deans, department administrators and other supervisors are responsible for monitoring the respondent’s behavior and to take appropriate disciplinary action if he or she continues to violate university policy or procedure.

Any member of the University community who receives a complaint of discrimination or harassment from a student or other member of the University community against a member of the staff of the Office for Institutional Equity shall report the complaint to University Legal Affairs (See Ohio University Policy 03.004 Harassment).

These procedures apply to members of the campus community as defined by Ohio University’s policy prohibiting harassment (See Ohio University Policy 03.004 Harassment).

1) Centralized Coordination, Monitoring, and Reporting

In some circumstances, investigation and disposition of complaints may be referred to other offices within the University, such as University Human Resources or Student Judiciaries. To assure University-wide compliance with this policy and with federal and state law, the Office for Institutional Equity must be advised of all reported incidents of discrimination or harassment and their resolution, regardless of where the complaint is brought, investigated, or resolved. The Office for Institutional Equity will monitor and coordinate the resolution of complaints by other offices with concurrent jurisdiction in situations that include allegations of conduct that may be discriminatory or harassing. The Office for Institutional Equity will also use this information to prepare annual statistical reports for the campus community on the incidence of gender-based discrimination. No information that identifies individuals will be reported in the annual statistical reports. Annual reporting shall be made by The Office for Institutional Equity to the office of the President, Office of the Executive Vice President and Provost, to the Board of Trustees, and to the Office of Legal Affairs.

2) Definitions

Sex Discrimination:

conduct that denies or limits a person’s ability to benefit from or fully participate in educational programs or activities or employment opportunities because of a person’s sex. Examples of the types of discrimination that are covered under Title IX include, but are not limited to, sexual harassment, failure to provide equal opportunity in educational programs and co-curricular programs including athletics, discrimination based on pregnancy, and employment discrimination.

Sexual Harassment:

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that (a) is sufficiently severe, persistent, or pervasive to limit a student's ability to participate in or benefit from an education program or to create a hostile or abusive educational environment, or (b) explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile,or offensive work environment.

Gender Discrimination or Gender Harassment:

Includes discrimination or verbal/ physical harassment which is based on the person's gender but which is not sexual in nature. Ohio University’s policies prohibit gender-based harassment, which may include discrimination or harassment on the basis of sexual orientation, gender identity or gender expression, and harassment or discrimination on the basis of sex-stereotyping.

Inquiry:

A request from a member of the University community for information about the policy or the procedures for resolving a situation that involves discrimination or harassment. An inquiry may also refer to an informal notification that discrimination or harassment may have occurred and/or request for information about where or how to bring a complaint.

Complaint:

A description of facts that allege violation of the University’s policy against discrimination or harassment. The Office for Institutional Equity may request that a complaint be made in writing.

Complainant: Student(s) or employee(s) of Ohio University who alleges that she or he has been subjected to discriminatory practices or harassing behavior. A third-party complainant is a person who brings a complaint on behalf of another member(s) of the campus community who has allegedly been the subject of discrimination or harassment. Complainants may be individuals or groups of individuals who have been impacted by discrimination or harassment.

Respondent(s):

Person or persons who are members of the campus community who allegedly discriminated against or harassed another person or persons. Respondents may be individuals, groups, programs, academic or administrative units, or the institution.

Witnesses:

Persons who have information about the alleged harassment that will tend to prove, disprove, or otherwise illuminate an investigation of a complaint

Investigation: A fact finding inquiry by the Office for Institutional Equity that attempts to determine whether behavior in violation of policy prohibiting discrimination or harassment occurred, and to make recommendations for resolution of the discriminatory or harassing conditions.

Time Limitations

Reports of discrimination or harassment should be brought as soon as possible after the alleged conduct occurs, and within 180 days. Prompt reporting will enable the University to investigate the facts, determine the issues, provide an appropriate remedy or disciplinary action, and prevent further harm to the complainant or others who may be at risk.

Typically, reports of discrimination or harassment brought more than 180 days after the last incident of alleged discriminatory or harassing conduct occurred will not be subject to full investigation. Evidence of discrimination or harassing behaviors that occurred more than 180 days after the alleged conduct occurred may be considered 1) as part of a pattern of conduct when a report of new discriminatory or harassing conduct (less than 180 days) has been brought; or 2) for the purpose of identifying, remediating, and preventing further discriminatory or harassing conduct.

3) Options for Resolution

Individuals making reports of discrimination or harassment shall be informed about options for resolving potential violations of the policies which prohibit discrimination or harassment. These options include informal dispute resolution, referral to other University offices or programs, formal investigation by Office for Institutional Equity, and availability of resources outside the University process. The university shall respond, to the greatest extent possible, to reports of discrimination or harassment brought anonymously or brought by third parties not directly impacted by the discrimination or harassment. However, the response to such reports may be limited if information contained in the report cannot be verified by independent facts.

Complainants and other individuals bringing reports of discrimination or harassment shall be informed about the range of possible outcomes of the report, including interim protections, remedies for the individual harmed by the discrimination or harassment, and disciplinary actions that might be taken against the accused as a result of the report, including information about the procedures leading to such outcomes.

Retaliation:

An individual who is subjected to retaliation (e.g., threats, intimidation, reprisals, or adverse employment or educational actions) because he or she (a) made a report of discrimination or harassment in good faith, (b) assisted someone with a report of discrimination or harassment, or (c) participated in any manner in an investigation or resolution of a report of discrimination or harassment, may make a report of retaliation under these procedures. The report of retaliation shall be referred by the Office for Institutional Equity to the appropriate academic or administrative supervisor and to the University Office of Legal Affairs (See also Ohio University Policy 03.006 Whistleblowing and Retaliation.

Temporary Measures:

Ohio University may at any point in the complaint process elect to place the respondent on investigative leave, reassignment, or authorize other types of temporary measures while an investigation is pending, including but not limited to “no contact” provisions.

a) Procedures for Informal Resolution

Ohio University encourages informal resolution options when the parties desire to resolve the situation cooperatively, or when inappropriate behavior does not rise to the level of violation of University policy as determined by the Title IX Coordinator/Office for Institutional Equity, but nonetheless is adversely affecting the workplace or educational environment.Informal resolution may include an inquiry into the facts, but typically does not rise to the level of an investigation. Participation in informal resolution is voluntary.

Informal resolution includes but is not limited to options such as referral to another campus office or program, mediation, separation of the parties, referral of the parties to counseling programs, or conducting targeted educational and training programs. Situations that are resolved through informal resolution are usually subject to follow-up after a period of time to assure that resolution has been implemented effectively. Steps taken by the Office for Institutional Equity to help the parties achieve informal resolution will be documented.

Some reports of discrimination or harassment may not be appropriate for informal resolution, but may require a formal investigation at the discretion of the Title IX Coordinator/Director of the Office for Institutional Equity.

b) Procedures for Formal Investigation

In response to reports of discrimination or harassment in cases where the complainant does not wish to engage in informal resolution, where informal resolution is not appropriate, or in cases where attempts at informal resolution are unsuccessful, the Office for Institutional Equity may conduct a formal investigation. In such cases, the individual making the report shall be encouraged to file a written complaint. Within five business days of receipt of a formal complaint, the Title IX Officer shall meet with the complainant to discuss a plan for investigation of the complaint. In cases where there is no written complaint, such as situations that involve a third party complaint, the Director of the Office for Institutional Equity, may initiate an investigation after making a preliminary inquiry into the facts, and will inform the person(s) who were allegedly harmed by discrimination or harassment of the decision to initiate an investigation in writing within three business days of the decision to investigate.

Investigations of reports of discrimination or harassment shall incorporate the following standards:

1. The Office for Institutional Equity is the designated University unit to conduct formal investigation of allegations of discrimination or harassment, and to coordinate University response(s) to complaints of the same.

2. The individual(s) accused of conduct violating the University policy prohibiting harassment shall be provided a copy of the written complaint or otherwise given a full and complete statement of the allegations, and a copy of Ohio University’s policies which prohibit discrimination or harassment within five business days of receipt of the complaint. If the individual(s) accused cannot be located, attempts at notification shall be documented.

3. The individual(s) conducting the investigation shall be familiar with the policy prohibiting discrimination or harassment and have training and/or experience in conducting investigations.

The investigation generally shall include interviews with the parties if available, interviews with other witnesses as needed and a review of relevant documents as appropriate. Disclosure of facts to witnesses shall be limited to what is reasonably necessary to conduct a fair and thorough investigation. Participants in an investigation shall be advised that maintaining confidentiality is essential to protect the integrity of the investigation and will be advised to refrain from discussing the pending investigation.

4. At any time during the investigation, the investigator may recommend that interim protections or remedies for the complainant or witnesses be provided by appropriate University officials. These protections or remedies may include separating the parties, placing limitations on contact between the parties, or making alternative workplace or student housing arrangements. Failure to comply with the terms of interim protections may be considered a separate violation of the <">policy prohibiting harassment.

5. The investigation shall be completed as promptly as possible and in most cases within 45 working days of the date the written complaint was received.

6. Generally, an investigation will result in a written report that, at a minimum, includes a statement of the allegations and issues, a summary of the information considered, findings of fact, and a determination by the investigator as to whether University policy has been violated. For allegations of discrimination or harassing behavior, there are three possible findings:

Substantiated: It is more likely than not that the allegation is true.

(b) Unsubstantiated: It is not possible to determine whether the allegation is true or untrue. There is insufficient evidence to prove or disprove that the allegation is true.

(c) Unfounded: It is more likely than not that the allegation, while made in good faith, is untrue. A finding that the allegations are unfounded does not indicate that the complaint was improper or knowingly false.

7. No person shall make an allegation that he or she knows to be untrue or knowingly provide false information during the course of an investigation. Making a false complaint or giving false information is a violation of this Policy and may be a basis for discipline, including expulsion or termination. Evidence of false complaints or false information shall be referred by the Office for Institutional Equity to the Office for Legal Affairs.

8. The report also may contain recommendation for actions to resolve the complaint, including but not limited to educational programs, counseling/coaching, mediation, remedies for the complainant, and a referral to disciplinary procedures, as appropriate.

9. The report may be used as evidence in other related procedures, such as subsequent complaints, grievances and/or disciplinary actions.

10. The complainant and the respondent shall be informed in writing within ten days of the completion of the investigation and the outcome of the investigation. The complainant shall be informed of the findings and of actions taken or recommended to resolve the complaint, if any, that are directly related to the complainant, such as a recommendation that the accused not contact the complainant. The complainant may be notified generally that the matter has been referred for disciplinary action, but shall not be informed of the details of the recommended disciplinary action without the consent of the respondent. The respondent shall be informed of the findings and of actions taken or recommended to resolve the complaint and shall be notified generally of referrals for disciplinary action and recommended disciplinary action.

11. Complainant and respondent(s) may request a copy of the investigative report pursuant to University policy governing privacy and access to personal information and pursuant to Paragraph 5) a)-b), below.

12. Copies of the investigative report will be provided to those University administrators, academic leaders, and supervisors who are directly responsible for implementing measures to correct and prevent discriminatory or harassing conditions.

13. Regardless of the method of resolution or the outcome, Complainant is at all times free to pursue a complaint with the Equal Employment Opportunity Commission, the Ohio Civil Rights Commission, the United States Department of Education (Office for Civil Rights), the United States Department of Labor (Office of Federal Contract Compliance Programs), or by consulting a labor/employment attorney at her or his own expense.

4. Privacy

The University shall protect the privacy of individuals involved in a report of discrimination or harassment to the extent allowed by state and federal law and University policy. A report of discrimination or harassment may result in the gathering of extremely sensitive information about individuals in the University community. The University may be required to disclose personal information in accordance with Ohio Public Records law.

a) Confidentiality of Reports of Discrimination or Harassment

The Office for Institutional Equity attempts to balance the needs of the parties for privacy with the institutional responsibility of ensuring a safe educational environment and workplace. Confidentiality is an aspiration, but is not always possible or appropriate. An individual's requests regarding the confidentiality of reports of discrimination or harassment will be considered in determining an appropriate response; however, such requests will be considered in the dual contexts of the University's legal obligation to ensure a working and learning environment that is free from discrimination or harassment and the due process rights of the accused to be informed of the allegations and their source. Some level of disclosure may be necessary to ensure a complete and fair investigation.

b) Confidential Resources

There are confidential resources available on campus, including counselors and psychologists in the employee assistance program, and student health services. Because content of discussions with confidential resources is not reported to an office of record, such discussions do not serve as notice to the University to address the alleged discrimination or harassment.

5) Annual Reporting

The office of the Title IX Compliance Coordinator is responsible for maintaining records relating to discrimination or harassment reports, investigations, and resolutions. Records shall be maintained in accordance with University records policies, generally six years after the date the complaint is resolved. Records may be maintained for a longer period of time at the discretion of the Title IX Compliance Coordinator (Director of the Office for Institutional Equity) in cases where the parties have a continuing affiliation with the University. All records pertaining to pending litigation or a request for records shall be maintained in accordance with instructions from University legal counsel. Requests for information should be directed to the Office of Legal Affairs.

6) Consensual Relationships

Faculty, administrators, and supervisory staff who evaluate academic performance or job performance place themselves at risk by entering into romantic or close social relationships with subordinates or students. Faculty and staff who choose to engage in such relationships should be sensitive to the constant possibility that they may unexpectedly be placed in a position of responsibility for the student's instruction or employee’s evaluation.

Faculty, administrators, and supervisory staff should be aware that romantic or close social involvement with any student or subordinate employee could be subject to formal action if a complaint of inappropriate behavior is initiated. Even when both parties have consented to the development of such relationships, they can raise serious concerns about the validity of the consent, conflicts of interest, and unfair treatment of others; a faculty member or supervisor will be held accountable for unprofessional behavior.

Appendix A:

Ohio University Title IX Coordinator Duties and Responsibilities

Pursuant to Title IX of the Educational Amendments of 1972 and 34 C.F.R. Part 106, Ohio University’s Title IX Coordinator is the designated agent of the University with primary responsibility for coordinating University Title IX compliance efforts. The Title IX coordinator’s responsibilities are critical to the development, implementation, and monitoring of meaningful efforts to comply with Title IX legislation, regulation, and case law. In broad terms, the Title IX Coordinator oversees monitoring of University policy in relation to Title IX law developments; implementation of grievance procedures, including notification, investigation and disposition of complaints; provision of educational materials and training for the campus community; conducting and/or coordinating investigations of complaints received pursuant to Title IX; ensuring a fair and neutral process for all parties; and monitoring all other aspects of the University’s Title IX compliance.

Ohio University’s Title IX Coordinator is:

Laura L. Myers, J.D., M.A.
Interim Director – Office for Institutional Equity
101 Crewson House
Ohio University
Athens, Ohio 45701
(t) 740.593.2620
(email)equity@ohio.edu

Duties and responsibilities related to the Coordination of the University’s Title IX compliance efforts include, but are not limited to:

1) Notification and Education --

-prepare and disseminate educational materials, including brochures, posters, and web-based materials that inform members of the campus community of Title IX rights and responsibilities, to the campus community

-coordinate training for students about their rights under Title IX and grievance procedures

-coordinate in-service training to all employees concerning Title IX policy

2) Consultation, Investigation, and Disposition –

-receive and process, in a timely manner, inquiries from students, faculty, staff, and administrators regarding rights and responsibilities concerning harassing behavior or other discriminatory behavior in violation of Title IX

-receive and process, in a timely manner, inquiries from third parties who report

-if not appropriate for investigation, refer inquiries to other resources (e.g. University Ombudsman, Human Resources)

-receive and process, in a timely manner, complaints from students, faculty, staff, and administrators regarding rights and responsibilities concerning harassing behavior or other discriminatory behavior in violation of Title IX

-receive and process, in a timely manner, complaints from third parties who report suspicion of harassing behavior or other discriminatory behavior in violation of Title IX

-notify complainants of receipt of the complaint

-notify respondents that complaint has been made

-notify supervisor(s) of respondent that complaint has been made

- investigate alleged discrimination and/or harassment

– interview complainants, respondents, and material witnesses

- obtain and review documents and other relevant materials from complainant and/or respondent

– issue findings of fact and recommendations for disposition of complaints

– notify all parties regarding disposition

– notify complainants of his or her right to pursue remedies outside of the University grievance process

-follow-up with parties regarding implementation of recommendations contained in disposition; seek assistance from parties’ supervisors, if necessary to implement recommendations

– monitor compliance of all requirements and time-lines specified in the complaint/grievance procedures

3) Institutional Monitoring and Compliance Assurance

– train staff responsible for implementing grievance procedures

- coordinate and monitor Title IX efforts of other delegates and University offices that receive and/or investigate complaints, including but not limited to Human Resources, Student Judiciaries, Ohio University Police Department, University Ombudsman, Regional Campuses, and University Athletics.

– organize and maintain grievance files, disposition reports, and other compiled records regarding complaints of sexual harassment and other discriminatory practices, including annual descriptive reports of number and nature of filed complaints and disposition of complaints.

- remain knowledgeable of current state and federal law and regulations and trends in the field of education related to harassment and other discriminatory practices that violate Title IX.

- maintain professional qualification through ongoing training and professional development from accredited training programs; manage a professional development budget for this purpose

- monitor University Harassment policy and procedures to ensure compliance with state and federal law and regulations

- serve as a liaison officer to state and federal government compliance or investigation officers

4) Advising President and Executive Vice President and Provost

– provide ongoing consultation regarding Title IX requirements, grievance issues, and compliance programs to the President and Executive Vice-President and Provost

- report directly to Executive Vice-President and Provost level of administration (where there is no conflict of interest) to assist in resolution of complex harassment and discrimination cases, with a direct line to the President in situations that may present a conflict of interest for the Executive Vice President and Provost or for matters that require direct advisement of or involvement by the resident. In conjunction with University Legal Affairs, Title IX Coordinator may request hiring of outside qualified persons to investigate harassment and discrimination cases in the event of a conflict of interest. Academic and administrative units shall cooperate with Title IX Coordinator to obtain access to information necessary to investigate and enforce compliance requirements.

5) Annual Report to University President and Board of Trustees

The Title IX Coordinator will prepare annual statistical reports for the campus community on the incidence of sexual harassment. No information that identifies individuals will be reported in the annual statistical reports. Annual reporting shall be made by the Office for Institutional Equity to the Office of the President, Office of the Executive Vice President and Provost, to the Board of Trustees, and to the Office of Legal Affairs.

Title IX Coordinator Duties and Responsibilities drafted by Laura L. Myers, J.D., M.A. Last Revised December 29, 2009.