Sexual Assault Sanctioning Guidelines for Fall 2009
Sep 22, 2009
By: The Division of Student Affairs
Dean of Students Ryan Lombardi convened a task force of faculty, staff and students to make recommendations as to a set of sanctioning guidelines for those students found in violation of a sexual assault according to the Student Code of Conduct. Those recommendations were implemented into policy for the start of the Fall 2009 academic year.
The recommendations from the task force were presented to the Review and Standards Committee (a standing University committee charged with advising the Vice President for Student Affairs on matters related to the judicial system and the Code of Conduct), the Sexual Assault Task Force, GAMMA (Greeks Advocating the Mature Management of Alcohol), Graduate Student Senate, and Student Senate. All of the groups favorably received the proposal and were supportive of this cooperative institutional effort to respond strongly to sexual violence. Please refer to the new guidelines below. To be clear, these sanctioning guidelines will not change the adjudication process of sexual assault cases. These guidelines will be used after a student is found in violation and sanctioning is being considered.
Sexual Assault Sanctioning Guidelines
Effective Fall 2009
Ohio University, in accordance with the Ohio Revised Code (Chapter 2907), does not tolerate sexual violence. The Student Code of Conduct defines sexual assault as an A-level offense, category 4 (mental or bodily harm to others), subcategory e (sexual assault). In accordance with the law and our institutional philosophy, Ohio University has adopted the sanctioning protocol listed below for those students who are found responsible for an A4e (sexual assault) offense of the Student Code of Conduct.
There are three general questions that will be evaluated as sanctioning decisions are made. The appropriate sanctioning guidelines are included after each one.
Question 1: Was there a sexual assault violation? If yes, expectation is minimum 1-term suspension.
Question 2: Was there physical contact? If yes, expectation is minimum 1-year suspension.
Question 3: Was there penetration of any form? If yes, expectation is expulsion*.
*A presidential interim suspension will always be considered in these cases. A presidential interim suspension may also be used in other cases, depending on specific circumstances.
In addition to all three questions, consideration should be given to any additional factors that were involved. These may include, but are not limited to, the use of force or the premeditated use of drugs or alcohol. In cases where this applies, sanctions should be increased appropriately based on these circumstances.
Students who are eligible to return to campus after fulfilling a suspension will be expected to participate in an educational intervention and will not be permitted to have any form of contact with the other student(s) involved in the case for the duration of their enrollment at Ohio University.