Sexual Harassment and Other Sexual Misconduct Policy

Unwelcome conduct determined by a reasonable person to be so severe and pervasive and objectively offensive that it effectively denies a person equal access to Ohio University’s education program or activity.

An employee of Ohio University conditioning the provision of an aid, benefit, or service of Ohio University on an individual’s participation in unwelcome sexual conduct.

Penetration, no matter how slight, of the vagina or anus of a person with any body part or object, or oral penetration by a sex organ of another individual, or by a sex-related object, without the complainant’s consent. 

This definition includes instances in which the complainant is incapable of providing consent because of temporary or permanent mental or physical incapacity (including due to the influence of drugs or alcohol) or because if age. Physical resistance by the complainant is not required to demonstrate lack of consent.

The intentional touching of the complainant’s clothed or unclothed body parts, without the complainant’s consent, for the purpose of sexual degradation, sexual gratification, or sexual humiliation; or

The forced touching by the complainant of the respondent’s clothes or unclothed body parts, without the complainant’s consent, for the purpose of sexual degradation, sexual gratification, or sexual humiliation. 

This offense includes instances where the complainant is incapable of giving consent because of age or incapacity due to temporary or permanent mental of physical impairment or intoxication.

Non-forcible sexual intercourse with a person who is under the statutory age of consent.

Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by Ohio law.

Violence or threat of violence committed by a person who is in or has been in a social relationship of a romantic or intimate nature with the complainant. For the purposes of this definition, violence means physical violence, and dating violence does not include acts covered under the definition of domestic violence.

Conduct that would meet the definition of a felony or misdemeanor crime committed by a person who:

• Is a current or former spouse or intimate partner of the complainant, or a person similarly situated to a spouse of the complainant under the family or domestic violence laws of Ohio;
• Is cohabitating, or has cohabitated, with the complainant as a spouse or intimate partner;
• Shares a child in common with the complainant; or
• Commits acts against a youth or adult complainant who is protected from those acts under the family or domestic violence laws of Ohio.

For the purposes of this definition, domestic violence does not include acts covered under the definition of dating violence.

Engaging in a course of conduct, on the basis of sex and directed at a specific person, that would cause a reasonable person to fear for their own safety or the safety of others or suffer substantial emotional distress.

For the purposes of this definition, course of conduct means two or more acts, including, but not limited to, acts in which the respondent directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about the complainant, or interferes with the complainant’s property. Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

Physical or verbal conduct of a sexual nature that is unwelcome and sufficiently severe or pervasive from both a subjective (the complainant’s) and an objective (reasonable person’s) viewpoint, where such conduct has:

• The purpose or effect of unreasonably interfering with a person’s work or academic performance, or
• Creating an intimidating, hostile, or offensive environment for working, learning, or living on campus.

For the purposes of this definition, the determination of whether an environment is “hostile” is often contextual and must be based on the circumstances, which could include the frequency, nature, and severity of the conduct; the relationship between the complainant and the respondent; the location and context in which the conduct occurred; and whether the conduct was physically threatening, humiliating, or arose in the context of other discriminatory conduct.

Knowingly or recklessly taking sexual advantage of another person without consent through behavior that does not otherwise constitute a violation of this policy. For examples of conduct that may constitute sexual exploitation, see Section E.11 of University Policy 03.004. 

No person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX or University Policy 03.004 or because the individual has made a report or complaint, testified, assisted, participated, or refused to participate in any manner in an investigation, proceeding, or hearing. The exercise of rights under the First Amendment does not constitute retaliation.