Sanctioning Guidelines for Sexual Misconduct

Sanctioning Guidelines for Sexual Misconduct

Ohio University, in accordance with Title IX of the Education Amendments of 1972 and the Ohio Revised Code (Chapter 2907), does not tolerate sexual misconduct, relationship violence, or stalking.  Ohio University has an obligation to respond to sexual misconduct violations in a way that ends the misconduct, remedies its effects, and prevents a reoccurrence of the misconduct.  Per Ohio University Policy 03.004, sexual misconduct, relationship violence, and stalking include sexual harassment, non-consensual sexual intercourse, non-consensual sexual contact, sexual exploitation, stalking, dating violence, domestic violence, and retaliatory harassment.   Sexual misconduct is also a violation of Section – D7 (Sexual Misconduct) of the Ohio University Student Code of Conduct.

Ohio University has adopted a sanctioning protocol for students who are found to be in violation of Ohio University Policy 03.004 and Section D7 of the Student Code of Conduct.   Within these protocols, a range of sanctions is available extending from probation through expulsion.  Typically, students found to be in violation should expect a minimum of one semester of suspension. 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 misconduct violation?
    • If yes, expect a minimum of 1 semester suspension.
  • Question 2: Was there physical and/or sexual contact?
    • If yes, expect a minimum of a 1 year suspension.

  • Question 3: Was there penetration of any form?
    • If yes, expect expulsion.

 

In addition, the hearing authority will take the following as aggravating circumstances in making a determination the sanction:

  • Frequency of the misconduct
  • Severity of the misconduct
  • Previous disciplinary history of the respondent
  • Non-adherence to interim measures (i.e. no contact directives, etc.)
  • Pre-meditated use of drugs or alcohol to facilitate the violation
  • Use of force in the commission of the violation
  • Use of a weapon in the commission of the violation
  • Ongoing threat to the complainant and/or the University community

 

When determining an appropriate sanction, consideration will be given to the complainant’s ability to freely access the benefits of their education and participate in the University community. 

Students who are eligible to return to campus after fulfilling the terms of their suspension will be expected to fully comply with the conditions of their sanction and will not be permitted to have any form of contact with the other student(s) involved in the matter for the duration of their enrollment at Ohio University.  Additionally, other restrictions, including but not limited to the ability to enroll in the same courses as the complainant(s) or to access particular area of campus, may also be conditions of a student’s re-enrollment after suspension.