Amnesty for alcohol and other drugs
Students will not be subject to referrals for action under the Student Code of Conduct if they engaged in the unlawful or prohibited personal use of alcohol or drugs during the incident when the alleged violation occurred. Amnesty applies only to the personal use of alcohol or drugs and does not extend to other potential violations of the Student Code of Conduct that may have been committed.
Person who was subject to alleged misconduct as described in Policy 03.004 and/or the Student Code of Conduct. There may be more than one complainant for an incident.
Complainants may request that their name not be used as part of the investigation that the university may initiate. The inability to use the complainants name may impede the university’s ability to conduct a thorough investigation. The request for confidentiality must be evaluated and may be denied through a review process conducted by the Title IX Coordinator and Director of CSSR.
The state of Ohio does not provide a definition of “consent” in state statutes relating to sexual crimes. Ohio University's definition of consent is as follows: Consent must be informed, knowing and voluntary. Consent must be clear and unambiguous for each participant throughout any sexual encounter. Consent to some sexual acts does not imply consent to others, nor does past consent to a given act imply ongoing or future consent. Consent can be revoked at any time. For all of these reasons, sexual partners must evaluate consent in an ongoing fashion and should communicate clearly with each other throughout any sexual encounter. Consent cannot be obtained from someone who is asleep or otherwise mentally or physically incapacitated, whether due to alcohol, drugs, or some other condition. Consent cannot be obtained by threat, coercion, or force. Agreement given under such conditions does not constitute consent. In order to give effective consent, one must be of legal age.
Dating violence is defined as physical violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the complainant; and where the existence of such a relationship shall be determined based on the complainant's statement, and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. Dating violence does not include acts that meet the definition of "domestic violence." Harmful behavior that is not physical in nature will be evaluated through the "severe and pervasive" lens described in sexual harassment by hostile environment.
Domestic violence is defined as physical violence committed by a current or former spouse, or intimate partner of the complainant; by a person with whom the complainant shares a child; by a person cohabiting with the complainant as a spouse or intimate partner; or by a family or household member (i.e., parent, child, other persons related by blood, marriage, or prior marriage). Harmful behavior that is not physical in nature will be evaluated through the "severe and pervasive" lens described in sexual harassment by hostile environment.
Panel of two individuals chosen from the pool of trained investigators in the ECRC and Community Standards and Student Responsibility (CSSR) who have not participated in the investigation of the matter at hand.
Individuals who are chosen from a pool of trained investigators in ECRC and CSSR. Two investigators will be assigned and will conduct a prompt, thorough, and impartial investigation that includes conducting interviews and completing the investigative report.
All faculty and staff have been designated as “responsible employees,” who must report all incidents of sexual misconduct, relationship violence, and stalking of which they become aware. Some student-employees also have a duty to report sexual misconduct, relationship violence, and stalking, including Resident Assistants, Teaching Assistants, and Graduate Assistants. These reports must be made to ECRC.
Non-consensual sexual contact
Non‐consensual sexual contact is: intentional contact with the breasts, buttock, groin, or genitals; touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts; or any intentional bodily contact in a sexual manner by a person upon a person without consent.
Non-consensual sexual intercourse
Non‐consensual sexual intercourse is vaginal or anal penetration by any body part or foreign object or oral copulation (mouth to genital contact or genital to mouth contact) however slight by a person upon a person without consent.
Preponderance of Evidence
Standard of proof used by the hearing authority. Preponderance of evidence means that the statements and information presented in the matter must indicate to a reasonable person that it is more likely than not that the respondent committed a violation.
Person whom it is alleged committed a violation or violations of Policy 03.004 and/or the Student Code of Conduct. There may be more than one respondent for an incident.
Resources and Options Meeting
ECRC staff will contact the complainant in order to set up a resources and options meeting to discuss the following: available resources; interim measures; the obligation of the university to investigate every report of sexual misconduct, relationship violence, and stalking; the process for investigating and resolving alleged violations; the rights of the complainant and respondent in the process; and the option to request confidentiality.
Retaliatory harassment is an adverse action or threat of an adverse action taken in response to a person who makes a protected disclosure under this policy. Protected disclosures include: reporting suspected sexual misconduct, relationship violence, or stalking to a supervisor or appropriate university official; filing a complaint or lawsuit under federal or state law or university policy that prohibits sexual misconduct, relationship violence, or stalking; or participating in an investigation or proceeding under this policy.
Sexual assault is any type of sexual contact or behavior that meets the definition of "non-consensual sexual intercourse" or of "nonconsensual sexual contact.”
Sexual exploitation occurs when a person, knowingly or recklessly, takes nonconsensual or abusive sexual advantage of another for his or her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of the other sexual misconduct offenses.
Sexual harassment by hostile environment
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: a) 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; and b) The determination of whether an environment is "hostile" is often contextual and must be based on the circumstance, such as the frequency of the conduct, the nature and severity of the conduct, the relationship between the complainant and the respondent, the location and context in which the alleged conduct occurs, whether the conduct was physically threatening, whether the conduct was humiliating, or whether the conduct arose in the context of other discriminatory conduct.
Sexual harassment by quid pro quo
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: a) Submission to such conduct is made either explicitly or implicitly a term or condition of a person's employment or academic status; or b) Submission to or rejection of such conduct by a person is used as the basis for employment or academic decisions affecting such person.
Stalking is engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of
others; or that would cause a reasonable person to suffer substantial emotional distress. A "reasonable person" is a person under similar circumstances or similarly situated to the victim. "Substantial emotional distress" is significant mental suffering or anguish that may, but does not necessarily require, medical or other professional treatment or counseling.
Title IX Coordinator
The Title IX Coordinator is the University official responsible for ensuring that Ohio University complies with Title IX, including responding to and investigating all complaints of gender discrimination (including sexual harassment and sexual violence) at Ohio University. You can contact the Title IX Coordinator by email at firstname.lastname@example.org or by phone at 740-593-9140.