Current through all regulations passed and filed through December 16, 2024
(A) Purpose. This policy sets forth the
expectations and responsibilities for maintaining a safe educational and
employment environment free of discrimination and harassment. This policy
prohibits discrimination and harassment based on race, color, religion, gender,
sex, sexual orientation, national origin, ancestry, disability, genetic
information, age, and military or veteran status. Retaliation for reporting or
participating in the complaint process is also prohibited.
(B) Definitions.
(1) Office of compliance, equal opportunity,
and affirmative action (EOAA) and the office of gender
equity and Title IX (Title IX office). The offices that
administers this policy, including handling complaints of unlawful
discrimination. EOAA has also designated "affirmative action facilitators" at
each regional campus and in select university colleges and departments
and the Title IX office has designated "deputy Title IX
coordinators." These individuals may assist EOAA or the Title IX office with
investigations. The director of EOAA serves as the ADA Title II and
Rehabilitation Act Section 504 coordinator overseeing complaints of disability
discrimination. The gender equity director within
the division of
student affairs
serves as the
Title IX coordinator.
(2)
Complainant. The person, organization, or department that files a complaint
with EOAA or the Title IX office alleging that
they have been discriminated against.
(3) Respondent. The person, organization, or
department that the complaint is filed against. If the respondent serves in
more than one role on campus (for example, a respondent who is both a student
and an employee), the respondent's primary role in the occurrence of the
alleged action shall determine which investigative path below shall be
followed. Additional sanctions based on the respondent's secondary role may be
considered as appropriate.
(4)
Discrimination. Action based on a protected category that limits a group or
individual's ability to participate in the university's educational and
employment opportunities.
(5)
Harassment. A form of discrimination. Harassment is defined as action taken
without consent, based on a protected category, and either:
(a) Enduring the offensive conduct becomes a
condition of continued employment, academic success, or benefit; or
(b) Sufficiently severe or pervasive so as to
interfere with the individual or group's ability to benefit from university
employment, services, activities or privileges.
(6) Protected category. The following
personal characteristics are considered "protected categories." Discrimination
is prohibited based on the following:
(c) Religion: sincerely held religious
beliefs;
(d) Gender or sex. This
includes discrimination based on gender identity, gender expression, gender
non-conformity, and pregnancy. Gender or sexual harassment also includes the
following:
(i) Sexual misconduct. Intentional
sexual touching with any body part or object, that is without consent. This
also includes:
(a) Sexual exploitation,
defined as taking non-consensual or abusive sexual advantage of another for
one's own benefit, or to benefit a third party; or
(b) Knowingly transmitting a sexually
transmitted infection without consent.
(ii) Stalking. Engaging in a course of
conduct directed at a specific person that would cause a reasonable person to
fear for their safety or the safety of others or suffer substantial emotional
distress.
(iii) Domestic violence.
Felony or misdemeanor crimes of violence committed by a current or former
spouse or intimate partner of the victim, by a person with whom the victim
shares a child in common, by a person who is cohabitating with or has
cohabitated with the victim as a spouse or intimate partner, by a person
similarly situated to a spouse of the victim under the domestic or family
violence laws of the jurisdiction, or by any other person against an adult or
youth victim who is protected from that person's acts under the domestic or
family violence laws of the jurisdiction.
(iv) Dating violence. Violence or
intimidation committed by a person who is or has been in a social relationship
of a romantic or intimate nature with the victim. The existence of such a
relationship shall be determined based on a 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 includes, but
is not limited to, sexual or physical abuse or the threat of such
abuse.
(h) Disability. This category includes
protections for individuals with a physical or mental impairment that
substantially limits one or more major life activity; individuals with a record
of such an impairment; or individuals regarded as having such an impairment.
Complaints regarding a failure to accommodate a disability are also included
within this procedure. (genetic information of an employee or an employee's
family member);
(i) Age: over forty
years old; and
(j) Military or
veteran status.
(7)
Consent. An action defined as the voluntary, unambiguous and uncoerced
agreement to participate in an act, the nature and full extent of which is
understood by all parties. Silence or lack of resistance cannot be the sole
factor in determining consent. Consent may be given verbally or nonverbally.
All parties are responsible for confirming that their counterpart's consent is
maintained throughout the act and is present before engaging in a new act. A
person may be incapable of giving consent due to physical incapacitation,
physical or mental disability, threat, coercion, the influence of alcohol or
drugs, or age.
(a) Coercion. When an
individual unreasonably pressures another to engage in sexual activity, despite
responses that the conduct is unwelcome or unwanted. Coercion includes elements
of pressure, duress, cajoling, and compulsion. The pressure to participate may
also be considered unreasonable when the pressuring individual is in a position
of influence or authority over the other individual.
(b) Incapacitation. A state where a person
lacks the capacity to reasonably appreciate the nature or extent of the
situation because of their physical or mental status, developmental disability,
or alcohol or drug use.
(8) Retaliation. A retaliatory action is any
materially adverse action taken against a person because they
, or someone they are associated with, engaged in an
activity protected by this policy. Protected activity includes:
(a)
filing a good
faith report or complaint of discrimination under this rule or under the law
;
(b)
participating in the process for investigating complaints of
discrimination made under this rule or the law;
(c)complaining of or
opposing discrimination as defined by this rule. A materially adverse
action is one that might deter a reasonable person from participating in the
protected
activity. It may include, but is not limited to, termination, discipline,
and harassment, but does not include petty slights, minor annoyances, or
trivial punishment.
(C) Eligibility. All students, faculty,
staff, visitors, applicants, and university recognized student organizations.
This policy will apply to incidents occurring on campus or within
university-sponsored events and programs, and to incidents occurring off-campus
if both parties are affiliated with the University through enrollment or
employment at the time of the incident. Complaints within the purview of this
policy must be filed with EOAA within thirty business days
of the alleged harm (except complaints of sexual misconduct, stalking, domestic
violence and dating violence).
(1) This policy
does not apply to those specific complaints of sexual harassment that fall
within the purview of Title IX and rule 3343-5-16.2 of the Administrative Code.
The director of gender equity/Title IX coordinator or designee will review
reports of discrimination and harassment to determine which policy is
applicable. Title IX and rule
3342-5-16.2 of the
Administrative Code applies to:
(a) Sexual
harassment as defined by that policy
(b) Occurring in a Kent state university
education program or activity, against a person in the United States;
and
(c) Filed by a complainant who,
at the time of filing a formal complaint, is participating in or attempting to
participate in the education program or activity of the university with which
the formal complaint is filed.
(D) How to file a complaint. An eligible
person (as defined in paragraph (C) of this rule) who believes that they have
been discriminated against by a university department, an employee, a visitor
to campus, a student organization, or a student is encouraged to contact EOAA
to file a complaint by phone at 330-672-2038, or via email at aa_eeo@kent.edu.
Matters involving gender equity can be filed with the
Title IX office by phone at 330-672-7525 or at titleix@kent.edu.
Complaints of retaliation follow this same process.
(1)
The applicable
office (EOAA or the Title IX office) will
first examine the allegations within the complaint to determine if they are
within the purview of this policy. Complaints outside of the purview of this
policy may be referred to another university process.
The
office may also decline to accept a complaint if they determine that the
allegations, even if true, would not be a violation of this policy. If
The
office declines to accept a complaint, the party who brought forth the
allegation will be notified in writing of this decision. This decision may be
appealed using the appeal process noted in this policy.
(2) A complainant's consent is generally
necessary before an investigation will be started. However,
The
office director may determine that an investigation may move forward
without the consent of the complainant, in the following situations: where the
director believes the safety of the university community may be at risk because
of the circumstances of the allegations; for repeated allegations against a
single respondent; or where the director believes the alleged policy violations
may affect a larger group.
(3)
Anonymous or indirect reports will be reviewed to determine if enough credible
information has been provided to substantiate an investigation. At the
discretion of the director, the office may initiate an investigation
without a specific complainant.
(4)
The university will make every reasonable effort to honor the confidentiality
and privacy of all parties involved to the extent practicable and allowed by
law. The office may be limited in its
ability to investigate without permission to share relevant details. Alleged
felonies may be reported to the police in accordance with Ohio law. The
reporting party may make a report to law enforcement at any time.
(5) Remedial measures to eliminate harassment
may be available regardless of whether a complaint is filed. Such measures may
include modifications to academic, employment, and housing situations as
appropriate. A no-contact order may be put in place if requested and would
prohibit contact between both parties.
(6) If a respondent has more than one role
with the university (for example, student and employee), the complaint will be
handled in accordance with the context the respondent was in when the alleged
incident occurred. At the conclusion of that process, EOAA, the Title IX office, or office of student conduct
may make additional recommendations or finding regarding the respondent's other
role, as appropriate.
(7) If either
party is a minor who is not an enrolled student, the minor's parents may be
notified. If the allegations involve sexual misconduct, stalking, or violence,
local law enforcement will be notified as well.
(8) Parties notified.
The
office will notify the respondent in writing when a complaint is made. If
the respondent is a university employee, organization, or department, relevant
supervisors and administrators will be notified of the complaint as
well.
(E) Informal
resolution. If both parties agree to do so, the office may
attempt informal resolution of the complaint within sixty
business days of filing the complaint. This may
include a meeting of both parties with the office
representative to discuss the complaint and come to a mutual resolution;
a mutual no-contact order; or some other voluntary resolution agreement. If an
informal resolution is reached, it will be recorded in writing. Either party
may choose to elevate the complaint to a formal investigation at any time,
including if they feel the other party is not adhering to the
agreement.
(F) Formal
investigation. If informal resolution is not attempted or reached, the
office
representative will conduct an impartial, prompt and thorough investigation of
the matter.
(1) The investigation may include,
as applicable: interviews with both parties; interviews with anyone that may
have relevant information about the complaint; and collecting and reviewing
relevant documentation or other evidence.
(2) A formal investigation, including any of
the resolution following steps, will be completed within ninety
business days of filing a complaint. If more time is
needed, the investigator will notify
both parties in writing.
(3) Either
party may have an individual of their choice accompany them through any stage
of this process to provide support and guidance.
(4) The complainant may request to withdraw
their complaint at any point prior to the resolution of the complaint. The
complaint will be concluded at that point, without resolution, unless the
director elects to proceed with the complaint in accordance with paragraph
(B)(2) of this rule.
(G)
Formal resolution for student and student organization respondents. If the
respondent is a student or student organization, the investigator will notify the office of student
conduct that a hearing panel should be convened and provide a report of their
findings. For more detailed information regarding the hearing and appeal
proceedings, see the code of student
conduct.
(1) The complainant and the
respondent will be notified of the date of the hearing, and it will be
scheduled to accommodate the class schedules of both parties.
(2) Both parties will have an opportunity to
be heard before the the hearing decision-maker(s) and bring any witnesses;
.
(3) The
hearing
decision-maker(s) will decide whether the non-discrimination policy was
violated. The hearing decision-maker(s) uses a preponderance of the
evidence standard in making this decision.
(4) Both
parties will receive the decision of the hearing
decision-maker(s) in writing
consistent with the code of student conduct in rule
3342-4-02.1 of the
Administrative Code.
(5) If
discrimination or harassment was found to have occurred, the written decision
will include the steps that the university will take to prevent recurrence of
any discrimination or harassment and to correct any discriminatory effects on
the complainant and others, if appropriate.
(6) The decision may be appealed by either
party, in writing, to the office of student conduct and a decision will be
issued to both parties consistent with the code of student
conduct in rule
3342-4-02.1 of the
Administrative Code An appeal may only be made on the following bases.
(a)
Procedural
irregularity that affected the outcome of the matter;
(b)
New evidence that
was not reasonably available at the time the determination regarding
responsibility or dismissal was made, that could affect the outcome of the
matter; and
(c)
The decision-maker(s) had a conflict of interest or
bias for or against complainants or respondents generally or the individual
complainant or respondent that affected the outcome of the
matter.
(d)
For decisions resulting in separation from Kent state
university only (including but not limited to suspension, dismissal, removal
from university housing, and persona non grata: sanction(s) imposed were not
appropriate for the conduct violation for which the respondent(s) was found
responsible.
(H) Formal resolution for employee,
university department, and visitor respondents. The investigator will summarize any relevant
information gathered as part of their investigation. The written disposition
will include the investigator's determination of whether the non-discrimination
policy was violated.
(1) The investigator uses
a preponderance of the evidence standard in making this decision.
(2) If discrimination or harassment was found
to have occurred, the disposition will include the investigator's recommended
sanctions to prevent recurrence of any discrimination/harassment and to correct
any discriminatory effects on the complainant and others, if
appropriate.
(3) If the respondent
is an employee or department, the respondent's department is responsible for
determining whether they will accept and implement the sanctions recommended in
the written disposition. The respondent's department must notify
the
office in writing within fifteen business days after receiving the
investigation findings if the recommended sanctions will be adopted. If not,
the department must identify what other course of action will be taken
regarding the respondent.
(4) If
the respondent is a visitor to campus, the investigator may recommend the
persona non
grata process be initiated pursuant to rule
3342-5-12.7 of the
Administrative Code.
(5) The
decision may be appealed by either party, in writing, to the vice president of
human resources within seven business days, and a decision will be issued to both
parties within thirty business days. An appeal may
only be made on the following bases:
(a)
Procedural irregularity that affected the outcome of
the matter;
(b)
New evidence that was not reasonably available at the
time the determination regarding responsibility or dismissal was made, that
could affect the outcome of the matter; and
(c)
The
investigator(s), or decision-maker(s) had a conflict of interest or bias for or
against complainants or respondents generally or the individual complainant or
respondent that affected the outcome of the matter.
(I) Requirement to report. All
employees of the university (except those health care professionals with
statutory confidentiality requirements, when acting in their capacity as such)
are required to notify the Title IX office all instances of possible
gender/sexual harassment, sexual misconduct, stalking, and intimate partner
violence within the purview of this policy that they are made aware of in their
capacity as an employee. A report to the center for sexual and relationship
violence support services (SRVSS) or Kent state police services satisfies this
requirement. Employees are also expected to report to EOAA
of possible
non-gender based discrimination or harassment
they are made aware of in their capacity as an employee. With EOAA office
approval, university departments may create internal reporting structures that
ultimately and promptly lead to the EOAA office.
(J)
Either party may file a seperate
complaint against the university may also be filed with external
agencies, including but not limited to: the Ohio civil rights commission, the
equal employment opportunity commission, and the department of education office
for civil rights.