Current through all regulations passed and filed through September 16, 2024
(A) Policy
statement. Youngstown state university (university) does not discriminate on
the basis of sex (including pregnancy), race,
color, religion, national origin, age, sexual
orientation, gender identity and/or expression, disability, or
veteran/military status or any other basis protected
by law or Executive Order in its programs or activities.
Ohio Executive Order 2023-01D
"Anti-Discrimination Policy in State Government," defines protected class status and Executive Orde
r2022-06D "Defining and Combating Antisemitism" addresses antisemitism. The university is firmly
committed to maintaining a working and learning environment free of
discrimination and harassment of any employee, applicant for employment,
student, or visitor. The university community seeks to eliminate discrimination
and harassment through education and encourages staff, faculty, students,
visitors, and volunteers to report concerns or complaints. Prompt corrective
measures will be taken to stop discrimination and harassment whenever it
occurs.
This policy shall be interpreted and applied consistent with
the speech protections of the first amendment of the United States
Constitution.
(B) Purpose.
The purpose of this policy is to establish expectations for institutional and
individual conduct, aid the university community in recognizing and preventing
discrimination and harassment, and provide effective reporting and response
mechanisms. For purposes of this policy, the university community includes, but
is not limited to, all university employees, students, and any other individual
visiting or engaging in any university activity or program.
(C) Scope. This policy applies to students,
faculty, employees (including student employees), third parties, campus
visitors, or other individuals engaged in any university activity or program,
regardless of sexual orientation or gender identity, and whether on or off
campus. The prohibitions of this policy may, in some instances, be broader in
scope than the legal prohibitions of state, federal, or other laws prohibiting
discrimination or harassment. A determination that this policy has been
violated is not equivalent to a violation of law.
(D) Definitions. For the purpose of
determining whether a particular behavior or course of conduct constitutes
discrimination or harassment under this policy, the following definitions shall
be used:
(1) "Discrimination" - conduct that
is based on an individual's sex (including pregnancy), race, color, religion,
national origin, age, sexual orientation, gender identity and/or expression,
disability, or veteran/military status or any other basis protected by law
that:
(a) Adversely affects a term or
condition of an individual's employment, education, or participation in a
university activity or program; or
(b) Is used as the basis for a decision
affecting an individual's employment, education, or participation in a
university activity or program; or
(c) Is sufficiently severe or pervasive to a
reasonable person that it substantially interferes with an individual's
employment or educational performance or create a working, living, or
educational environment that is intimidating, hostile, or abusive.
(2) "Harassment" - conduct, or a
course of conduct, that degrades or shows hostility toward an individual or
group of individuals and is based on sex (including pregnancy), race, color,
religion, national origin, age, sexual orientation, gender identity and/or
expression, disability, or veteran/military status or any other basis protected
by law, and is sufficiently severe or pervasive to a reasonable person that it:
(a) Unreasonably interferes with an
individual's employment or education; or
(b) Objectively creates a working, living, or
educational environment that is hostile, intimidating, or abusive.
(3) "Sexual harassment" - sexual
advances, requests for sexual favors, or other verbal or physical 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 when it meets any of the following:
(a) Submission to such conduct is made either
explicitly or implicitly a term or condition of an individual's employment,
academic status, or participation in a university program or
activity.
(b) Submission to or
rejection of such conduct by an individual is used as the basis for employment,
academic, or programing decisions affecting the individual.
(c) The conduct has the purpose or effect of
unreasonably interfering with an individual's work or academic performance or
creating an employment, academic, or participation environment that is
objectively intimidating, hostile, or abusive.
(d) Sexual harassment can be directed at a
member of the same or different sex or sexual orientation. Examples of
inappropriate conduct which may constitute sexual harassment include but are
not limited to:
(i) Sexual advances or
propositions, either explicit or implied.
(ii) Sexually suggestive or sexually
degrading innuendo, comments or gestures.
(iii) Remarks or inquiries about sexual
activity, sexual orientation, or gender identity or expression.
(iv) The display or communication of sexually
oriented material (including through e-mail or other electronic
means).
(v) Unwanted touching,
hugging, or contacting another's body.
(e) "Sexual harassment," as defined in Title
IX of the Education Amendments of 1972, is set forth in rule
3356-2-05 of the Administrative
Code, university policy
3356-2-05"Title IX sexual
harassment policy." Students, faculty employees, volunteers, third parties,
campus visitors or other individuals should refer to rule
335602-05 of the
Administrative Code, university policy
3356-02-05"Title IX sexual
harassment policy" for processes and procedures under Title IX.
(4) Speech or conduct protected by
the First Amendment to the United States Constitution or Sections 3 and 11 of
Article I of the Ohio Constitution is not harassment for purposes of this
policy. Refer to rule
3356-4-21 of the Administrative
Code, university policy
3356-4-21, "Campus free
speech."
(5) Intimidating, hostile,
or abusive environment (collectively referred to as a hostile environment) is a
specific form of discrimination and is often contextual and must be based on
the circumstances. These circumstances include but are not limited to:
(a) The frequency of the conduct.
(b) The nature and severity of the
conduct.
(c) The relationship
between the complainant and the respondent.
(d) The location and context in which the
alleged conduct occurs.
(e) Whether
the conduct was physically threatening.
(f) Whether the conduct was
humiliating.
(g) Whether the
conduct arose in the context of other discriminatory conduct.
(E) No supervisor
(including a faculty supervisor), manager, or official representative of the
university shall directly or indirectly imply or threaten that an applicant,
employee, or student's submission to or refusal of sexual advances will
positively or negatively affect his or her employment, employment conditions,
career development, or academic status. This prohibition includes, but is not
limited to, instructors, faculty members, graduate assistants and teaching
assistants.
(F) Employee-student
consensual relationships. Relationships that might be appropriate in other
contexts may, within a university setting, create the appearance or basis for
an abuse of power, conflict of interest, favoritism, or of undue advantage.
Many university employees are entrusted with advising and mentoring students,
evaluating their work, and recommending students for advancement in employment,
programs or academia. The unequal institutional power which is inherent in such
a relationship heightens the vulnerability of both the student and employee for
possible abuse or coercion and can present real or perceived conflict.
(1) For purposes of this policy, a consensual
intimate or sexual relationship is a relationship of an intimate, dating,
and/or sexual nature entered into with the consent of both parties (hereinafter
referred to as a relationship for purposes of this policy).
(2) This policy applies to employees and
individuals, whether paid or unpaid, who teach, coach, evaluate, supervise,
advise, control, or influence student employment, academic, or resource
opportunities. These individuals include but are not limited to:
(a) Faculty, lecturers, and instructors
(including visiting faculty/instructors),
(b) Graduate students,
(c) Teaching assistants,
(d) Academic advisors,
(e) Coaches,
(f) Residence hall professional
staff.
(3) Intimate
relationships with students. Because of the elevated risk and the potential
exposure of the university and employees to liability for violation of laws
against sexual harassment and discrimination and in order to maintain an
environment as free as possible from conflicts of interest and favoritism, no
employee/individual as defined in this rule shall enter into a relationship
with a Youngstown state university student, including but not limited to
undergraduate, graduate, part-time, or full-time, regardless of whether or not
there is a direct supervisory or evaluative relationship between them. Should a
relationship predate either admission or employment with the university, the
individuals involved in the relationship shall inform his/her immediate
supervisor and dean and alternate supervisory or academic arrangements shall be
made. This prohibition does not apply to married couples; however, rule
3356-7-01 of the Administrative
Code regarding conflicts of interest should be consulted. (Corresponding
university policy 3356-7-01 can be found on the "University Policies"
webpage.)
(G) Duty of
managers and supervisors to act. Any supervisor, including executive and
administrative officers, chairs, executive directors/directors, or faculty
supervisor who becomes aware of information that would lead a reasonable person
to believe that harassment and/or discrimination has or is occurring shall
notify the office of equal opportunity, policy development and title IX and/or
human resources promptly but no later than five working days after becoming
aware of the information. The office of human resources shall promptly notify
the office of equal opportunity, policy development and title IX.
(H) Complaint procedures.
(1) The university encourages all persons who
believe they have experienced or witnessed discrimination or harassment to
promptly file a complaint with the office of equal opportunity, policy
development and title IX. A complaint may be formal or informal. However, a
complaint alleging a violation of this policy must be filed within three
hundred days of the behavior or the last incident at issue. Delays in filing or
reporting may make it more difficult for the university to conduct an
investigation.
(2) An individual
also has the right to file a complaint with external agencies, including, but
not limited to, the Ohio civil rights commission, the equal employment
opportunity commission and/or the department of education. Utilizing the
university's internal complaint procedure does not extend the deadline for
filing a complaint with the external agencies. However, it is recommended that
the complainant first exhaust the internal complaint procedures by promptly
reporting the complaint.
(3) The
university may assume the role of a complainant and pursue a complaint either
informally or formally when it obtains information that would lead a reasonable
person to believe that this policy has been violated. In these instances, the
university may take any action it deems appropriate, including informing the
alleged perpetrator of the complaint and pursuing an investigation even in
cases where an alleged victim of harassment or discrimination is reluctant to
proceed. The alleged victim will be notified in advance when such action is
necessary.
(4) Complaint
investigations will follow the procedures set forth in the university's
"Guidelines for Initiating and Investigating Complaints of Discrimination and
Harassment." These guidelines may be obtained from the office of equal
opportunity, policy development and title IX.
(5) Information related to a report of
discrimination and/or harassment will only be shared with those university
employees who need to know in order to assist in the review, investigation, or
resolution of a complaint. The university will make every reasonable effort to
conduct all proceedings in a manner that will protect the privacy of all
parties. Parties to the complaint should treat the matter under investigation
with discretion and respect for the reputation of all parties
involved.
(I) Interim
measures. During the course of an investigation, it may be necessary and
advisable for the university to take appropriate interim measures that are
reasonably available to alleviate the conduct which is the basis of a
complaint. These interim measures may include, but are not limited to,
separating the parties, placing limitations on contact between the parties, or
making alternative academic, living or workplace arrangements. Failure to
comply with the terms of interim measures is a violation of this policy and may
result in corrective measures, even if the initial complaint is not
proven.
(J) Non-retaliation.
University policy and state and federal law prohibit retaliation against an
individual for reporting discrimination or harassment or for assisting or
participating in an investigation. Persons who believe they are experiencing
retaliation for reporting or participating in an investigation of a complaint
are strongly encouraged to contact the office of equal opportunity, policy
development and title IX. Any person found to have retaliated against another
for reporting, participating, or cooperating in an investigation will be in
violation of this policy and will be subject to corrective measures and/ or
sanctions independent of the merits of the original complaint.
(K) Corrective measures.
(1) When it has been determined that
discrimination, harassment, or retaliation has occurred, steps will be taken to
ensure that the prohibited behavior is stopped. Corrective measures and/or
sanctions will be imposed consistent with the severity of the offense,
applicable university procedures, and collective bargaining agreements.
Corrective measures may include sanctions and/or discipline up to and including
termination for employees and expulsion for students. In the event that a
record of such sanctions will become a part of an employee's personnel records,
prior notice will be given to the employee.
(2) Sanctions may also be imposed on any
individual with a duty to act under this policy and associated procedures, who
fails to respond in a manner consistent with this policy to a complaint or
reasonable information of discrimination, harassment, or retaliation.
(3) To the extent possible under applicable
law and policies, a complainant will be informed of the corrective measures
taken.
(L) False
allegations. It is a violation of this policy for anyone to intentionally
report information or allegations that they know, or reasonably should know, to
be untrue or false. Sanctions may be imposed on individuals who make false
accusations of discrimination or harassment. Failure to prove a claim of
discrimination or harassment is not equivalent to a false allegation and no
person shall be penalized for good faith reporting of concerns under this
policy.
(M) Use of discrimination
and harassment allegations in employment actions or academic status decisions.
When making decisions affecting an individual's employment or academic status,
allegations of discrimination and harassment may be considered only if they
have been addressed through this policy or procedure, a court of law, or other
administrative proceeding such as a student conduct hearing for a student
accused of a policy violation. Whenever such an allegation is discussed as part
of a determinant in the terms and conditions of an employment or academic
status, the affected party should be given notice.
(N) Policy and procedure administration. The
office of equal opportunity, policy development and title IX is responsible for
the administration of this policy and the associated procedures. However, all
university employees, staff, and students play a role in preventing and
reporting discrimination and harassment.
(O) Educational goals and objectives.
(1) It is the goal of the university to
prevent and eliminate discrimination and/or harassment and to foster an
environment of respect for all individuals. In furtherance of these goals,
every employee shall complete programs and/or training as directed by the
office of human resources and/or the office of equal opportunity, policy
development and title IX. The office of human resources, in conjunction with
the office of equal opportunity, policy development and title IX, shall provide
information, programs, and/or training to meet the following goals:
(a) Provide information about the
university's policies relating to discrimination and harassment and the
corresponding procedures and reporting mechanisms.
(b) Include information regarding this policy
in orientation materials for new faculty, staff, students, and
volunteers.
(c) Notify persons of
inappropriate conduct and encourage appropriate behavior when interacting with
others.
(d) Inform the university
community about the problems caused by discrimination and harassment and the
unacceptability and illegality of discrimination and harassment.
(e) Address issues of discrimination and
harassment from a multicultural perspective.
(2) A statement regarding discrimination and
harassment will appear in the university bulletins (graduate and
undergraduate), on the webpage of the office of equal opportunity, policy
development and title IX, and relevant portions shall be referenced in "The
Student Code of Conduct."
(P) Information, assistance, and counseling.
(1) Individuals may seek general information,
anonymously or otherwise, regarding this policy by contacting any of the
following offices/units. However, general inquiries with these offices/units
will not be considered a report to the university and will not result in action
under this policy.
(a) The office of equal
opportunity, policy development, and title IX.
(b) The center for student progress/office of
disability services.
(c) Housing
and residence life.
(d) Office of
human resources.
(e)
Intercollegiate athletics.
(f)
Office of student affairs through the ombudsperson.
(2) A student may seek counseling or support
services on campus from the university student counseling services during
regular business hours (330-9413737). Employees may contact the office of human
resources for information on available counseling services. Information shared
within the context of counseling services is considered confidential to the
extent permitted by state and federal law.
(3) An individual who seeks information,
assistance, or counseling may still utilize this policy to file a
complaint.
(4) For information on
sexual misconduct including sexual assault, dating violence, domestic violence,
stalking, or any other conduct of a sexual nature that is carried out without
consent or through force, threat, intimidation or coercion, please see rule
3356-2-03.1 of the
Administrative Code.
(Corresponding university policy 3356-2-03.1 can be found on
the "University Policies" webpage.)
