Current through all regulations passed and filed through September 16, 2024
(A) Policy statement. Youngstown state
university ("YSU" or "university") is committed to fostering and maintaining an
environment of tolerance, mutual respect, and concern for all members of the
campus community. Consistent with these values and applicable law, including
Title IX of the Education Amendments of 1972, the university prohibits and will
not tolerate sexual misconduct in any university program or activity. The
university will take appropriate steps to eliminate sexual assault and
misconduct, prevent its recurrence, and address its effects.
(B) Purpose. To provide university community
with a clearly articulated set of behavioral standards, common understandings
of definitions, descriptions of prohibited conduct, relevant information, and
reporting options in order to foster a climate free from sexual
misconduct.
(C) Scope. This policy
applies to all students, faculty, employees (including student employees),
volunteers, and third parties, campus visitors, or other individuals engaged in
any university activity or program, regardless of sexual orientation or gender
identity, whether on or off campus, and including any location owned, leased,
or rented by the university.
For purposes of this policy, an individual is a student when
they are registered for courses, seminars, or workshops at the university,
either full-time or part-time; pursuing graduate, undergraduate or continuing
education courses; accepted for admission; or living in a resident hall,
whether or not actually enrolled at the university.
For purposes of this policy, an individual is a faculty member
when they are employed by the university to conduct classroom or teaching
activities.
For purposes of this policy, an individual is an
employee/student employee when they have been hired/employed by the university
to perform certain work or services at a specified hourly wage or
salary.
(D) Definitions
(for purposes of this policy).
(1) "Sexual
misconduct." A broad range of behaviors including sexual assault, dating
violence, domestic violence, stalking, voyeurism, and any other conduct of a
sexual nature that is nonconsensual or is carried out through force, threat,
intimidation or coercion.
For purposes of this policy, conduct prohibited under this
policy shall generally be referred to as "sexual misconduct."
(2) "Sexual assault." Any intentional,
nonconsensual and/or coerced sexual contact. Physical resistance need not occur
to meet the definition of sexual assault.
(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 programming 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. (See rule
3356-2-03
of the Administrative Code, university policy "Discrimination/
harassment.")
(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, comment, or gestures.
(iii) Remarks or inquires about sexual
activity, sexual orientation, or gender identity or expression.
(iv) The display or communication of sexually
oriented material (including through email or other electronic means).
(v) Unwanted touching, hugging, or
contacting another's body.
(4) "Consent." Sexual activity requires
consent, which is defined as positive, unambiguous, voluntary and ongoing
agreement to engage in a specific activity. Consent must be freely and
affirmatively given. Consent cannot be obtained from someone through coercion
or from someone who is unconscious, asleep, or whose judgment is impaired by
the use of a drug or alcohol or diminished by an intellectual, mental, or
physical condition or disability. Consent can be withdrawn at any
time.
(5) "Coercion." Intimidation,
physical, or psychological threat, or pressure used to force another to engage
in sexual acts.
(6) "Stalking."
Repeated behaviors or activities whether in person, online, or through any
other means which threaten or endanger the safety, physical or mental health,
life or property of another, or creates a reasonable fear of such threat or
action.
(7) "Dating violence."
Violence or abusive behavior (sexual, physical, or threat of violence)
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 is
determined based on a consideration of the length and type of relationship and
the frequency of interaction between the persons involved in the
relationship.
(8) "Domestic
violence." Violence or abusive behavior (sexual, physical, or threat of
violence) used to maintain control or power within a current or former
relationship and which is committed by any of the following:
(a) A current or former spouse or intimate
partner of the victim;
(b) A person
with whom the victim shares a child in common;
(c) A person who is cohabitating with or has
cohabitated with the victim as a spouse or intimate partner;
(d) By any other person against an adult or
youth victim under the domestic or family violence laws of the state of Ohio
(see section 2919.25 of the Revised
Code).
(9) "Sexual
exploitation." Sexual exploitation occurs when a person takes nonconsensual or
abusive sexual advantage of another for his/her own benefit or advantage or to
benefit or advantage anyone other than the person being exploited, and that
behavior does not otherwise constitute another form of sexual misconduct.
Examples of sexual exploitation include, but are not limited to, prostituting
another, nonconsensual video or audiotaping of sexual activity, permitting
others to secretly observe or record consensual activity or engaging in
voyeurism.
(10) "Incapacitation."
Inability to evaluate, understand, or control conduct because an individual is
unconscious, asleep, intoxicated or under the influence of other drugs, or for
any other reason, physically, mentally, or legally unable to communicate or
grant consent. Incapacitation does not correlate to a specific blood alcohol
content ("BAC") and could be the result of drug use.
(11) "Sex offenses." See Chapter 2907. of the
Revised Code which defines "sex offenses" under Ohio law.
(E) Coordination with
discrimination/harassment policy. The university recognizes that in certain
circumstances harassment/discrimination related to an individual's race, color,
national origin, sex, sexual orientation, gender identity and/or expression,
disability, age, religion, or veteran/ military status may occur in conjunction
with sexual misconduct. Targeting individuals on the basis of these
characteristics is a violation of university policy/rule
3356-2-03
of the Administrative Code. In these circumstances, the university will
coordinate its responses and efforts in order to address these
issues.
(F) Privacy versus
confidentiality. Privacy and confidentiality have distinct meanings under this
policy.
(1) "Privacy." Privacy generally
means that information related to a report of sexual misconduct will only be
shared with a limited circle of individuals. The use of this information is
limited to those university employees who need to know in order to assist in
the active review, investigation, or resolution of the report. While not bound
by confidentiality, these individuals will be discreet and respect the privacy
of all individuals involved in the process.
(2) "Confidentiality." Confidentiality means
that information shared by an individual with a particular campus or community
professional cannot be revealed to any other individual without the express
permission of the individual. These professionals include medical and mental
health providers, ordained clergy, and rape crisis counselors. These
individuals are prohibited from breaking confidentiality unless there is an
imminent threat of harm to self or others.
(G) Reporting. The university encourages
anyone who has experienced sexual misconduct to report the incident to the
reporting source of their choice in order to obtain information and support and
so the university can respond appropriately. Prompt reporting may preserve
options that delayed reporting does not, including the preservation of physical
evidence, crisis counseling, and immediate police response. Additionally,
delayed reporting may affect the options available to the individual and the
university.
(1) "Confidential reporting." An
individual who desires that the details of an incident be kept confidential may
speak with professional licensed counselors who provide mental health
counseling on campus. Pastoral or clergy and medical professionals also have
legally protected roles involving confidentiality.
Confidential services are available on campus (see paragraph
(M)(1) of this rule) at student counseling services in Kilcawley center, room
2082, phone number 330-941-3737; student health services at Wick primary care
at YSU, 330 Wick avenue, phone number 330-740-4660; and through the employee
assistance program, phone number 800-227-6007.
(2) "Responsible employees and mandatory
reporting." Under Title IX, the university is required to take immediate and
corrective action if a responsible employee knew or in the exercise of
reasonable care should have known about sexual misconduct or sex based
discrimination or harassment that creates a hostile environment. A responsible
employee is an employee who:
(a) Has the
authority to take action to redress the harassment;
(b) Has been given the duty to report to
appropriate university officials any misconduct by students, employees or third
parties; or
(c) An individual could
reasonably believe has the authority or responsibility to take action.
Employees with supervisory and leadership responsibilities on
campus are considered responsible employees and include, but are not limited
to, managers, supervisors, directors, assistant/associate directors, faculty
members with supervisory or advisory duties over students or employees
(including student employees), resident assistants, program coordinators,
coaches, deans and department chairs. A responsible employee is considered a
mandatory reporter under this policy and when he or she becomes aware of sexual
misconduct, must notify the Title IX coordinator promptly but no later than
five working days of becoming aware of the information. When a responsible
employee is contacted by a student regarding possible sexual misconduct, the
responsible employee must inform the student of the responsible employee's
reporting requirement.
For purposes of this policy, faculty members who solely provide
classroom instruction with no student or employee supervisory or advisory
duties are not considered responsible employees under this policy. However,
they are strongly encouraged to report an alleged occurrence of sexual
misconduct as well.
(3) Filing a complaint with the university's
Title IX coordinator.
(a) Individuals who
believe they have been subjected to, or who reasonably believe sexual
misconduct has occurred, should contact the Title IX coordinator for
information and/or to file a complaint. The Title IX coordinator, or his/her
designee, will make an assessment of any risk of harm to individuals or to the
campus community and will take reasonable steps necessary, including interim
protective measures and to provide for the safety of individuals involved and
the campus community. Thereafter, the Title IX coordinator, or his/her
designee, will conduct an investigation depending on a variety of factors,
including but not limited to the reporting individual's wish to pursue an
investigation, the risk posed to the individuals involved and the campus
community by not proceeding, whether there have been other complaints of sexual
misconduct involving the same alleged individual(s), and the nature of the
allegation.
(b) To promote timely
and effective review and investigation, complaints of possible sexual
misconduct should be made immediately or as soon as reasonably possible. The
Title IX coordinator will review a complaint whenever it is made; however, a
lapse of time may make it more difficult to gather relevant and reliable
information and to address the behavior. Complaints involving potential Title
IX violations will follow the Title IX grievance procedures which are available
on the university's Title IX website.
(4) Student conduct process. If the alleged
perpetrator of sexual misconduct is a student, an individual may seek
resolution through the student conduct process. A report to student
life/student conduct (phone number 330-941-4703) can be made regardless of
whether or not a criminal complaint is pursued. For a more comprehensive review
of the student code of conduct, including timeliness of reporting, please go to
the office of student conduct webpage.
(5) Law enforcement.
(a) Individuals who are victims/survivors of
sexual misconduct have the right to make a complaint with local law enforcement
and are strongly encouraged to contact the Youngstown state university police
department ("university police") in order to receive information and to pursue
criminal charges. The university police can be contacted at 330-941-3527
(campus emergencies, dial 911). Reports can also be made to the city of
Youngstown police department at 330-747-7911 or 911.
(b) An individual who does not wish to pursue
action within the criminal justice system should still consider making a report
to the university police department. The university police can file a report on
the details of an incident without revealing the identity of the victim. This
allows the university to take steps pursuant to the Clery Act to keep
reports.
(6) The
university as reporting party. On some occasions, the university will assume
the function of the reporting party. This approach may be taken when sufficient
information is provided that allows the university to reach the threshold
determination that an individual poses a substantial and likely threat of harm
to the safety or well-being of an individual, members of the campus community,
or the performance of normal university functions.
(7) Anonymous reporting. Although the
university encourages victims to talk to someone, the university provides
online anonymous reporting options. Individuals may file an anonymous report
with the university police at the YSU police website, with the Title IX
coordinator at the Title IX website, or by contacting the office of student
conduct.
(H) Interim
measures. The Title IX coordinator (phone number 330-941-2216), office of
student life (phone number 330-941-3533) and/or the office of human resources
(330-941-1322) can assist an individual who has been subjected to sexual
misconduct with appropriate interim measures that are reasonably available to
alleviate the presence of a hostile environment. These measures can be taken
regardless of whether an individual chooses to formally report an incident or
crime and can include no-contact orders, changes in housing, work schedules, or
assignments and interim suspensions or administrative leaves. Failure to comply
with interim measures is a violation of this policy and may result in
corrective measures even if the initial report of sexual misconduct is later
not proven.
(I) Non-retaliation.
Retaliation against any individual in the university community, either for
alleging sexual assault or misconduct or for cooperating in the review or
investigation of a complaint, is strictly prohibited by university policy and
state and federal law. Anyone who believes he/she has been the victim of
retaliation should immediately contact the office of equal opportunity and
policy compliance or the office of human resources. Any person found to have
retaliated against another for reporting, participation, or cooperation in an
investigation will be in violation of this policy and will be subject to
corrective measures independent of the merits of the underlying
allegation.
(J) Prevention and
education programs. The university shall provide programs and/or training
(collectively referred to as "trainings") for employees and students designed
to prevent and promote awareness of sexual misconduct. The trainings shall be
consistent with applicable legal requirements and university policies. The
office of human resources, with oversight from the Title IX coordinator, or
his/her designee, shall provide training for employees; and the office of
student affairs, with oversight from the Title IX coordinator, or his/her
designee, shall provide training for students.
(K) 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. However, failure
to prove an allegation is not equivalent to a false allegation and no person
shall be penalized for good faith reporting of concerns under this
policy.
(L) Consequences of
violations of this policy. Any employee or student who violates this policy
will be subject to corrective action consistent with university policies and
applicable collective bargaining agreements and conduct codes. Corrective
action can include termination for employees and expulsion for students. Third
parties who violate this policy will be subject to appropriate university
action, including but not limited to removal from university property and
criminal prosecution.
(M) Support
and assistance.
(1) On-campus contacts:
(a) YSU student counseling services,
Kilcawley center, room 2082, contact 330-941-3737. Employee assistance program
(EAP), contact 800-227-6007.
(b)
Student health services, Wick primary care at YSU, 330 Wick avenue, phone
number 330-747-4660.
(c) YSU police
department, contact 330-941-3527 (24-hour line). Campus emergencies, dial
911.
(e) YSU director of equal
opportunity, policy development, and Title IX, Mark Weir, Tod hall, room 301,
Youngstown, Ohio 44555; contact 330-941-2216 or 330-941-2340; fax number is
330-941-2394; email address: mweir@ysu.edu.
(e) To be escorted to/from vehicle or
classes, contact YSU student security services, sponsored by YSU police
department, at 330-941-1515.
(2) Off-campus contacts.
(a) Ohio hopes, rape crisis and counseling
center of Mahoning county, contact 330-782-3936 (twenty-four-hour
hotline).
(b) Rape, abuse, and
incest national network, visit the RAINN website.
(c) Mercy health - St. Elizabeth Youngstown
hospital, contact 330-746-7211 (twenty-four hour medical services).
(3) Title IX website. For more
information on Title IX and sexual misconduct, please see the university's
Title IX website.
