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 a safe, nondiscriminatory environment
for its students and employees consistent with the requirements of Title IX of
the Education Amendments of 1972 and Title 34, Part 106 of the Code of Federal
Regulations (Title IX). Sexual harassment, including sexual assault,
dating violence, domestic violence and stalking, is strictly prohibited by this
policy. Retaliation against those who report sexual harassment or participate
in the process outlined in this policy is prohibited.
(B) Purpose. To provide the university
community with a clearly articulated set of behavioral standards, common
understandings of definitions, descriptions of prohibited conduct, relevant
information, and reporting options consistent with the requirements of Title
IX.
(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 within the United States, regardless of sexual
orientation or gender identity.
For purposes of this policy, a university activity or program
is a location, event or circumstance over which the university exercises
substantial control over both the respondent and the context in which the
alleged sexual harassment occurred, whether on or off campus.
(D) Definitions (for purposes of this
policy).
(1) "Sexual harassment
" -
conduct on the basis of sex that satisfies one or more of the following
categories:
(a) An employee conditioning the
provision of an aid, benefit, or service on an individual's participation in
unwelcome sexual conduct (i.e., quid pro quo). An individual does not have to
submit to the conduct in order for quid pro quo sexual harassment to
occur.
(b) Unwelcome conduct
determined by the reasonable person's standard to be so severe, pervasive, and
objectively offensive that it effectively denies a person equal access to an
education program or activity (i.e., hostile environment).
(c) "Sexual assault" as defined in the Clery
Act (which includes rape, fondling, incest or statutory rape, as defined in
this paragraph.
(i) "Rape" (except statutory
rape)
-
the penetration, no matter how slight, of the vagina or anus with any
body part or object, or oral penetration by a sex organ of another person,
without the consent of the victim.
(ii) "Fondling
" - the touching of the private body
parts of another person for the purpose of sexual gratification, without the
consent of the victim, including instances where the victim is incapable of
giving consent because of his/her age or because of his/her temporary or
permanent mental incapacity.
(iii)
"Incest
"
- sexual intercourse between persons who are related to each other within
the degrees wherein marriage is prohibited by law.
(iv) "Statutory rape
" - sexual
intercourse with a person who is under the statutory age of consent.
(d) Dating violence, domestic
violence, or stalking pursuant to the Violence Against Women Act (also defined
in this paragraph).
(i) "Dating
violence
" - 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 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.
(ii) "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.
(iii)
"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.
(e) "Sexual misconduct
" -
conduct of a sexual nature that is nonconsensual or is carried out
through force, threat, or coercion. Sexual misconduct includes but not limited
to sexual exploitation and voyeurism.
(i)
"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.
(ii)
"Voyeurism
" - voyeurism occurs when a person, for the
purposes of sexual arousal or gratification sexual purposes, surreptitiously
invades the privacy of another. Voyeurism can occur in person or through
recording or electronic means.
(2) 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 university policy 3356-421, "Campus free speech"; rule
3356-4-21 of the Administrative
Code.
(3) "Consent
" - an action
which is defined as positive, unambiguous, voluntary and ongoing agreement to
engage in a specific activity. Consent is the equal approval, given freely,
willingly, and knowingly, of each participant to desired sexual involvement.
Consent is an affirmative, conscious decision - indicated clearly by words or
actions - to engage in mutually accepted sexual contact. A person may be
incapable of giving consent due to physical incapacitation, physical or mental
disability, threat or force, coercion, the influence of drugs or alcohol or
age. Silence or lack of resistance cannot be the sole factor in determining one
has received consent.
(a) "Coercion
" -
intimidation, physical, or psychological threat, or pressure used to
force another to engage in sexual acts. Coercion is unreasonable pressure for
sexual activity.
(b) "Force
" - the use of
physical violence and/or imposing on someone physically to gain sexual access.
Force also includes threats, intimidation (implied threats) and coercion that
overcome resistance or produce consent.
(c) "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.
(4) "Complainant
" - an
individual who is alleged to have experienced conduct that could violate this
policy. Also referred to as a "party" for purposes of this policy.
(5) "Respondent
- an individual who has been reported
to be the perpetrator of conduct that could violate this policy. A respondent
is presumed not responsible for the alleged conduct until a determination
regarding responsibility has been made pursuant to the hearing protocol. Also
referred to as a "party" for purposes of this policy.
(6) "Student
" - an individual is a student when
they are registered for courses, seminars, or workshops at the university,
either full-time or parttime; pursuing graduate, undergraduate, or continuing
education courses; accepted for admission; or living in a resident hall,
whether or not actually enrolled at the university.
(7) "Faculty member
" - an
individual who is employed by the university to conduct classroom, research, or
teaching activities.
(8)
"Employee
" -
an individual is an employee when they have been hired/employed by the
university to perform certain work or services at a specified hourly wage or
salary. Student employees are employees for purposes of this policy.
(E) Grievance process.
(1) Timeframe. The process outlined below is
expected to occur within ninety calendar days from the date a complaint is
filed. The Title IX coordinator or designee may extend this time period by
providing written notice to the parties citing the reason(s) for the extension.
The complainant or respondent may request a temporary delay of the grievance
process for good cause by written request to the Title IX coordinator. Good
cause includes, but is not limited to, the absence of party, a party's advisor
or a witness, or the accommodation for disabilities.
(2) Report. Information, however received,
alleging sexual harassment as defined in this policy and provided to a person
with the authority to initiate corrective action. A report may lead to further
action, including the filing of a formal complaint, depending on the alleged
facts and circumstance. The university encourages individuals to report any
allegations as defined in this policy. A report may be submitted by mail,
email, in person, by telephone or electronically at TitleIX@ysu.edu.
(3) Formal complaint. A formal complaint is a
verbal or written account which alleges a conduct which could violate this
policy and is made to a person with authority to initiate corrective action. A
complaint may be submitted by mail, email, in person, by telephone or
electronically at TitleIX@ysu.edu.
(4) Notice.
(a) Upon receipt of a formal complaint, the
university shall provide the following written notice to the parties who are
known: notice of this grievance process, including any informal resolution
process; and notice of the allegations of sexual harassment as defined in this
policy, including sufficient details known at the time and with sufficient time
to prepare a response before any initial interview.
(b) If, in the course of an investigation,
the university decides to investigate allegations about the complainant or
respondent that are not included in the notice provided, the university shall
provide notice of the additional allegations to the parties whose identities
are known.
(c) Notice to the
university staff listed in this paragraph, of sexual harassment or allegation
of sexual harassment, constitutes actual notice to the university and triggers
the university's obligation to respond.
(i)
Title IX coordinator and deputy Title IX coordinators.
(ii)
Executive
director of equal opportunity , policy development and Title
IX.
(iii) Vice presidents and
associate vice presidents.
(iv)
Academic deans and chairpersons.
(v) Supervisors/managers.
(vi) Coaches and assistant coaches.
(5) Consolidation of
formal complaints. The university may consolidate formal complaints as to
allegations of sexual harassment against more than one respondent, or by more
than one complainant against one or more respondents, or by one party against
the other party, where the allegations of sexual harassment arise out of the
same facts or circumstances. Where a grievance process involves more than one
complainant or more than one respondent, references in this policy to the
singular "party," "complainant," or "respondent" include the plural, as
applicable.
(6) Dismissal of formal
complaint. The Title IX coordinator shall dismiss formal complaints that do not
meet the following criteria.
(a) Mandatory
dismissal.
(i) Would not constitute sexual
harassment as defined in this policy, even if proved.
(ii) The alleged sexual harassment did not
occur in the university's education program or activity.
(iii) The alleged conduct did not occur in
the United States.
(b)
Discretionary dismissal.
(i) Complainant
notifies the Title IX coordinator in writing that they would like to withdraw
the formal complaint.
(ii) The
respondent is no longer enrolled or employed by the university.
(iii) Specific circumstances prevent the
university from gathering sufficient evidence.
(c) The dismissal of a formal complaint shall
be done simultaneously and in writing to the parties.
(d) A dismissal of a formal complaint may be
appealed pursuant to paragraph (F) of this rule.
(e) A formal complaint which is dismissed
pursuant to this policy may be considered under a different university policy,
such as 3356-2-03, "Discrimination/harassment," rule
3356-2-03 of the Administrative
Code or 3356-7-04, "Workplace and
off-campus violence, threats, and disruptive behavior," rule
3356-7-04 of the Administrative
Code or under the student code of conduct.
(7) Informal resolution. At any time prior to
reaching a determination regarding responsibility, the university may
facilitate an informal resolution process, such as mediation, that does not
involve a full investigation and adjudication.
(a) Both parties' voluntary, written consent
to the informal resolution process is necessary. At any time prior to agreeing
to a resolution, any party has the right to withdraw from the informal
resolution process and resume the grievance process with respect to the formal
complaint.
(b) Informal resolution
is not an option for resolving allegations that an employee or faculty member
sexually harassed a student.
(8) Investigation. The Title IX coordinator
or designee is responsible for investigating formal complaints which meet the
criteria of this policy.
(a) The burden of
proof and the burden of gathering evidence sufficient to reach a determination
regarding responsibility rest on the investigator and not on the
parties.
(b) The respondent is not
considered responsible for the alleged conduct until a determination regarding
responsibility is made at the conclusion of the grievance process.
(c) The university shall not access,
consider, disclose, or otherwise use a party's records that are made or
maintained by a physician, psychiatrist, psychologist, or other recognized
professional or paraprofessional acting in the professional's or
paraprofessional's capacity or assisting in that capacity, and which are made
and maintained in connection with the provision of treatment to the party,
unless the university obtains that party's voluntary, written consent to do so
for a grievance process under this paragraph, or as permitted by law.
(d) The parties shall have an equal
opportunity to present witnesses, including fact and expert witnesses, and
other inculpatory and exculpatory evidence during the course of the
investigation. All parties are free to discuss the allegations under
investigation or to gather and present relevant evidence.
(e) All parties shall have the same
opportunities to have others present during any grievance proceeding, including
the opportunity to be accompanied to any related meeting or proceeding by the
advisor of their choice including an attorney. However, the advisor may not
speak during any interview or proceedings, with the exception of the
cross-examination portion of any hearing.
(f) Any party whose participation is invited
or expected shall receive written notice of the date, time, location,
participants, and purpose of all hearings, investigative interviews, or other
meetings with sufficient time for the party to prepare to
participate.
(g) Both parties shall
receive an equal opportunity to inspect and review any evidence obtained as
part of the investigation that is directly related to the allegations raised in
a formal complaint so that each party can meaningfully respond to the evidence
prior to conclusion of the investigation.
(h) Prior to completion of the investigative
report, the investigator shall send to each party and the party's advisor, if
any, the evidence subject to inspection and review in an electronic format or a
hard copy, and the parties shall have ten calendar days to submit a written
response, which the investigator will consider prior to completion of the
investigative report.
(i) The
investigator shall make all evidence subject to the parties' inspection and
review available at any hearing to give each party equal opportunity to refer
to such evidence during the hearing, including for purposes of
cross-examination.
(j) The
investigator shall create an investigative report that fairly summarizes
relevant evidence and shall provide a copy, in electronic or hard copy format,
to the parties and their advisors at least ten calendar days prior to any
hearing.
(9) Hearings.
Formal complaints that are not resolved informally or dismissed will result in
a live hearing.
(a) The hearing will be
scheduled by the office of student conduct and will be held before a Title IX
decision-maker. Where the complainant and respondent are both employees and/or
faculty members, the Title IX coordinator will convene the hearing.
(b) Live hearings may be conducted with all
parties physically present in the same geographic location, or participants may
appear at the live hearing virtually, with technology enabling participants
simultaneously to see and hear each other.
(c) The decision-maker shall permit each
party's advisor to ask the other party and any witnesses all relevant questions
and follow-up questions, including those challenging credibility. Such
crossexamination at the live hearing shall be conducted directly, orally, and
in real time by the party's advisor of choice and never by a party
personally.
(d) At the request of
either party, the hearing may occur with the parties located in separate rooms
with technology enabling the decision-maker(s) and parties to simultaneously
see and hear the party or the witness answering questions.
(e) Only relevant cross-examination and other
questions may be asked of a party or witness. Before a complainant, respondent,
or witness answers a cross-examination or other question, the decision-maker
shall first determine whether the question is relevant and explain any decision
to exclude a question as not relevant. Parties may not challenge the relevancy
determination of the decision-maker, except on appeal.
(f) Questions and evidence about the
complainant's sexual predisposition or prior sexual behavior are not relevant,
unless such questions and evidence are offered to prove that someone other than
the respondent committed the conduct alleged by the complainant, or if the
questions and evidence concern specific incidents of the complainant's prior
sexual behavior with respect to the respondent and are offered to prove
consent.
(g) If a party does not
have an advisor present at the live hearing, the university shall provide
without fee or charge to that party an advisor of the university's choice to
conduct cross-examination on behalf of that party.
(h) If a party or witness does not submit to
cross-examination at the live hearing, the decision-maker(s) shall not rely on
any statement of that party or witness in reaching a determination regarding
responsibility; provided, however, that the decision-maker cannot draw an
inference about the determination regarding responsibility based solely on a
party's or witness's absence from the live hearing or refusal to answer
cross-examination or other questions.
(i) Credibility determinations shall not be
based on a person's status as a complainant, respondent, or witness.
(j) Parties are not required to divulge any
medical, psychological, or similar privileged records as part of the hearing
process.
(k) The hearing convener
shall create an audio recording for a live hearing and an audiovisual recording
for a virtual live hearing. Such recording will be available to the parties for
inspection and review upon written request to the convener.
(10) Findings.
(a) The hearing decision-maker shall issue a
written determination simultaneously to the parties regarding
responsibility/policy violation(s) and sanctions/discipline when
responsibility/policy violation is found to have occurred. To reach this
determination, the preponderance of the evidence standard (whether it is more
likely than not that the alleged conduct occurred) will be used.
(b) The determination regarding
responsibility and sanction(s)/discipline becomes final either on the date that
the university provides the parties with the written determination of the
result of the appeal, if an appeal is filed; or if an appeal is not filed, the
date on which an appeal would no longer be considered timely.
(c) The written determination shall include:
(i) Identification of the allegations
potentially constituting sexual harassment.
(ii) A description of the procedural steps
which were followed starting with the formal complaint and continuing through
determination.
(iii) The finding of
facts that support the determination.
(iv) A conclusion applying the appropriate
definition of the university's policy to the facts.
(v) A rationale for the result of each
allegation regarding the determination of responsibility.
(vi) For respondents who are students, the
hearing decisionmaker shall consult with the vice president of student
experience or their designee regarding sanctions. For respondents who are
employees or faculty members, the hearing decision-maker shall consult with the
chief human resources officer or their designee regarding discipline.
(vii) Information regarding whether remedies
designed to restore or preserve equal access to the university's education
program or activity will be provided to the complainant. The Title IX
coordinator is responsible for effective implementation of any
remedies.
(viii) The procedures and
bases for the complainant and respondent to appeal the determination.
(11)
Sanctions/discipline.
(a) Students.
(i) Possible sanctions for student
respondents: warning, conduct probation with or without loss of good-standing,
restitution, educational sanctions, residential suspension, university
suspension, residential expulsion, university expulsion, revocation of
admission and/or degree, withholding degree, and fines.
(ii) "Serious misconduct" is defined as any
act of sexual assault, domestic violence, dating violence, stalking, sexual
exploitation, or any assault that employs the use of a deadly weapon, as
defined in division (A) of section
2923.11 of the Revised Code, or
causes serious bodily injury. Students found responsible for violations of the
serious misconduct policy will face, at minimum, a sanction of conduct
probation with loss of good-standing for one calendar year, preventing the
student from participating in any extracurricular function, including
athletics, student organizations, and student employment. After one year,
students may petition the dean of students for permission to participate in
extracurricular activities and employment.
Students returning from a sanction of suspension will
automatically be placed on conduct probation with loss of good-standing for one
calendar year, preventing the student from participating in any extracurricular
functions, including athletics, student organizations, and student employment.
After one year, students may petition the dean of students for permission to
participate in extracurricular activities and employment.
(b) Possible sanctions/discipline
for employee or faculty respondents: employment probation, demotion or
reassignment, suspension with or without pay for a specific period of time,
termination of employment, ineligibility for rehire, and/or other sanctions or
remedies as deemed appropriate under the circumstances.
(F) The appeal process.
(1) Filing an appeal.
(a) Appeals are not a re-hearing of the
allegation(s).
(b) Only a
complainant or respondent (referred to as party or parties) may request an
appeal.
(c) An appeal must be
submitted in writing to the Title IX coordinator within five working days from
receipt of a decision using the Title IX appeal request form and include all
supporting material.
(d) A party
may appeal the determination regarding responsibility, sanctions/discipline,
and/or the university's dismissal of a formal complaint or any allegations
therein.
(e) There are four grounds
for appeal:
(i) Procedural irregularity that
significantly impacted the outcome of the matter (for example material
deviation from established procedures). The appeal request must cite specific
procedures and how they were in error; and/or
(ii) New evidence that was not reasonably
available at the time the original decision was made that could have affected
the outcome. A summary of this new evidence and its potential impact must be
included in the request. (Note: Failure to participate or provide information
during an investigation or hearing, even based on concern over a pending
criminal or civil proceeding, does not make information unavailable during the
original investigation or hearing); and/or
(iii) The Title IX coordinator,
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. The appeal must cite
specific examples of how the bias affected the outcome.
(iv) The discipline/sanction(s) imposed are
substantially outside the parameters or guidelines set by the university for
this type of violation or the cumulative conduct record of the responding
party.
(2)
Title IX appellate review officer (hereinafter referred to appellate review
officer). Upon receipt of a request for appeal, the Title IX coordinator will
designate a Title IX appellate review officer as follows:
(a) Appeals where the respondent is a
student, the appellate review officer will be
either the vice president for student affairs or their designee or a deputy
Title IX coordinator who did not participate in the investigation or
hearing.
(b) Appeals where the
respondent is a faculty member or employee, the appellate
review officer will be either the chief human
resources officer or their designee or a deputy Title IX coordinator who did
not participate in the investigation or hearing.
(c) The appellate review officer cannot be the investigator, Title IX
coordinator, or the person who acted as the decision-maker regarding the
determination of responsibility/policy violation, or dismissal.
(3) Appeal procedures:
(a) Generally, within five business days
after receipt of the request for appeal by the appellate review officer, the
appellate review officer will conduct an initial review of the appeal
request(s) to determine whether the appeal is timely and satisfies the grounds
for appeal.
(b) If the appeal
request is not timely or does not satisfy the grounds for appeal, the appeal
request will be denied, the parties will be notified, and the finding and
sanction or responsive action/remedies will stand. The decision not to accept
an appeal request is final and is not subject to further appeal.
(c) If the appeal request is timely and meets
the ground for appeal, the Title IX coordinator will notify the parties that
the appeal has been accepted and will notify the non-appealing party that they
may file a response within three business days from notification.
(d) The appellate review officer will then
review the issues presented in the appeal and any response(s).
(e) The standard on appeal is whether there
is relevant evidence/information such that a reasonable person would support
the decision(s).
(f) The appellate
review officer can take one of the following actions:
(i) Affirm the original findings;
(ii) Remand the case to the original
investigators or hearing panel for consideration of new evidence or to remedy a
procedural irregularity;
(iii)
Remand the case to a new investigator in a case of bias. The appellate review
officer, may order a new investigation with a new investigator or hearing
panel; or
(iv) Administratively
alter the finding if bias, procedural irregularity, or new evidence, unknown or
unavailable during the original investigation, substantially affected the
original finding and the associated sanctions or responsive action.
(g) Decisions rendered by the
appellate review officer or actions taken following the decisions appellate
review officer's decision are final and not subject to further
appeal.
(h) Cases that are sent
back to the investigator or hearing panel are not eligible for a second
appeal.
(G)
When a minor is involved. When a report or formal complaint involves a student
who has not yet reached the age of eighteen:
(1) The Title IX coordinator will complete a
safety assessment to provide an environment free of harm and to identify the
student's legal guardian.
(2) The
Title IX coordinator or deputy Title IX
coordinator advises the minor student of the responsibility of university staff
to report child abuse as outlined in section
2151.421 of the Revised
Code.
(3) The Title IX coordinator
or deputy Title IX coordinator works directly with the guardian in reviewing
the university's sexual harassment policy and protocols, on and off campus
resources available to the student, and seeking permission to investigate the
report or formal complaint.
(4) The
student and guardian are advised of the university's student records and
privacy practices available at
the university's FERPA website and specifically
that the student's records and ability to make decisions transition to the
student when they turn eighteen.
(5) The student and guardian are advised that
the "Compass Family and Community Services Rape Crisis and Counseling Center of
Mahoning County" provides confidential and anonymous support for clients,
including those who are not yet eighteen.
(H) Retaliation prohibited. No person may
intimidate, threaten, coerce, or discriminate against any individual because
the individual has made a report or complaint, testified, assisted, or
participated or refused to participate in any manner in an investigation,
proceeding, or hearing under this policy. Complaints alleging retaliation may
be filed according to the grievance procedures in this policy.
(J)
Supportive measures. Non-disciplinary, non-punitive individualized services
offered as appropriate, as reasonably available, and without fee or charge to
the complainant or the respondent before or after the filing of a formal
complaint or where no formal complaint has been filed. Such measures are
designed to restore or preserve equal access to the university's education
program or activity without unreasonably burdening the other party, including
measures designed to protect the safety of all parties or the university's
educational environment, or deter sexual harassment. Supportive measures may
include counseling, extensions of deadlines or other course-related
adjustments, modifications of work or class schedules, campus escort services,
mutual restrictions on contact between the parties, changes in work or housing
locations, leaves of absence, increased security and monitoring of certain
areas of the campus, and other similar measures.
(L) Nonconfidential reporting and
recordkeeping.
(1) Ohio law requires those not
in a legally protected role with knowledge of a felony to report it to law
enforcement. University personnel, including the Title IX coordinator, deputy
Title IX coordinators, resident assistants and office of residence life and
housing professional staff, are required to notify the university police
department of any report of sexual harassment including interpersonal
violence.
(2) Conduct reported to
the university police that may be a Title IX violation will be reported to the
Title IX coordinator. A report to the university police or other law
enforcement agency does not require the pursuit of criminal charges. Neither
the complainant nor the respondent is under any obligation to speak with the
law enforcement authorities, even when the conduct is reported to
them.
(M) Conflict of
interest. The Title IX coordinator, any investigator, decision-maker, or any
person facilitating a process under this policy shall not have a conflict of
interest or bias for or against complainants or respondents generally or an
individual complainant or respondent specifically.
(N) Miscellaneous
(1) Training. Investigations and hearings are
designed to provide a prompt, fair, and impartial resolution regarding an
alleged violation of this policy disciplinary matter. All Title IX
coordinators, investigators, decisionmakers, advisors and appellate review
officers, and any person who facilitates an informal resolution process are
trained using appropriate materials that will not rely on sex stereotypes and
will promote impartial, unbiased investigations and adjudications of complaints
of Title IX sexual harassment.
(2)
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 harassment. 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. Title IX website. For more
information on Title IX and sexual misconduct, please see the university's
Title IX website.
(3) 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.