The university is committed to maintaining a safe, nondiscriminatory environment in which students and employees of the university can work, learn, and participate in activities free from sexual harassment. Title IX of the education amendments of 1972 and its associated regulations prohibit discrimination on the basis of sex in any education program or activity receiving federal funds. The conduct outlined in this rule, committed against any students or employees of the university, are prohibited conduct under federal law.
This rule applies to acts committed by students, employees, or visitors/vendors of the university regardless of gender identity or expression or sexual orientation. This rule defines prohibited conduct as it relates to sexual harassment under Title IX of the education amendments of 1972. Students and employees of the university may be victims of sexual harassment by individuals unaffiliated with the university. For the purposes of this rule, employees are full or part time faculty or staff members; students are those who are enrolled in one or more programs at the university; and visitors are those who are not obtaining a degree, attending classes, or directly employed by the university. Student employees are considered students for the purposes of this rule.
Formal complaints of sexual harassment filed by a complainant or signed by the Title IX coordinator will be resolved in accordance with the university's Title IX grievance procedures set forth in this rule. The Title IX grievance procedures have been developed to provide an equitable process for determining whether a violation of this rule has occurred, as well as to remediate the effects, and prevent the occurrence of, prohibited conduct in violation of this rule.
If a party or witness does not submit to cross-examination at the live hearing, a decision-maker may consider any statements made by that party or witness when reaching a determination regarding responsibility, so long as the statements are otherwise permitted under Title IX regulations.
Sanctions may only be imposed as the result of disciplinary proceedings and may not be imposed prior to informal resolution or a finding of responsibility at the conclusion of the formal process. Possible sanctions include:
The university may place a non-student employee respondent on administrative leave while a grievance process is pending.
Ohio Admin. Code 3349-10-75
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 3350.12
Prior Effective Dates: 02/15/2019, 10/26/2019, 10/26/2020