2017 Undergraduate Catalog > University Policies > Title IX Investigations

Title IX Investigations

Regulatory Responsibility

Title IX of the Education Amendments of 1972 (Title IX) is a Federal civil rights law that prohibits discrimination on the basis of sex in education programs and activities. All public and private educational institutions that receive any federal funds must comply with the requirements of Title IX.

Among other provisions, Title IX also protects students and employees from sexual harassment and violence connected to any of the academic, educational, extracurricular, athletic and other programs or activities of schools, regardless of the location. Title IX protects both male and female students and employees from sexual harassment by any school employee, another student or a non-employee third party.

All University Policies can be found under the University Policies and Student Rights and Responsibilities sections under the Student Affairs webpage. Additionally, employees can find employee policies on the UF intranet. Policies are disseminated to students and employees through access to the University website.

Policy

The following policy is intended to codify The University of Findlay’s responsibilities, actions and protocols when investigating sexual harassment, sexual assault, domestic violence, dating violence, and stalking (SADVDVS) as required by Title IX. Other Title IX policies/procedures fall under the authority of the UF Office of Athletics and are managed by the Title IX Coordinator found in that Office.

The University of Findlay (UF) has developed a comprehensive Non-Discrimination, Anti-Harassment and Hostile Campus Environment Policy that can be found in the Employee Handbook and the UF Policy Web Page.

Scope

All investigations into student-on-student harassment and sexual violence will be investigated under the Title IX and Clery Act Policies established by the University. Investigations into situations involving employees and students of the University will be conducted in cooperation with Human Resources. Investigations into situations involving only employees will be conducted by Human Resources.

 

Recognizing Sexual Harassment and Violence

The U.S. Department of Education defines sexual harassment as conduct that is sexual in nature, is unwelcome and denies or limits an individual’s ability to participate in or benefit from a school’s programs. Sexual harassment includes conduct which is criminal in nature, such as rape, sexual assault, dating violence and sexually motivated stalking.

The University of Findlay has further defined harassment as unwelcome or unwanted conduct of an offensive nature (whether verbal, visual or physical) when: (i) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or academic status; (ii) submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting such individual; or (iii) such conduct has the purpose or effect of unreasonably interfering with an individual’s enjoyment of the University’s environment or work or academic performance or creating an intimidating, hostile or offensive working or learning environment.

The University of Findlay has also defined Consent, Dating Violence, Domestic Violence, Stalking and Sexual Harassment. Those definitions (also found in the institution’s Clery Act Policy) are as follows:

Consent: A knowing, voluntary, and affirmatively communicated willingness to participate in a particular sexual activity or behavior. It must be given by a person with the ability and capacity to exercise free will and make a rational, reasonable judgment. Consent may be expressed either by words or actions, as long as those words or actions create a mutually understandable permission regarding the conditions of sexual activity. It is the responsibility of the person who wants to engage in sexual activity to ensure that he/she has the consent of the other to engage in the activity.

 

Additional considerations include:

• Lack of protest or resistance is not consent. Nor may silence, in and of itself, be interpreted as consent. For that reason, solely relying on non-verbal communication can lead to misunderstanding.
• Previous relationships, including past sexual relationships, do not imply consent to future sexual acts.
• Consent to one form of sexual activity cannot automatically imply consent to other forms of sexual activity.
• To give consent, one must be of legal age.
• Consent must be present throughout sexual activity and may be withdrawn at any time. If there is confusion as to whether there is consent or whether prior consent has been withdrawn, it is essential that the participants stop the activity until the confusion is resolved.
• Consent cannot be obtained by the use of physical force, threats, intimidating behavior or coercion. Coercion is unreasonable pressure for sexual activity. Coercive behavior differs from seductive behavior based on the type of pressure used. When someone makes clear that he/she does not want sex or wants to stop, that he/she does not want to do certain things or that he/she does not want to go beyond a certain point, continued pressure can be coercive.
• If you have sexual activity with someone you know, or should know, is incapacitated, you are in violation of this policy. The relevant standard is whether a sober, reasonable person in the same position should have known that the other party was incapacitated and therefore unable to consent. Incapacitated, for the purposes of this policy, means that the person’s decision-making ability is impaired. Incapacitation may result from:
  • Sleep or unconsciousness
  • Temporary or permanent mental or physical disability
  • Involuntary physical restraint
  • The influence of alcohol, drugs or medication, including Rohypnol, Ketamine, GHB, and other substances used to facilitate “date-rape” or “sexual misconduct”.

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 by the victim with consideration of the length and type of relationship, and the frequency of interaction between the involved persons. Dating violence includes sexual or physical abuse or the threat of such abuse.

 

Domestic Violence: A pattern of abusive behaviors that are used to gain or maintain power and control over an intimate partner. These relationships can include:

• A current or former spouse or intimate partner of the victim;
• A person with whom the victim shares a child in common;
• A person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner;
• A person similarly situated to a spouse of the victim under the domestic or family violence laws of the State of Ohio;
• By any other person against an adult or youth victim who is protected from that person’s acts under the family violence laws of the State of Ohio.

 

Hate Crime: A crime reported to local police agencies or to a campus security authority that manifests evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim. The categories of bias include the victim’s actual or perceived race, religion, gender, gender identity, sexual orientation, ethnicity, national origin, and disability.

 

Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others, or suffer substantial emotional distress. This course of conduct is defined as two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about, a person, or interferes with a person’s property.

 

Sexual Assault: Any sexual act directed against another person without the consent of the victim, including instances where the victim is incapable of giving consent.

Title IX Coordinator

Rachel Walter, Assistant Dean of Students, is responsible for coordinating the University’s compliance with Title IX and serves as the institution’s Title IX Coordinator. She can be contacted at:

• 419-434-4555
• walterr@findlay.edu

 

The Title IX Coordinator conducts activities appropriate to assure The University of Findlay’s compliance with Title IX.

Matt Bruskotter, the Assistant Dean for Campus Safety and Emergency Management is responsible for leading investigations and coordinating investigation activities with the Title IX Coordinator and serves as the institution’s Title IX Investigator. He can be contacted at:

• 419-434-5599
• bruskotter@findlay.edu

 

Privacy and Confidentiality

The University of Findlay recognizes that sexual assault, domestic violence, dating violence, and stalking are sensitive subjects for all parties involved. The University is committed to maintaining the privacy of the parties involved to the fullest extent possible under applicable law. There may be instances when the institution determines it needs to investigate and take reasonable action even when the victim requests anonymity or that no action be taken. Thus, absolute confidentiality cannot be guaranteed.

 

In such cases, the University will take all reasonable steps to investigate and respond to the complaint consistent with the victim’s requests, and when it cannot do so, will keep the victim informed, as deemed appropriate. In all cases, the University will take care to protect the identities of the parties by discussing the allegations only with those who have a legitimate administrative or legal reason to know.

 

Accommodations or protective measures provided to the victim will be kept confidential to the extent that maintaining confidentiality will not impair the ability of the University to provide such assistance.

 

Public records of sexual assault, domestic violence, dating violence, and stalking will be kept without disclosing the victim’s identity unless precluded by federal or state law.

 

If a report discloses an immediate threat to the campus community, the University may issue a Timely Warning of the conduct in the interest of the safety and well-being of the campus community. This warning will not contain any personally identifying information related to a victim.

 

The University will not disclose information about sexual assault, domestic violence, dating violence, or stalking to third parties except as may be required or permitted by federal or state law.

 

Standard of Proof

The University of Findlay is committed to providing a prompt, fair and impartial investigation and resolution to all alleged incidents of discrimination prohibited by Title IX. Investigations and disciplinary decisions will be conducted by applying a preponderance of the evidence standard. This means that investigators will use their best judgment to determine whether, more likely than not, a violation of the Title IX Policy has occurred.

Responsibilities

The University of Findlay: has a responsibility to respond promptly and effectively to reports of sexual harassment or violence. Additionally, UF must also respond if the institution knows or reasonably should know about sexual harassment or violence and take immediate action to eliminate the behavior, prevent its recurrence and address its effects. UF must conduct a prompt, impartial and thorough investigation and take appropriate steps to resolve the situation.

The University of Findlay will take all reasonable actions to maintain the confidentiality of the victim of sexual harassment or violence. However, if a victim insists their name not be disclosed to the harasser, UF’s ability to respond may be limited.

UF will always act to ensure the safety and well-being of the victim, however, the institution also has a responsibility to provide a safe and non-discriminatory environment for all students and employees. Thus, UF must consider the seriousness of the alleged harassment, any reported previous behavior or patterns of behavior observed or the age of the victim against the confidentiality request of an individual victim. UF will also abide by all federal, state, and local laws that may require the institution to report incidents to local law enforcement.

Faculty and Staff: All employees must encourage victims of sexual harassment, sexual violence or sexual discrimination to report the incident(s) to any of the offices or individuals identified in Section 9 of this policy. Employees with information regarding sexual harassment, sexual violence or sexual discrimination must report the incident(s) in the same manner. Employees who are approached by victims must inform them that they cannot personally promise confidentiality. Additionally, employees should inform victims before relating details of the incident(s) that the victim should report the incident(s) and that if the victim relates the details of the harassment, the employee may be in a position where they must report the incident(s).

Counselors, clergy and health service providers are exempted from the mandatory reporting policy to maintain professional standards and effectively continue to provide services to the campus community. This includes the Cosiano Health Center, Counseling Services, and Pastoral Counselors at the College First Church of God.

Students: The University of Findlay encourages all students who are victims, witnesses, or have knowledge of sexual harassment, violence or discrimination to promptly report the incident(s) as identified above.

Reporting and Resources

The University of Findlay encourages any member of the campus community who has witnessed or experienced dating violence, domestic violence, sexual assault or stalking or who knows of a member of the campus community who has experienced any of these incidents to report the incident to the University.

 

The University will provide disciplinary amnesty to students who report an incident (as a victim or third party witness) or participate in good faith as a witness during an investigation. Amnesty will also be provided to those individuals a witness may identify who may have information relevant to the investigation but did not cause/participate in the violations covered by this policy. Amnesty will not be provided to those individuals whose actions/violations caused harm to another person or participated or facilitated in any way, violations covered by this policy.

 

Incidents can be reported by:

 

• Students can report incidents in confidence to the Cosiano Health Center at 419-434-4550 or in person at the Health Center at 120 West Foulke Ave.
• Students can report incidents in confidence to the Counseling Services Office by contacting a Counselor at 419-434-4526.
• Students can report in confidence to Campus Ministry by contacting a Campus Minister at 419-434-4605 or in person in room 220C at The College First Church of God.
• Contacting the Campus Safety Office at 419-434-4799 or by visiting the office in person on the first floor of Lovett Hall.
• Anonymous reporting can be made via the Silent Victim/Witness Report link on the Campus Safety webpage by clicking here.
• Contacting the Title IX Investigator at 419-434-5599 or in person in the office in the basement of Old Main Room 24.
• Contacting the Title IX Coordinator at 419-434-4555 or in person in the Student Affairs office on the first floor of Old Main.
• Students can also report incidents at The Office of Student Affairs at 419-434-4570 or in person in the office on the first floor of Old Main.
• Student Athletes can also report to the Associate Athletic Director for Student Welfare at 419-434-4651 or in person in the office at 211 Koehler Fitness and Recreation Complex.
• Employees may also report to the Office of Human Resources at 419-434-6964 or in person at the office on the 2nd Floor, Croy Physical Education Center.

 

Victims are not required to notify law enforcement, however they do have the right to file a complaint with the University and local law enforcement simultaneously.

 

However, reporting to any office other than Counseling Services, the Health Center, or Campus Ministry will initiate an internal investigation by the University to determine any appropriate action that should be taken as a result of the report.

 

Only the Offices of Counseling Services, Health Services and Campus Ministry can offer victims total confidentiality. These Offices will provide any and all necessary support to victims without the requirement to report to other University Offices or law enforcement.

 

Victims who report to any of the above listed offices will be provided with information about support services and resources available on and off campus and will receive assistance in notifying law enforcement if the survivor chooses to do so. Reporting an incident to one of the above offices does not commit the victim to further legal action. However, the earlier an incident is reported, the easier it will be for police to investigate, if the victim decides to proceed with criminal charges.

 

The Director of Human Resources, Title IX Coordinator, Title IX Investigator and/or their designees are the only members of the University community who are authorized to act upon, investigate, and recommend sanction or discipline for violations of this policy. These individuals in addition to the Vice President for Student Affairs are responsible for evaluating requests of confidentiality.

Retaliation

The University will not in any way retaliate or permit retaliation against any individual who makes a good faith report of harassment or who assists or cooperates in a harassment investigation. Retaliation is a serious violation of this policy and should be reported immediately. Any person found to have violated this policy by retaliating against another individual for making a report of harassment or for assisting or cooperating in the investigation thereof will be subject to the same disciplinary action provided for harassment offenders.

 

 

Resources

 

The University of Findlay, City of Findlay and Hancock County, offer important resources that victims of sexual assault, domestic violence, dating violence and stalking may wish to utilize. The University of Findlay will provide written notification of these resources to victims of abuse and violence. Resources such as medical treatment, counseling, advocacy and law enforcement are all available to victims of these incidents.

 

A victim need not formally report an incident of sexual assault, domestic violence, dating violence or stalking to law enforcement or campus police/security to access the following resources.

 

The University of Findlay Offices:

 

Counseling Services, 307 Frazer Street, (419)-434-4526

• Professional, confidential counseling, advocacy, guidance, and assistance in understanding options, rights, and outcomes.

 

Cosiano Health Center, 120 West Foulke, 419-434-4550

• Sexual Assault Examinations, medical treatment, specialist referrals, advocacy, guidance, and assistance in understanding options, rights, and outcomes.

 

Campus Police/Security Office, 201 Frazer Street, 419-434-4799

• Security, assistance in notifying law enforcement, guidance, and assistance in understanding options, rights, and outcomes. 

 

Title IX Coordinator, Student Affairs, first floor Old Main, 419-434-4555

•      Investigation of claims, assistance in making changes to academic, working, transportation, or living situation, advocacy, assistance in notifying law enforcement, guidance, and assistance in understanding options, rights, and outcomes.

 

Title IX Investigator, Old Main 24, 419-434-5599

• Security, investigation of claims, assistance in making changes to academic, working, transportation or living situation, advocacy, assistance in notifying law enforcement, guidance, and assistance in understanding options, rights, and outcomes.

 

Student Affairs, Old Main First Floor, 419-434-4570

• Guidance, advocacy, and assistance in understanding options, rights, and outcomes. Assistance in making changes to academic, working, transportation, or living situation, investigation of claims, and assistance in notifying law enforcement.

 

Human Resources, Croy Gymnasium 2^nd Floor, 419-434-6964

• Guidance, advocacy, and assistance in understanding options, rights, and outcomes. Assistance in making changes to academic, working, transportation, or living situation, investigation of claims and assistance in notifying law enforcement.

 

International Admissions, 1214 North Cory Street, 419-434-4558

• Visa and immigration assistance. Translators, assistance in contacting available resources.

 

Financial Aid, Old Main First Floor Room 116, 419-434-4791, 419-434-4792

• Financial aid information and assistance.

                                                    

Off-Campus Resources:

 

Open Arms Domestic Violence and Rape Crisis Services, 401 W. Sandusky Street, Findlay, Ohio 419-422-4766 www.openarmsfindlay.org

• Emergency shelter, rape crisis, outreach, advocacy, and support. Assistance in contacting other resources including medical care, legal services, support groups, and counseling.

 

Domestic Relations Court, Common Pleas Courthouse, 419-424-7818

• Civil Protection Orders, Stalking Orders and Sexually Oriented Offense Orders.

 

City of Findlay Police Department, Findlay Municipal Building, 419-424-7150

• Security, investigation, police reports, protection orders.

 

Hancock County Sheriff, 200 West Crawford Street, Findlay, Ohio 419-424-7097

• Security, investigation, police reports.

 

Blanchard Valley Hospital Emergency Room, 1900 South Main Street, Findlay, Ohio 419-423-5207

 

City of Findlay Health Department, Municipal Building, 419-424-7105

 

Hancock County Health Department, 209 West Main Cross Street, Findlay, Ohio 419-424-7869

 

National Domestic Violence Hotline, 1-800-799-7233

 

National Sexual Assault Hotline, 1-800-656-4673

 

Ohio Domestic Violence Network, 1-800-934-9840, www.odvn.org

 

Ohio Legal Services, http://www.ohiolegalservices.org/public/domestic-violence/ohio_domestic_violence_resource_center/.

 

Ohio Alliance to End Sexual Violence, www.oaesv.org, 1-888-886-8388

 

Rape Abuse and Incest National Network, 1-800-656-4613, www.rainn.org

 

Investigation and Decision Process

 

The University of Findlay has a responsibility to respond promptly and effectively to reports of sexual assault, domestic violence, dating violence, and stalking. When a report that one of these crimes has occurred, the University will make every effort to ensure the safety and well-being of the victim(s) and ensure they understand their rights and options.

 

The University will assist any victim who requests assistance in notifying law enforcement to take criminal action against the accused. Additionally, the University will conduct a prompt, impartial, and thorough investigation and take intermediate and final steps to resolve the situation. Investigations will be carried out by personnel who receive annual training on issues related to domestic violence, dating violence, sexual assault, and stalking. Additionally, the University personnel involved in investigations will not have a conflict of interest or bias for or against the victim or accused.

 

The University will take all reasonable actions to maintain the confidentiality of all parties during the investigation. However, if a victim insists their name not be disclosed to the accused, the institution’s ability to respond may be limited.

 

At the beginning of any investigation the University will take any and all reasonable initial remedies for victims to protect them from future abuse, violence or retaliation during the investigation. These measures may include schedule changes, housing changes, transportation assistance, and any other reasonable measure it is within the power of the University to take.

 

The Office of Civil Rights has established a 30 to 60 day time frame from notice to resolution for these cases. All UF investigations will abide by this timeframe. However, the University may delay an institutional investigation for several days to allow for the collection of evidence by law enforcement officers or other extreme circumstances and resume the investigation upon conclusion of those efforts. Should extreme circumstances result in a delay beyond this point, the delay will be documented and UF will continue to engage in all efforts to provide remedial support and assistance to the victim and community during the delay.

 

Investigations will continue regardless of civil or criminal action in the courts. The University will not delay internal investigations regardless of law enforcement investigations or court actions.

 

All investigations will be conducted in a fair and impartial manner. Investigations and disciplinary decisions will be conducted by applying a preponderance of the evidence standard. This means that investigators will use their best judgment to determine whether, more likely than not, a crime has been committed.

 

Both the victim and the accused parties are entitled to the opportunity to be accompanied to interviews or other related meetings by an advisor of their choice. These advisors may not participate in the meetings or interviews but are available to provide support to the individual.

 

Both the victim and the accused parties are entitled to timely and equal access to any information that will be used by University officials during informal and formal investigation and disciplinary meetings. All information provided to the victim and accused related to the investigation is classified as Confidential by the University. This means any Confidential Information provided to either party during the case is for their use and information only and may not be shared with anyone else. Disciplinary action, up to and including dismissal from the University, will be taken against any person who shares information classified as Confidential to a third party.

 

Investigations will be conducted by an investigative team comprised of trained University personnel. These teams will be led by the Title IX Investigator, the Title IX Coordinator, or their designee. The investigative team will:

 

• Conduct interviews of the victim, the accused, and relevant witnesses or other individuals who may have information pertinent to the investigation (as determined by the investigative team).
  • Victims and accused individuals will be offered the opportunity during their interviews to present evidence and identify witnesses to support their case.
• Implement interim mitigation measures to prevent contact and continued harassment/sexual violence during the investigation.
• Review student records, Security Office records, and any other relevant documentation, evidence, or material as appropriate.
• Meet regularly as a team to review all evidence and statements collected throughout the investigation and once all evidence has been gathered to determine the outcome of the case.
• Generate a written Statement of Evidence that explains the evidence the investigative team believes to be true based on a preponderance of the evidence standard.
• Provide the victim(s) and accused individual(s) 24 hours to review the Statement of Evidence. Upon completion of their review, they may schedule a final interview (within 3 days) with the investigative team to rebut any information found in the Statement of Evidence.
• Review any new evidence provided by either party and render a final decision on the case. This final decision will also include any disciplinary action taken by the University against either party in the case.
• Notify both parties simultaneously, in writing, of the outcome of the case.

In cases where an employee is involved, the Title IX Investigator and/or Title IX Coordinator will work in cooperation with Human Resources to conduct the investigation. These cases will be conducted in the same manner as that prescribed for “student on student” cases.

 

Student disciplinary actions, while applied fairly and impartially, will be decided on a case-by-case basis and can include violator training, mandatory counseling, community/campus service, revocation of financial aid, housing reassignment, academic schedule changes, no contact orders, no trespass orders, suspension, and/or dismissal from the institution.

 

Employee disciplinary actions, while applied fairly and impartially, will be decided on a case-by-case basis and can include violator training, community/campus service, mandatory counseling, job/duty reassignment, no contact order, no trespass order, suspension and/or termination of employment.

 

Appeals Process

 

All decisions rendered by the investigative team regarding violations of this and other University policies, rules, or regulations are final when rendered.

 

Only final decisions of suspension or dismissal rendered by the investigative team can be appealed. The suspended or dismissed individual must write an Appeal Letter stating their reasoning for the appeal to be considered and the pertinent facts of the case the individual believes should be considered. Appeal letters must be submitted to the Title IX Investigator no later than 72 hours following receipt of the Decision Letter.

 

Upon receipt of the Appeal Letter the Title IX Investigator will submit the letter, along with all evidence gathered during the investigation, to the Vice President for Student Affairs for adjudication. Both the Victim and Accused will be notified of the appeal decision made by the V.P. for Student Affairs simultaneously in writing. Appeal decisions rendered by the V.P. for Student Affairs are final, and are not subject to review by or appeal to any higher authority.