Sexual Harassment Policy

(Formerly TITLE IX, VIOLENCE AGAINST WOMEN AND CAMPUS SAVE POLICY)

Policy approved by Mercy College Board of Trustees, August 2020

Mercy College of Ohio does not discriminate on the basis of sex, gender, or sexual orientation in its educational programs and activities. Mercy College is committed to building and preserving a community in which its members can learn, work, live, and conduct business together free from all forms of sex discrimination, including sexual harassment.

Consistent with the College’s Non-Discrimination Notice and the U.S. Department of Education’s implementing regulations for Title IX of the Education Amendments of 1972 (“Title IX”) (see 34 C.F.R. § 106 et seq.), the College prohibits Sexual Harassment that occurs within its Education Programs and Activities.

As further defined herein, Sexual Harassment includes Quid Pro Quo Sexual Harassment, Hostile Environment Sexual Harassment, Sexual Assault, Domestic Violence, Dating Violence, and Stalking.

This policy applies to Sexual Harassment that occurs within the College’s Education Programs and Activities and that is committed by an administrator, faculty member, staff, student, contractor, guest, or other member of the College community. Other forms of sex discrimination are addressed by the College’s Civil Rights/Nondiscrimination Policy.

This policy does not apply to Sexual Harassment that occurs off-campus, in a private setting, and outside the scope of the College’s Education Programs and Activities; such Sexual Misconduct may be prohibited by the College’s Civil Rights/Nondiscrimination Policy, the Student Code of Conduct if committed by a student, or the Bon Secours Mercy Health Non- Harassment/Non-Discrimination and Corrective Action policies if committed by a faculty member, or a staff or administrative employee.

Consistent with the U.S. Department of Education’s implementing regulations for Title IX, this policy does not apply to Sexual Harassment that occurs outside the geographic boundaries of the United States, even if the Sexual Harassment occurs in the College’s Education Programs and Activities. Sexual Harassment that occurs outside the geographic boundaries of the United States is governed by the College’s Civil Rights/Nondiscrimination Policy, the Student Code of Conduct if committed by a student, or the Bon Secours Mercy Health Non- Harassment/Non-Discrimination and Corrective Action policies if committed by a faculty member, or a staff or administrative employee.

This policy also addresses the requirements of the Campus Sexual Violence Elimination Act, or Campus SAVE Act, a 2013 amendment to the federal Jeanne Clery Act. The SaVE Act addresses sexual violence in the form of sexual assault, as well as the crimes of domestic violence, dating violence, and stalking.

Mercy College of Ohio encourages victims of sexual assault and violence to talk to the Title IX Coordinator, Deputy Title IX Coordinator or counselor at the institution about what happened, so victims can get the support they need.

All Mercy College employees are required to report knowledge of Sexual Harassment to the Title IX Coordinator or Deputy Title IX Coordinator, except employees bound by confidentiality (professional counselors and clergy).

Minors

Students under the age of 18 may enroll full or part-time at Mercy College of Ohio. In addition to having students who are minors enrolled, Mercy College hosts minors as guests and as participants in a variety of programs. In accordance with Mercy College of Ohio Policy 176 -Minors on Campus and as well as Ohio law, any employee who knows or has reasonable cause to suspect that a minor has been subjected to abuse or neglect, may be subjected to abuse or neglect, or faces a threat of abuse or neglect shall immediately make a report to the appropriate officials (please refer to Mercy College Policy 176 for options). In certain instances, mental health professionals, counselors, clergy and law enforcement are imposed to report certain crimes involving minors, and abuse, to appropriate officials as well. Further, all employees must report suspected violations of this policy, whether the Complainant or the Respondent is a minor, to the Title IX Coordinator/Deputy Title IX Coordinator. Clery Act reporting of offenses for statistical purposes occurs whether victims are minors or adults.

Mercy College will notify parents/guardians of minor students/guests/participants of any possible child abuse or neglect, as well as any possible violation of this policy, whether the minor is the Complainant or Respondent.

Title IX Coordinator/Deputy Title IX Coordinator

Title IX Coordinator

The Title IX Coordinator is responsible for the prompt response to reports of Sexual Harassment, as well as training, education, communication, and administration of grievance procedures for handling formal complaints alleging violations of this policy. In the absence of the Title IX Coordinator, the Deputy Title IX Coordinator will assume all responsibility for compliance relative to Title IX.

Deputy Title IX Coordinator

The Deputy Title IX Coordinator is responsible for implementing and monitoring policy compliance at Youngstown. This includes working with the Title IX Coordinator for training, education, communication, and administration of grievance procedures for handling complaints alleging violations of the policy at Youngstown. The Deputy Coordinator is responsible for informing the Title IX Coordinator of alleged violations and procedures to address these violations at Youngstown. In the absence of the Deputy Title IX Coordinator at Youngstown, the Title IX Coordinator will assume all responsibility for compliance relative to Title IX.

Definitions

Complainant

An individual who is alleged to be the victim of conduct that could constitute Sexual Harassment.

Consent

Consent must be informed, voluntary, and mutual, and can be withdrawn at any time. There is no consent where there is force, expressed or implied, or when coercion, intimidation, threats or duress is used. Whether a person has taken advantage of a position of influence over another person may be a factor in determining consent. Silence or absence of resistance does not imply ongoing future consent with that person or consent to that same sexual activity with another person. Past consent does not imply future consent.

If a person is mentally or physically incapacitated or impaired so that such person cannot understand the fact, nature, or extent of the sexual situation, there is no consent; this includes impairment or incapacitation due to alcohol or drug consumption that meets this standard or being asleep or unconscious.

Dating Violence

Dating violence is defined as violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim, and where the existence of such a relationship shall be determined based on a consideration of the following factors:

The length of the relationship,
The type of relationship, and
The frequency of interaction between the persons involved in the relationship.

Domestic Violence

Domestic violence is defined as 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 Ohio, 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 Ohio.

Education Programs and Activities

Education Programs and Activities refers to all the operations of the College, including, but not limited to, in-person and online educational instruction, employment, research activities, extracurricular activities, dining services, and community engagement and outreach programs. The term applies to all activity that occurs on campus or on other property owned or occupied by the College. It also includes off-campus locations, events, or circumstances over which the College exercises substantial control over the Respondent and the context in which the Sexual Harassment occurs, including Sexual Harassment occurring in any building owned or controlled by a student organization that is officially recognized by the College.

Formal Complaint

A document filed by a Complainant or signed by the Title IX Coordinator alleging Sexual Harassment against a Respondent and requesting that the College investigate the allegation of Sexual Harassment in accordance with this policy. At the time of filing a Formal Complaint, a Complainant must be participating in or attempting to participate in the College’s education programs and activities. A “document filed by a Complainant” means a document or electronic submission (such as an email) that contains the Complainant’s physical or electronic signature or otherwise indicates that the Complainant is the person filing the Complaint.

Hostile Environment Sexual Harassment

“Hostile Environment Sexual Harassment” is unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person access to the College’s education programs and activities. This may include conduct of a nonsexual nature that is based on an individual’s actual or perceived sex, including conduct based on gender identity, gender expression, and nonconformity with gender stereotypes.

Incapacitation

Incapacitation is defined as the lack of physical or mental ability to make informed, rational judgments. Examples of incapacitation include unconsciousness, sleep, and blackouts.

Intimidation

Unlawful act of intentionally coercing or frightening someone to do (or to not do) something against his or her will.

Preponderance of the Evidence

To find an individual in violation of sexual misconduct only a preponderance of evidence standard needs to exist. This means it is “more likely than not” that the violation occurred and is less strict than “proof beyond a reasonable doubt”. The evidence does not have to be “clear and convincing”.

Quid Pro Quo Sexual Harassment

“Quid Pro Quo Sexual Harassment” occurs when an employee of the College conditions the provision of an aid, benefit, or service of the College on an individual’s participation in unwelcome sexual contact.

Respondent

An individual who has been alleged to be the perpetrator of conduct that could constitute Sexual Harassment.

Retaliation

Retaliation is intimidation, threats, coercion, or discrimination against any individual for the purpose of interfering with any right or privilege secured by Title IX and its implementing regulations or because an 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.

Sexual Assault

“Sexual Assault” includes the sex offenses of Rape, Sodomy, Sexual Assault with an Object, Fondling, Incest, and Statutory Rape.¹

“Rape” is the carnal knowledge of a person, 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 or physical incapacity. There is “carnal knowledge” if there is the slightest penetration of the vagina or penis by the sexual organ of the other person. Attempted Rape is included.
Sodomy” is oral or anal sexual intercourse with another person, 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 or physical incapacity.
“Sexual Assault with an Object” is using an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, 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 or physical incapacity. An “object” or “instrument” is anything used by the offender other than the offender’s genitalia.
“Fondling” is 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 or physical incapacity.
“Incest” is sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by Ohio law.
“Statutory Rape” is sexual intercourse with a person who is under the statutory age of consent as defined by Ohio law.

Sexual Harassment

Sexual harassment is conduct on the basis of sex that constitutes Quid Pro Quo Sexual Harassment, Hostile Environment Sexual Harassment, Sexual Assault, Domestic Violence, Dating Violence, or Stalking.

Stalking

Stalking is 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.

Supportive Measures

Non-disciplinary, non-punitive individualized services offered, as appropriate, and reasonably available, and without fee or charge, that are designed to restore or preserve equal access to the College’s Education Programs and Activities without unreasonably burdening another party, including measures designed to protect the safety of all parties implicated by a report or the College’s education environment, or to deter Sexual Harassment. Examples of Supportive measures include: counseling, extensions of academic or other deadlines, course-related adjustments, modifications to work or class schedules, campus escort services, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of campus, and other similar measures. Supportive Measures may also include mutual restrictions on contact between the parties implicated by a report.

Remedies

Administrators, faculty members, staff, students, contractors, guests, and other members of the College community who commit Sexual Harassment are subject to the full range of College discipline including verbal warning; written warning; temporary suspension, suspension, dismissal; expulsion for students; written warning; final written warning; termination; performance improvement plan (PIP); or administrative leave for employees; mandatory training, coaching, or counseling; mandatory monitoring; physical restriction from College property; cancellation of contracts; and any combination of the same.

The College will provide persons who have experienced Sexual Harassment ongoing remedies as reasonably necessary to restore or preserve access to the College’s education programs and activities.

¹The College’s definition of “Sexual Assault” is mandated by federal regulations implementing Title IX of the Education Amendments of 1972. Those regulations require the College to adopt a definition of “Sexual Assault” that incorporates various forcible and non-forcible sex crimes as defined by the FBI’s Uniform Crime Reporting System. See 34 C.F.R. § 106.30(a).