2021-2022 Undergraduate Catalog > Student Affairs Policies > Sexual Harassment Policy > Other Violations of This Policy

Other Violations of This Policy

Alleged violations of this policy, other than violations of the prohibitions on Sexual Harassment and Retaliation, will be subject to review under the Student Code of Conduct for students, or the Bon Secours Mercy Health Non-Harassment/Non-Discrimination and Corrective Action policies.

Training

The College will ensure that College officials acting under this policy, including but not limited to the Title IX Coordinator, investigators, hearing officers, administrative officers, informal resolution facilitators, College provided advisors, and appeals officers receive training in compliance with 34 C.F.R. § 106.45(b)(1)(iii) and any other applicable federal or state law.

Recordkeeping

The College will retain those records specified in 34 C.F.R. § 106.45(b)(10) for a period of seven years after which point in time they may be destroyed, or continue to be retained, in the College’s sole discretion. The records specified in 34 C.F.R. § 106.45(b)(10) will be made available for inspection, and/or published, to the extent required by 34 C.F.R. § 106.45(b)(10) and consistent with any other applicable federal or state law, including FERPA.

Disciplinary Action

If it is determined that the College’s Sexual Harassment Policy was violated, the Respondent will be subject to discipline, up to and including dismissal from College employment (employee) or expulsion from the College (student). In cases of Sexual Assault, the minimum sanction will consist of suspension.

Employee Sanctions

According to the Bon Secours Mercy Health Corrective Action policy, the following are possible sanctions that may be imposed upon employees:

• Written warning
• Final written warning
• Termination
• Performance Improvement Plan (PIP)
• Administrative Leave
• Other Actions: In addition to or in place of the above sanctions, Mercy College may assign any other sanctions as deemed appropriate.

Student Sanctions

The following are possible sanctions that may be imposed upon students or organizations singly or in combination:

Verbal Warning: Students will be counseled privately by faculty, staff, or administration regarding inappropriate behavior or misconduct, and a report will be completed documenting the verbal discussion.

Written Warning: Students will receive a written warning and a corrective action plan will be developed, including present and future consequences of inappropriate behaviors or misconduct.

Temporary Suspension: Students are suspended from all college classes and activities and not permitted to be on college property or assigned clinical sites for the period of time during which an investigation is being conducted or the discipline is occurring.

Suspension: A student can be suspended from all college classes and activities and not permitted to be on college property or assigned clinical sites for a specified period of time.

Dismissal: A student dismissed from a program or the college may be permitted to return to the college through the readmission policy to the College.

Expulsion: A student expelled from the college is not permitted to return to the college through the readmission process. Disciplinary action may continue for events that occurred prior to a student’s expulsion from the college.

Other Actions: In addition to or in place of the above sanctions, the Mercy College may assign any other sanctions as deemed appropriate.

Training, Prevention, and Education

In order to promote the awareness of policies against sex discrimination, sexual harassment, and sexual violence or assault (including domestic violence, dating violence, and stalking) and to make victim resources available, a training, prevention, and education program has been established. The following information will be included in a variety of programs for new students and employees and training for students who serve as resident advisors. Ongoing prevention and awareness campaigns for all students, faculty, staff, and administrators will also be conducted. The information included in these programs consists of the following:

• A statement that Mercy College of Ohio prohibits sex discrimination, including sexual harassment, sexual violence or assault, domestic violence, dating violence, and stalking.
• The definitions of sex discrimination, sexual harassment, sexual violence or assault, domestic violence, dating violence, and stalking.
• The definition of consent.
• A statement that sexual violence or assault (including domestic violence, dating violence, and stalking) violates College policy and criminal law.
• Common facts and myths about the causes of sexual violence or assault.
• Safe and positive options for bystander intervention that may be taken by an individual to prevent harm or intervene in risky situations involving these offenses.
• Methods of encouraging peer support for victims.
• A statement explaining the College’s primary concern is the safety of members of the College community; that the use of alcohol or drugs never makes the victim at fault for sexual violence or assault; and that students or employees who are victims should not be deterred from reporting incidents out of concern that they might be disciplined for related violations of drug, alcohol, or other College policies.
• How to recognize warning signs of abusive behavior and how to avoid potential attacks.
• What someone should do if she/he has been a victim of, or witness to sex discrimination, sexual harassment, sexual violence or assault, domestic violence, dating violence and stalking.
• Individuals to whom incidents may be reported.
• The availability of, and contact information for, campus and community resources for sexual violence or assault victims.
• College policies and disciplinary procedures available for addressing alleged violations and the consequences of violating these policies. Such proceedings shall:
• Provide a prompt, fair, and impartial investigation and resolution;
• Be conducted by officials who receive annual training on issues related to sex discrimination, sexual harassment, sexual violence, domestic violence, dating violence, and stalking, and how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability.
• The Complainant and the Respondent are entitled to the same opportunities to have others present during a disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice.
• Both the Complainant and the Respondent shall be simultaneously informed in writing of:
• The outcome of any disciplinary proceedings that arises from an allegation of sexual violence, domestic violence, dating violence, and stalking;
• The College’s procedures for the accused to appeal the results of the disciplinary proceeding;
• Any change to the disciplinary results that occurs prior to the time such results become final; and
• When disciplinary results become final.
• Possible sanctions or protective measures the College may impose following the final determination of the College’s disciplinary procedure regarding sexual violence, domestic violence, dating violence, and stalking.
• How the College will protect the confidentiality of victims, including how publicly- available recordkeeping (e.g., campus Clery reports) will be handled without the inclusion of identifying information about the victim, to the extent permissible by law.
• That persons who report being a victim of sexual violence, domestic violence, dating violence, and stalking must receive written notification about:
• Existing counseling, health, mental health, victim advocacy, legal assistance, and other services available for victims, both on campus and in the community.
• Options for, and available assistance in, changing academic, living, transportation, and working situations, if requested by the victim and if such accommodations are reasonably available, regardless of whether the victim chooses to report the crime to campus police or local law enforcement.
• Procedures reporting parties should follow if sexual violence, domestic violence, dating violence, and stalking has occurred, as well as the fact that the following written information must be provided to victims:
• The importance of preserving evidence as may be necessary to prove criminal domestic violence, dating violence, sexual assault, and stalking, or to obtain a temporary restraining or other protective order;
• The name and contact information of the College employee(s) to whom the alleged offense should be reported;
• Reporting to law enforcement and campus authorities, including the victim’s option to (a) notify law enforcement authorities, including on-campus and local police; (b) be assisted by campus authorities in notifying law enforcement authorities if the victim so chooses; and (c) decline to notify such authorities;
• Where applicable, the rights of victims and the College’s responsibilities regarding orders of protection, no contact orders, restraining orders, or similar lawful orders issued by a criminal, civil, or tribal court.

Options for Assistance following An Incident of Sexual Misconduct

Call 911 if the victim is in the midst of any kind of emergency, immediate harm or threat of harm. Mercy Public Safety-(419) 251-1444 or Mercy Health Police-Youngstown- (330)-480-3288 are also resources which can be contacted with an emergency.

The College has designated a Director of Compliance and Risk Management/Title IX Coordinator (Toledo campus), Leslie Erwin (419-251-1710) and a Deputy Title IX Coordinator (Youngstown location), Elizabeth Cardwell (330-480-2170), to monitor and oversee overall compliance with laws and policies related to nondiscrimination based on sex. The Title IX Coordinator and Title IX Deputy Coordinator at Mercy College are available to explain and discuss: the victim’s right to file criminal complaint (in cases of Sexual Violence); the process for filing a Title IX complaint; the right to receive assistance with the process; how confidentiality is handled; available resources both on and off campus; and other related matters.

The victim is encouraged to seek immediate assistance from police and healthcare providers for physical safety, emotional support, and medical care.

Title IX Coordinator – Toledo

Leslie Erwin

Director of Compliance and Risk Management

Title IX Coordinator

2221 Madison Avenue

Toledo, Ohio 43604

419-251-1710

titleIX@mercycollege.edu

Deputy Title IX Coordinator – Youngstown

Elizabeth Cardwell

1044 Belmont Avenue

Youngstown, Ohio 44501

330-480-2170

Elizabeth.Cardwell@mercycollege.edu

Mercy Health Public Safety – Toledo

Police Chief, Director of Emergency Management

MOB 1 Garage

Mercy St. Vincent Medical Center

2213 Cherry Street

Toledo, OH 43608

(419) 251-1444

Mercy Health Police – Youngstown

Mercy Youngstown Police- Chief

Mercy St. Elizabeth Hospital

1044 Belmont Avenue

Youngstown, OH 44501

(330)-480-3288

Toledo Police

Toledo Police Department

525 North Erie Street

Toledo, OH 43604

(419) 245-3256 (non-emergency number)

Youngstown Police

Youngstown Police Department

116 West Boardman Street

Youngstown, OH 44503

(330) 747-7911 (non-emergency number)

The College’s Title IX and Deputy Title IX Coordinators are available to assist the victim in notifying Mercy Public Safety or Mercy Health Youngstown Police, if so desired. Mercy Public Safety or Mercy Health Youngstown Police will escort the victim to a safe place and transport to one of the System’s hospitals or a sexual assault response center for a medical examination, if needed. Mercy Public Safety or Mercy Health Youngstown Police can also provide access to a confidential sexual assault advocate. If the victim would prefer not to notify Mercy Public Safety, Mercy Health Youngstown Police or the local police, the individual is strongly encouraged to seek assistance from the College’s Title IX and Deputy Title IX Coordinators who can provide the victim with information on options, rights, and remedies. Victims can also go to the Counseling and Wellness Center for additional support.