Reporting Procedures and Protocol

The College’s primary concern is the safety of its campus community and members. The use of alcohol or drugs never makes the victim at fault for Sexual Harassment. Moreover, victims should not be deterred from reporting incidents of Sexual Harassment.

Although there is no specific time limit for reporting a suspected violation of this policy, a student or employee who believes that he or she has been subjected to conduct that violates this policy is encouraged to contact the Title IX Coordinator and/or Deputy Title IX Coordinator as promptly as possible.

Any person may report Sexual Harassment to the Title IX Coordinator or Deputy Title IX Coordinator. Reports may be made in person, by regular mail, telephone, electronic mail, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report. In-person reports must be made during normal business hours, but reports can be made by regular mail, telephone, or electronic mail at any time, including outside normal business hours.

The names and contact information for the Title IX Coordinator and Deputy Title IX Coordinator are:

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

See below for detailed information on these processes.

Employee Reporting Obligations

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). This should occur within twenty-four hours.

Ohio law requires all employees with knowledge of a felony to report it to law enforcement. All college personnel shall report conduct prohibited by the College’s Civil Rights/Nondiscrimination Policy (109) and this Sexual Harassment grievance procedure to the Title IX Coordinator.

Preliminary Assessment

Upon receipt of a report of Sexual Harassment, the Title IX Coordinator will conduct a preliminary assessment to determine:

Whether the conduct, as reported, falls or could fall within the scope of the policy; and
Whether the conduct, as reported, constitutes or could constitute Sexual Harassment.

If the Title IX Coordinator determines that the conduct reported could not fall within the scope of the policy, and/or could not constitute Sexual Harassment, even if investigated, the Title Coordinator will close the matter and may notify the reporting party if doing so is consistent with the Family Educational Rights and Privacy Act (“FERPA”). The Title IX Coordinator may refer the report to other College offices, as appropriate.

If the Title IX Coordinator determines that the conduct reported could fall within the scope of the policy, and/or could constitute Sexual Harassment, if investigated, the Title IX Coordinator will proceed to contact the Complainant.

As part of the preliminary assessment, the Title IX Coordinator may take investigative steps to determine the identity of the Complainant, if such identity is not apparent from the report.

Contacting the Complainant

If a report is not closed as a result of the preliminary assessment and the Complainant’s identity is known, the Title IX Coordinator will promptly contact the Complainant to discuss the availability of Supportive Measures; to discuss and consider the Complainant’s wishes with respect to such Supportive Measures; to inform the Complainant of the availability of such Supportive Measures with or without filing a Formal Complaint; and to explain the process for filing and pursuing a Formal Complaint.

All victims of sexual assault will also be provided with information and options regarding:

Hospital, medical, nurse forensic examiner availability;
Seeking personal counseling and advocacy;
Preserving evidence;
Making a complaint to local law enforcement and/or Public Safety;
Calling 911 as needed; and
Victim’s rights and College responsibilities regarding judicial non-contact, restraining, protective orders, changing living arrangements, and federal student aid options.

Supportive Measures

If a report is not closed as a result of the preliminary assessment, the College will offer and make available Supportive Measures to the Complainant regardless of whether the Complainant elects to file a Formal Complaint.

Contemporaneously with the Respondent being notified of a Formal Complaint, the Title IX Coordinator will notify the Respondent of the availability of Supportive Measures for the Respondent, and the College will offer and make available Supportive Measures to the Respondent in the same manner in which it offers and makes them available to the Complainant. The College will also offer and make available Supportive Measures to the Respondent prior to the Respondent being notified of a Formal Complaint, if the Respondent requests such measures.

The College will maintain the confidentiality of Supportive Measures provided to either a Complainant or Respondent, to the extent that maintaining such confidentiality does not impair the College’s ability to provide the Supportive Measures in question.

The Title IX Coordinator and/or Deputy Title IX Coordinator will communicate with each party throughout the investigation to ensure supportive measures remain necessary and effective. Failure to comply with the terms of any supportive measures that have been implemented may constitute a separate violation of this policy.

Supportive Measures may be available whether or not the Complainant chooses to report the sexual violence or assault to Public Safety/Protective Services or local law enforcement. The Title IX Coordinator and/or Deputy Title IX Coordinator remain available to assist individuals and provide reasonable remedies throughout the reporting, investigative and adjudicatory processes, and thereafter.