/Institutions/Mercy-College-of-Ohio/json/Current/Undergraduate-Catalog-local.json

/Institutions/Mercy-College-of-Ohio/json/Current/Undergraduate-Catalog.json

2023-2024 Undergraduate Catalog > Student Rights and Responsibilities (Policies and Procedures) > Sexual Harassment Policy

Sexual Harassment 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.

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
Stacey Brown
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.

Emergency Removal and Administrative Leave

At any time after receiving a report of Sexual Harassment, the Title IX Coordinator may, after consultation with appropriate College officials, remove a student Respondent from the College’s education programs and activities on an temporary basis if an individualized safety and risk analysis determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of Sexual Harassment justifies removal. In the event the Title IX Coordinator imposes an interim removal, the Title IX Coordinator must offer to meet with the Respondent within twenty-four hours and provide the Respondent an opportunity to challenge the emergency removal. Such meeting may, at the sole discretion of the Title IX Coordinator, include other College officials.

In the case of a Respondent who is a non-student employee (administrator, faculty, or staff), and in its discretion, the College may place the Respondent on administrative leave at any time after receiving a report of Sexual Harassment, including during the pendency of the investigation and adjudication process specified below.

For all other Respondents, including independent contractors and guests, the College retains broad discretion to prohibit such persons from entering onto its campus and other properties at any time, and for any reason, whether after receiving a report of Sexual Harassment or otherwise.

Formal Complaint

A Complainant may file a Formal Complaint with the Title IX Coordinator requesting that the College investigate and adjudicate a report of Sexual Harassment in accordance with these procedures. Provided, however, that at the time the Complainant submits a Formal Complaint, the Complainant must be participating in, or attempting to participate in, one or more of the College’s education programs or activities.

A Complainant may file a Formal Complaint with the Title IX Coordinator in person, by regular mail, or by email using the contact information specified above. No person may submit a Formal Complaint on the Complainant’s behalf.

A Formal Complaint should contain the dates and times of the alleged misconduct. The names of persons involved, including potential witnesses, should also be included. The Formal Complaint should outline what occurred in as much detail as possible and the redress that is being sought. Finally, the contact information for the Complainant should be included.

In any case, including a case where a Complainant elects not to file a Formal Complaint, the Title IX Coordinator may file a Formal Complaint on behalf of the College if doing so is not clearly unreasonable. Such action will normally be taken in limited circumstances involving serious or repeated conduct or where the alleged perpetrator may pose a continuing threat to the College Community.

If the Complainant or the Title IX Coordinator files a Formal Complaint, then the College will commence an investigation and proceed to adjudicate the matter as specified below. In all cases where a Formal Complaint is filed, the Complainant will be treated as a party, irrespective of the party’s level of participation. In a case where the Title IX Coordinator files a Formal Complaint, the Title IX Coordinator will not act as a Complainant or otherwise as a party for purposes of the investigation and adjudication processes.

Consolidation of Formal Complaints

The College may consolidate Formal Complaints where the allegations of Sexual Harassment arise out of the same facts or circumstances. Where the investigation and adjudication process involve more than one Complainant or more than one Respondent, references in this policy to the singular “party,” “Complainant,” or “Respondent” include the plural, as applicable. A Formal Complaint of Retaliation may be consolidated with a Formal Complaint of Sexual Harassment.

Dismissal Prior to Commencement of Investigation

In a case where the Complainant files a Formal Complaint, the Title IX Coordinator will evaluate the Formal Complaint and must dismiss it if the Title IX Coordinator determines:

• The conduct alleged in the Formal Complaint would not constitute Sexual Harassment, even if proved; or
• The conduct alleged in the Formal Complaint falls outside the scope of the policy (i.e., because the alleged conduct did not occur in the College’s Education Programs and Activities and/or the alleged conduct occurred outside the geographic boundaries of the United States).

In the event the Title IX Coordinator determines the Formal Complaint should be dismissed, the Title IX Coordinator will provide written notice of dismissal to the parties and advise them of their right to appeal. The dismissal is a final determination unless modified or overturned on appeal. The Title IX Coordinator may refer the subject matter of the Formal Complaint to other College offices or procedures, as appropriate.

Notice of Formal Complaint

Within five (5) business days of the Title IX Coordinator receiving a Formal Complaint, the Title IX Coordinator will transmit a written notice to the Complainant and Respondent that includes:

• A physical copy of this policy or a hyperlink to this policy;
• Sufficient details known at the time so that the parties may prepare for an initial interview with the investigator, to include the identities of the parties involved in the incident (if known), the conduct allegedly constituting Sexual Harassment, and the date and location of the alleged incident (if known);
• A statement that the Respondent is presumed not responsible for the alleged Sexual Harassment and that a determination of responsibility will not be made until the conclusion of the adjudication and any appeal;
• Notifying the Complainant and Respondent of their right to be accompanied by an advisor of their choice;
• Notifying the Complainant and Respondent of their right to inspect and review evidence;
• Notifying the Complainant and Respondent of the College’s prohibitions on retaliation and false statements; and
• Information about resources that are available on campus and in the community.

Should the College elect, at any point, to investigate allegations that are materially beyond the scope of the initial written notice, the College will provide a supplemental written notice describing the additional allegations to be investigated.

Criminal Reporting Procedures

Reporting to Public Safety and/or the local police is an option at any time following a sexual violence or assault incident. If the victim chooses not to report to the police immediately, he/she can still make the report at a later time. However, with the passage of time, the ability to gather evidence to assist with criminal prosecution may be limited. Depending on the circumstances, the police may be able to obtain a criminal restraining order on the victim’s behalf.

Amnesty for Reporting

To encourage reporting on the part of students, victims of Sexual Harassment will not be charged with alcohol, drug and most other policy violations related to their efforts to seek assistance.

Prohibition against Retaliation

No individual involved in a report or formal complaint alleging a violation of this policy or participating in the investigation or adjudication of such a complaint shall be subject to Retaliation.

Any report or Formal Complaint of Retaliation will be processed under this policy in the same manner as a report or Formal Complaint of Sexual Harassment, as the case may be. The College retains discretion to consolidate a Formal Complaint of Retaliation with a Formal Complaint of Sexual Harassment for investigation and/or adjudication purposes if the two Formal Complaints share a common nexus.

Any acts of retaliation, as defined in this policy, shall be grounds for disciplinary action, up to and including dismissal for students and termination for faculty and staff.

Health/Counseling/Clergy

The individual may choose to seek advice and assistance from physicians, psychotherapists, professional counselors, clergy, sexual assault and domestic violence counselors and advocates, including individuals who work or volunteer for them.

Civil Lawsuits

The Complainant may choose to file a civil lawsuit against the Respondent, whether or not criminal charges have been filed. A civil lawsuit provides the Complainant the opportunity to recover actual damages, which may include compensation for medical expenses, lost wages, pain, suffering, and emotional distress.

Protective Orders

The Complainant may choose to obtain a protective or restraining order. Restraining orders must be obtained from a court in the jurisdiction where the incident occurred. Restraining orders can protect victims who have experienced or are reasonably in fear of sexual violence or assault, including domestic violence, dating violence or stalking. The Title IX Coordinator/ Deputy Title IX Coordinator can offer assistance with obtaining a protective or restraining order.

Clery Act

The College is obligated to report any incidents of sexual violence or assault on its annual crime statistics under the Clery Act. The College, under this Act, is also obligated to issue a timely warning when an incident of sexual violence or assault has occurred.

Non-Reporting

The individual is strongly encouraged to report any incident of sexual violence or assault to the police and/or the College’s Title IX Coordinator/Deputy Title IX Coordinator so that steps may be taken to protect the College community. However, non-reporting is also an option.

Investigation Procedures and Protocol

Commencement and Timing

After the written notice of Formal Complaint is transmitted to the parties, the Title IX Coordinator or an investigator selected by the Title IX Coordinator (“investigating officer”) will undertake an investigation to gather evidence relevant to the alleged misconduct, including inculpatory and exculpatory evidence. The investigating officer will conduct interviews with the Complainant, Respondent, and witnesses. The investigating officer will also collect any non- testimonial evidence including, physical and electronic and will preserve evidence in a manner that protects the quality of the evidence. The burden of gathering evidence sufficient to reach a determination in the adjudication lies with the College and not with the parties.

The investigation will culminate in a written investigation report that will be submitted to the adjudicator during the hearing process. Although the length of each investigation may vary depending on the totality of the circumstances, the College strives to complete each investigation within sixty (60) calendar days of the transmittal of the written notice of Formal Complaint.

During an investigation, the investigating officer may receive counsel from College administrators or other parties as needed.

Equal Opportunity

The College will conduct a prompt, fair, and thorough investigation of all Formal Complaints. During the investigation and any related adjudication, the Complainant and Respondent shall have equal rights, including:

• Respect, dignity, and sensitivity throughout the process.
• An equal opportunity for the parties to be interviewed, to present witnesses (including fact and expert witnesses), and to present other inculpatory and exculpatory evidence.
• Similar and timely access to all information considered by the investigating officer.
• Equal opportunity to review any statements or evidence provided by the other party.
• Equal access to review and comment upon any other information independently developed by the investigating officer. This includes the right to review the investigation report and provide comments on it, if desired, before a hearing.
• The right to receive written notice in advance of any meetings or hearings so that they have sufficient time to prepare for meaningful participation.

Notwithstanding the foregoing, the investigator retains discretion to limit the number of witness interviews the investigator conducts if the investigator finds that testimony would be unreasonably cumulative, if the witnesses are offered solely as character references and do not have information relevant to the allegations at issue, or if the witnesses are offered to render testimony that is categorically inadmissible, such as testimony concerning sexual history of the Complainant. The investigator will not restrict the ability of the parties to gather and present relevant evidence on their own.

The investigation is a party’s opportunity to present testimonial and other evidence that the party believes is relevant to resolution of the allegations in the Formal Complaint. The investigating office may require the production of information by the parties by a certain date in order to facilitate a timely resolution. A party that is aware of and has a reasonable opportunity to present particular evidence and/or identify particular witnesses during the investigation, and elects not to, will be prohibited from introducing any such evidence during the adjudication absent a showing of mistake, inadvertence, surprise, or excusable neglect.

Documentation of Investigation

The investigator will take reasonable steps to ensure the investigation is documented. Interviews of the parties and witnesses may be documented by the investigator’s notes, audio recorded, video recorded, or transcribed. The particular method utilized to record the interviews of parties and witnesses will determined by the investigator in the investigator’s sole discretion, although whatever method is chosen shall be used consistently throughout a particular investigation.

Access to the Evidence

At the conclusion of the evidence-gathering phase of the investigation, but prior to the completion of the investigation report, the Investigating Officer will transmit to each party and their advisor, in either electronic or hard copy form, all evidence obtained as part of the investigation that is directly related to the allegations raised in the Formal Complaint, including evidence the College may choose not to rely on at any hearing and inculpatory or exculpatory evidence whether obtained from a party or some other source. Thereafter, the parties will have ten (10) business days in which to submit to the investigator a written response, which the investigator will consider prior to completing the investigation report.

The parties and their advisors are permitted to review the evidence solely for the purposes of this grievance process and may not photograph or disseminate the evidence to the public.

Investigation Report

After the period for the parties to provide any written response to the evidence, the investigator will complete a written investigation report that fairly summarizes the various steps taken during the investigation, summarizes the relevant evidence collected, lists material facts on which the parties agree, and lists material facts on which the parties do not agree. When the investigation report is complete, the investigator will transmit a copy to the Title IX Coordinator. The investigator will also transmit the investigation report to each party and their advisor, in either electronic or hard copy form.

Pending Criminal Investigation

Mercy College of Ohio will comply with law enforcement requests for cooperation when appropriate. Such cooperation may require the College to temporarily suspend the fact-finding aspect of the Title IX investigation while the law enforcement agency is in the process of gathering evidence. The criminal investigation, however, does not relieve the College of its responsibilities under Title IX. The College will promptly resume its investigation as soon as notified by the law enforcement agency that it has completed the evidence gathering process of its investigation. The parameters of what information may or may not be shared with law enforcement are outlined in Memoranda of Understanding (MOU) with local law enforcement.

Advisor of Choice

Both the Complainant and Respondent may ask a support person/advisor to accompany him or her at all stages of the process. The advisor may be, but is not required to be, an attorney.

Except for the questioning of witnesses during the hearing, the advisor will play a passive role and is not permitted to communicate on behalf of a party, insist that communication flow through the advisor, or communicate with the College about the matter without the party being included in the communication. The support person/advisor must agree to maintain the confidentiality of the process.

In the event a party’s advisor of choice engages in material violation of the parameters specified in these procedures, the College may preclude the advisor from further participation, in which case the party may select a new advisor of their choice.

In the event a party is not able to secure an advisor to attend the hearing and requests the College to provide an advisor, the College will provide the party an advisor, without fee or charge, who will conduct questioning on behalf of the party at the hearing. The College will have sole discretion to select the advisor it provides. The advisor the College provides may be, but is not required to be, an attorney.

The College is not required to provide a party with an advisor in any circumstance except where the party does not have an advisor present at the hearing specified in these procedures and requests that the College provide an advisor.

Grievance/Adjudication Procedures

Hearing Officer

Upon receipt of the investigation report, the Title IX Coordinator will promptly appoint a hearing officer who will oversee the hearing process and render a determination of responsibility for the allegations in the Formal Complaint, at the conclusion of the hearing process. The Title IX Coordinator will see that the hearing officer is provided a copy of the investigation report and a copy of all evidence transmitted to the parties by the investigator.

Hearing Notice and Response to Investigation Report

After the hearing officer is appointed by the Title IX Coordinator, the hearing officer will promptly transmit written notice to the parties notifying the parties of the hearing officer’s appointment; setting a deadline for the parties to submit any written response to the investigation report; setting a date for the pre-hearing conference; setting a date and time for the hearing; and providing a copy of the College’s Hearing Procedures. Neither the pre-hearing conference, nor the hearing itself, may be held any earlier than ten (10) business days from the date of transmittal of the written hearing notice.

A party’s written response to the investigation report must include:

• To the extent the party disagrees with the investigation report, any argument or commentary regarding such disagreement;
• Any argument that evidence should be categorically excluded from consideration at the hearing based on privilege, relevancy, the prohibition on the use of sexual history, or for any other reason;
• A list of any witnesses that the party contends should be requested to attend the hearing pursuant to an attendance notice issued by the hearing officer;
• A list of any witnesses that the party intends to bring to the hearing without an attendance notice issued by the hearing officer;
• Any objection that the party has to the College’s Hearing Procedures;
• Any request that the parties be separated physically during the pre-hearing conference and/or hearing;
• Any other accommodations that the party seeks with respect to the pre-hearing conference and/or hearing;
• The name and contact information of the advisor who will accompany the party at the pre-hearing conference and hearing;
• If the party does not have an advisor who will accompany the party at the hearing, a request that the College provide an advisor for purposes of conducting questioning as specified in these procedures.

A party’s written response to the investigation report may also include:

• Argument regarding whether any of the allegations in the Formal Complaint are supported by a preponderance of the evidence; and
• Argument regarding whether any of the allegations in the Formal Complaint constitute Sexual Harassment.

Pre-Hearing Conference

Prior to the hearing, the hearing officer will conduct a pre-hearing conference with the parties and their advisors. The pre-hearing conference will be conducted live, with simultaneous and contemporaneous participation by the parties and their advisors. By default, the pre-hearing conference will be conducted with the hearing officer, the parties, the advisors, and other necessary College personnel together in the same physical location. However, upon request of either party, the parties will be separated into different rooms with technology enabling the parties to participate simultaneously and contemporaneously by video and audio.

In the hearing officer’s discretion, the pre-hearing conference may be conducted virtually, by use of video and audio technology, where all participants participate simultaneously and contemporaneously by use of such technology.

During the pre-hearing conference, the hearing officer will discuss the hearing procedures with the parties; address matters raised in the parties’ written responses to the investigation report, as the hearing officer deems appropriate; discuss whether any stipulations may be made to expedite the hearing; discuss the witnesses the parties have requested be served with notices of attendance and/or witnesses the parties plan to bring to the hearing without a notice of attendance; and resolve any other matters that the hearing officer determines, in the hearing officer’s discretion, should be resolved before the hearing.

Issuance of Notices of Attendance

After the pre-hearing conference, the hearing officer will transmit notices of attendance to any College employee (including administrator, faculty, or staff) or student whose attendance is requested at the hearing as a witness. The notice will advise the subject of the specified date and time of the hearing and advise the subject to contact the hearing officer immediately if there is a material and unavoidable conflict.

The subject of an attendance notice should notify any manager, faculty member, or other supervisor, as necessary, if attendance at the hearing will conflict with job duties, classes, or other obligations. All such managers, faculty members, coaches, and other supervisors are required to excuse the subject of the obligation, or provide some other accommodation, so that the subject may attend the hearing as specified in the notice.

The College will not issue a notice of attendance to any witness who is not an employee or a student.

Hearing

After the pre-hearing conference, the hearing officer will convene and conduct a hearing pursuant to the College’s Hearing Procedures. The hearing will be audio recorded. The audio recording will be made available to the parties for inspection and review on reasonable notice, including for use in preparing any subsequent appeal.

The hearing will be conducted live, with simultaneous and contemporaneous participation by the parties and their advisors. By default, the hearing will be conducted with the hearing officer, the parties, the advisors, witnesses, and other necessary College personnel together in the same physical location. However, upon request of either party, the parties will be separated into different rooms with technology enabling the parties to participate simultaneously and contemporaneously by video and audio.

In the hearing officer’s discretion, the hearing may be conducted virtually, by use of video and audio technology, where all participants participate simultaneously and contemporaneously by use of such technology.

While the Hearing Procedures and rulings from the hearing officer will govern the particulars of the hearing, each hearing will include, at a minimum:

• Opportunity for each party to address the hearing officer directly and to respond to questions posed by the hearing officer;
• Opportunity for each party’s advisor to ask directly, orally, and in real time, relevant questions, and follow up questions, of the other party and any witnesses, including questions that support or challenge credibility;
• Opportunity for each party to raise contemporaneous objections to testimonial or non-testimonial evidence and to have such objections ruled on by the hearing officer and a reason for the ruling provided;
• Opportunity for each party to submit evidence that the party did not present during the investigation due to mistake, inadvertence, surprise, or excusable neglect;
• Opportunity for each party to make a brief closing argument.

Except as otherwise permitted by the hearing officer, the hearing will be closed to all persons except the parties, their advisors, the investigator, the hearing officer, the Title IX Coordinator, and other necessary College personnel. Except for the investigator and the parties, witnesses will be sequestered until such time as their testimony is complete.

During the hearing, the parties and their advisors will have access to the investigation report and evidence that was transmitted to them earlier.

While a party has the right to attend and participate in the hearing with an advisor, a party and/or advisor who materially and repeatedly violates the rules of the hearing in such a way as to be materially disruptive, may be barred from further participation and/or have their participation limited, as the case may be, in the discretion of the hearing officer.

Subject to the minimum requirements specified here, the hearing officer will have sole discretion to determine the manner and particulars of any given hearing, including with respect to the length of the hearing, the order of the hearing, and questions of admissibility. The hearing officer will independently and contemporaneously screen questions for relevance in addition to resolving any contemporaneous objections raised by the parties and will explain the rational for any evidentiary rulings.

The hearing is not a formal judicial proceeding and strict rules of evidence do not apply. The hearing officer will have discretion to modify the Hearing Procedures, when good cause exists to do so, and provided the minimal requirements specified in this section are met.

Subjection to Questioning

In the event that any party or witness refuses to attend the hearing, or attends but refuses to submit to questioning by the parties’ advisors, the statements of that party or witness, as the case may be, whether given during the investigation or during the hearing, will not be considered by the hearing officer in reaching a determination of responsibility.

Notwithstanding the foregoing, the hearing officer may consider the testimony of any party or witness, whether given during the investigation or during the hearing, if the parties jointly stipulate that the testimony may be considered or in the case where neither party requested attendance of the witness at the hearing.

The hearing officer will not draw an inference about the determination regarding responsibility based solely on a party or a witness’s absence from the live hearing and/or refusal to submit to questioning by the parties’ advisors.

Deliberation and Determination

After the hearing is complete, the hearing officer will objectively evaluate all relevant evidence collected during the investigation, including both inculpatory and exculpatory evidence, together with testimony and non-testimony evidence received at the hearing, and ensure that any credibility determinations made are not based on a person’s status as a Complainant, Respondent, or witness. The hearing officer will take care to exclude from consideration any evidence that was ruled inadmissible at the pre-hearing conference, during the hearing, or by operation of the prohibition against considering the sexual history of the Complainant.

The hearing officer will resolve disputed facts using a preponderance of the evidence (i.e., “more likely than not”) standard and reach a determination regarding whether the facts that are supported by a preponderance of the evidence constitute one or more violations of the policy as alleged in the Formal Complaint.

Discipline and Remedies

In the event the hearing officer determines that the Respondent is responsible for violating this policy, the hearing officer will, prior to issuing a written decision, consult with an appropriate College official with disciplinary authority over the Respondent and such official will determine any discipline to be imposed. The hearing officer will also, prior to issuing a written decision, consult with the Title IX Coordinator who will determine whether and to what extent ongoing support measures or other remedies will be provided to the Complainant.

Written Decision

After reaching a determination and consulting with the appropriate College official and Title IX Coordinator, the hearing officer will prepare a written decision that will include:

• Identification of the allegations potentially constituting Sexual Harassment made in the Formal Complaint;
• A description of the procedural steps taken by the College upon receipt of the Formal Complaint, through issuance of the written decision, including notification to the parties, interviews with the parties and witnesses, methods used to gather non-testimonial evidence, and the date, location, and people who were present at or presented testimony at the hearing.
• Articulate findings of fact, made under a preponderance of the evidence standard, that support the determination;
• A statement of, and rationale for, each allegation that constitutes a separate potential incident of Sexual Harassment, including a determination regarding responsibility for each separate potential incident;
• The discipline determined by the appropriate College official;
• Whether the Complainant will receive any ongoing support measures or other remedies as determined by the Title IX Coordinator; and
• A description of the College’s process and grounds for appeal.

The hearing officer’s written determination will be transmitted to the parties. Transmittal of the written determination to the parties concludes the hearing process, subject to any right of appeal.

Although the length of each adjudication by hearing will vary depending on the totality of the circumstances, the College strives to issue the hearing officer’s written determination within fifteen (15) business days of the conclusion of the hearing.

Dismissal During Investigation or Adjudication

The College shall dismiss a Formal Complaint at any point during the investigation or adjudication process if the Title IX Coordinator determines that one or more of the following is true:

• The conduct alleged in the Formal Complaint would not constitute Sexual Harassment, even if proved; or
• The conduct alleged in the Formal Complaint falls outside the scope of the policy.

The College may dismiss a Formal Complaint at any point during the investigation or adjudication process if the Title IX Coordinator determines that any one or more of the following is true:

• The Complainant provides the Title IX Coordinator written notice that the Complainant wishes to withdraw the Formal Complaint or any discrete allegations therein (in which case those discrete allegations may be dismissed);
• The Respondent is no longer enrolled or employed by the College, as the case may be; or
• Specific circumstances prevent the College from gathering evidence sufficient to reach a determination as to the Formal Complaint, or any discrete allegations therein (in which case those discrete allegations may be dismissed).

In the event the Title IX Coordinator determines that a Formal Complaint should be dismissed pursuant to this provision, the Title IX Coordinator will provide written notice of dismissal to the parties and advise them of their right to appeal. The Title IX Coordinator may refer the subject matter of the Formal Complaint to other College offices, as appropriate. A dismissal pursuant to this provision is presumptively a final determination as it pertains to this policy, unless otherwise specified in writing by the Title IX Coordinator in the written notice of dismissal.

Appeal

Either party may appeal the determination of an adjudication, or a dismissal of a Formal Complaint, on one or more of the following grounds:

• A procedural irregularity affected the outcome;

• There is new evidence that was not reasonably available at the time the determination or dismissal was made, that could have affected the outcome;
• The Title IX Coordinator, investigator, or hearing officer had a conflict of interest or bias for or against complainants or respondents generally, or against the individual Complainant or Respondent, that affected the outcome;

No other grounds for appeal are permitted.

Appeals must be filed in writing with the President of the College within seven (7) business days of receipt of the notice of dismissal or written determination. The appeal must specifically:

• Name of the Complainant;
• Name of the Respondent;
• A detailed statement of the basis for the appeal including the specific facts, circumstances, and argument in support of it; and,
• Requested action, if any.

Promptly upon receipt of an appeal, the President will conduct an initial evaluation to confirm that the appeal is timely filed and that it invokes at least one of the permitted grounds for appeal. If the President determines that the appeal is not timely, or that it fails to invoke a permitted ground for appeal, the President will dismiss the appeal and provide written notice of the same to the parties.

If the President confirms that the appeal is timely and invokes at least one permitted ground for appeal, the President will provide written notice to the other party that an appeal has been filed and that the other party may submit a written opposition to the appeal within seven (7) business days. The President will also promptly obtain from the Title IX Coordinator any records from the investigation and adjudication necessary to resolve the grounds raised in the appeal.

The President will resolve the appeal within fifteen (15) business days of receiving the appeal and any written opposition to it and may take any and all actions that he/she determines to be in the interest of a fair and just decision. The decision of the President is final.

The President shall issue a short and plain, written statement of the resolution of the appeal that explains the outcome of the appeal and the rationale. The written statement shall be provided to the Complainant, the Respondent, and the Title IX Coordinator/Deputy Title IX Coordinator within three (3) business days of the resolution.

The determination of a Formal Complaint, including any discipline, becomes final when the time for appeal has passed with no party filing an appeal or, if any appeal is filed, at the point when the President has resolved all appeals, either by dismissal or by transmittal of a written decision. No further review beyond the appeal is permitted.

Treatment Records and Other Privileged Information

During the investigation and adjudication processes, the investigator and adjudicator are not permitted to access, consider, disclose, permit questioning concerning, or otherwise use:

• A party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional or paraprofessional’s capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party; or
• Information or records protected from disclosure by any other legally recognized privilege, such as the attorney client privilege;

unless the College has obtained the party’s voluntary, written consent to do so for the purposes of the investigation and adjudication process.

Notwithstanding the foregoing, the investigator and/or adjudicator may consider any such records or information otherwise covered by this section if the party holding the privilege affirmatively discloses the records or information to support their allegation or defense.

Sexual History

During the investigation and adjudication processes, questioning regarding a Complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the Complainant’s prior sexual behavior are offered to prove that someone other than the Respondent committed the conduct alleged, or if the questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent.

Notwithstanding the foregoing, a Complainant who affirmatively uses information otherwise considered irrelevant by this section for the purpose of supporting the Complainant’s allegations, may be deemed to have waived the protections of this section.

Informal Resolution

At any time after the parties are provided written notice of the Formal Complaint, and before the completion of any appeal, the parties may voluntarily consent, with the Title IX Coordinator’s approval, to engage in mediation, facilitated resolution, or other form of dispute resolution the goal of which is to enter into a final resolution resolving the allegations raised in the Formal Complaint by agreement of the parties.

The specific manner of any informal resolution process will be determined by the parties and the Title IX Coordinator, in consultation together. Prior to commencing the informal resolution process agreed upon, the Title IX Coordinator will transmit a written notice to the parties that:

• Describes the parameters and requirements of the informal resolution process to be utilized;
• Identifies the individual responsible for facilitating the informal resolution (who may be the Title IX Coordinator, another College official, or a suitable third-party);
• Explains the effect of participating in informal resolution and/or reaching a final resolution will have on a party’s ability to resume the investigation and adjudication of the allegations at issue in the Formal Complaint; and
• Explains any other consequence resulting from participation in the informal resolution process, including a description of records that will be generated, maintained, and/or shared.

After receiving the written notice specified in this paragraph, each party must voluntarily provide written consent to the Title IX Coordinator, before the informal resolution may commence.

During the pendency of the informal resolution process, the investigation and adjudication processes that would otherwise occur are stayed and all related deadlines are suspended.

If the parties reach a resolution through the informal resolution process, and the Title IX Coordinator agrees that the resolution is not clearly unreasonable, the Title IX Coordinator will reduce the terms of the agreed resolution to writing and present the resolution to the parties for their written signature. Once both parties and the Title IX Coordinator sign the resolution, the resolution is final, and the allegations addressed by the resolution are considered resolved and will not be subject to further investigation, adjudication, remediation, or discipline by the College, except as otherwise provided in the resolution itself, absent a showing that a party induced the resolution by fraud, misrepresentation, or other misconduct or where required to avoid a manifest injustice to either party or to the College. Informal resolution pursuant to this section is not subject to appeal.

A party may withdraw their consent to participate in informal resolution at any time before a resolution has been finalized.

Absent extension by the Title IX Coordinator, any informal resolution process must be completed within thirty (30) business days. If an informal resolution process does not result in a resolution within thirty (30) business days, and absent an extension, abeyance, or other contrary ruling by the Title IX Coordinator, the informal resolution process will be deemed terminated, and the Formal Complaint will be resolved pursuant to the investigation and adjudication procedures. The Title IX Coordinator may adjust any time periods or deadlines in the investigation and/or adjudication process that were suspended due to the informal resolution.

Informal resolution will not be permitted if the Respondent is a non-student employee accused of committing Sexual Harassment against a student.

Presumption of Non-Responsibility

From the time a report or Formal Complaint is made, a Respondent is presumed not responsible for the alleged misconduct until a determination regarding responsibility is made final.

Conflicts of Interest, Bias, and Procedural Complaints

The Title IX Coordinator, investigator, hearing officer, appeals officer, and informal resolution facilitator will be free of any material conflicts of interest or material bias. Any party who believes one or more of these College officials has a material conflict of interest or material bias must raise the concern promptly so that the College may evaluate the concern and find a substitute, if appropriate. The failure of a party to timely raise a concern of a conflict of interest or bias may result in a waiver of the issue for purposes of any appeal.

General Objections

Parties are expected to raise any objections, concerns, or complaints about the investigation, adjudication, and appeals process in a prompt and timely manner so that the College may evaluate the matter and address it, if appropriate.

Vendors, Contractors, and Third Parties

The College does business with various vendors, contractors, and other third parties who are not students or employees of the College. Notwithstanding any rights that a given vendor, contractor, or third-party Respondent may have under this policy, the College retains its right to limit any vendor, contractor, or third-party’s access to campus for any reason. And the College retains all rights it enjoys by contract or law to terminate its relationship with any vendor, contractor, or third-party irrespective of any process or outcome under this policy.

Confidentiality

The College will keep confidential the identity of any individual who has made a report or Formal Complaint of Sexual Harassment or Retaliation including any Complainant, the identity of any individual who has been reported to be a perpetrator of Sexual Harassment or Retaliation including any Respondent, and the identity of any witness.

The College will also maintain the confidentiality of its various records generated in response to reports and Formal Complaints, including, but not limited to, information concerning Supportive Measures, notices, investigation materials, adjudication records, and appeal records. Notwithstanding the foregoing, the College may reveal the identity of any person or the contents of any record if permitted by FERPA, if necessary to carry out the College’s obligations under Title IX and its implementing regulations including the conduct of any investigation, adjudication, or appeal under this policy or any subsequent judicial proceeding, or as otherwise required by law. Further, notwithstanding the College’s general obligation to maintain confidentiality as specified herein, the parties to a report or Formal Complaint will be given access to investigation and adjudication materials in the circumstances specified in this policy.

While the College will maintain confidentiality specified in this section, the College will not limit the ability of the parties to discuss the allegations at issue in a particular case. Parties are advised, however, that the manner in which they communicate about, or discuss a particular case, may constitute Sexual Harassment or Retaliation in certain circumstances and be subject to discipline pursuant to the processes specified in this policy.

Note that certain types of Sexual Harassment are considered crimes for which the College must disclose crime statistics in its Annual Security Report that is provided to the campus community and available to the public. These disclosures will be made without including personally identifying information.

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), Stacey Brown (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
Stacey Brown
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.

Information for Victims Seeking Medical Care

For the preservation of evidence in the event of a sexual assault, the following guidelines are recommended:

• Do not destroy the physical evidence that may be found in the vicinity of the crime. If the crime occurred in the victim's home, the victim should not clean until the police have had an opportunity to collect evidence.
• Tell someone all details remembered about the assault. Write down all details remembered as soon as possible.
• Do not bathe or douche. Do not urinate, if possible.
• Do not eat, drink liquids, smoke, or brush teeth if oral contact took place.
• Keep the clothes worn during the offense. If clothes are changed, place clothes in a paper bag (evidence deteriorates in plastic).
• Get prompt medical attention at a local hospital.

Resources

Resources

Medical and Counseling Services

Mercy College Counseling Services:
Lisa Sancrant
Director of the Student Success Center
2221 Madison Avenue
Toledo, OH 43604
(419) 251-1454
lisa.sancrant@mercycollege.edu

Off-Campus Services – Toledo

Sexual Assault/Rape:

YWCA H.O.P.E. Center
1018 Jefferson Avenue
Toledo, OH 43624
(419) 241-3235 non-emergencies
24-Hour Hotline: (866) 557-7273

Area Hospitals that Provide Sexual Assault Examinations and Information and Referrals:

Mercy St. Vincent Hospital
2213 Cherry Street
Toledo, OH 43608
(419) 251-3232

Mercy St. Charles Hospital
2600 Navarre Avenue
Oregon, OH 43616
(419) 696-7300

College of Toledo Medical Center
3000 Arlington Avenue
Toledo, OH 43614
(419) 275-1620

St. Luke’s Hospital
5901 Monclova Road
Maumee, OH 43537
(419) 893-5920

The Toledo Hospital
2142 North Cove Boulevard
Toledo, OH 43606
(419) 874-1494

Off-Campus Services – Youngstown

Rape Crisis and Counseling Services
535 Marmion Avenue
Youngstown, OH 44502
(330) 782-5664 non-emergencies
24 Hour Hotline: (330) 782-3936

Area Hospitals that Provide Sexual Assault Examination and Information and Referrals:

Mercy St. Elizabeth Hospital
1044 Belmont Avenue
Youngstown, OH 44504
(330) 480-2344

Coordinator of the Sexual Assault Nurse Examiner (SANE) Program
Office Phone: (330) 480-3323
Cell Phone: (330) 301-8418

U.S. Department of Education, Office of Civil Rights
(800) 421-3481
ocr@ed.gov

Legal Assistance

Legal Aid of Western, OH, Inc. provides legal services to those recovering from domestic violence, Sexual Assault, and Stalking. (419) 724-0460 (Lucas County), (888) 534-1432 or www.legalaidline.org

Protection Orders

In Ohio, there are different kinds of protection orders available to victims, including Domestic Violence Civil Protection Orders (DVCPO), Civil Stalking Protection Orders (CSPO), and Sexually Oriented Offense Protection Orders (SOOPO). Courts can issue ex parte (temporary) orders and orders for longer lengths of time. Ex parte orders are typically put in place until a hearing before a judge occurs. A victim should be prepared to present documentation and/or other forms of evidence when filing for an order of protection. When a protection order is granted, they are enforceable statewide. If you have obtained an order and need it to be enforced in this area you should contact local law enforcement.

At the Toledo campus:

• A DVCPO should be filed for in a Domestic Relations Court. The address for the Lucas County Court of Domestic Relations is: 429 Michigan St., Toledo, OH 43604. The phone number is 419-213-6850. More information is available here: https://www.co.lucas.oh.us/163/Domestic-Relations-Court
• A CSPO or SOOPO should be filed for in a Common Pleas Court. The address for the Lucas County Common Pleas Court is: 700 Adams St., Toledo, OH 43604. The phone number is 419-213-4777. More information is available here: https://www.co.lucas.oh.us/307/Common-Pleas-Court

At the Youngstown location:

• A DVCPO should be filed for in a Domestic Relations Court. The address for the Mahoning County Court of Domestic Relations is: 120 Market St # 4, Youngstown, OH 44503, (330) 740-2208. More information is available here: http://www.mahoningdrcourt.org/court_forms.htm
• A CSPO or SOOPO should be filed for in a Common Pleas Court. The address for the Mahoning County Common Pleas Court is: 120 Market Street, Youngstown, OH 44503, 330-740-2158.

The institution will also enforce any temporary restraining order or other no contact order against the alleged perpetrator from a criminal, civil, or tribal court. Any student or employee who has a protection order or no contact order should notify the Title IX Coordinator and/or Deputy Title IX Coordinator and provide a copy of the restraining order so that it may be kept on file with the institution and can be enforced on campus, if necessary. Upon learning of any orders, the institution will take all reasonable and legal action to implement the order.

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).