University of Northwestern Ohio
Definitions
Legal definitions and categories based on the Ohio Revised Code 2907.01-2907.09
“Actual Knowledge” – Notice of sexual harassment or allegations of sexual harassment to UNOH’s Title IX Coordinators or an official with authority, as defined herein. Imputation of knowledge based solely on vicarious liability or constructive notice is insufficient to constitute actual knowledge. This standard is not met when the only UNOH official with actual knowledge is the respondent. The mere ability or obligation to report sexual harassment or to inform a student about how to report sexual harassment, or having been trained to do so, does not qualify an individual as an official with authority. “Notice” as used in this paragraph includes, but is not limited to, a report of sexual harassment to the Title IX Coordinator as described in this Policy. “Notice” for purposes of this Policy occurs when a Title IX Coordinator or official with authority witnesses sexual harassment; hears about sexual harassment or sexual harassment allegations from a complainant or a third party; receives a written or verbal report of sexual harassment or sexual harassment allegations; receives a written formal complaint of sexual harassment, or obtains actual knowledge by any other means. UNOH’s response obligations under this Policy are not triggered until actual knowledge is conveyed to the Title IX Coordinator or an official with authority as described herein.
“Based on sex” or “On the basis of sex” – Conduct including but not limited to that which is sexual in nature, conduct which references a person’s sex, or conduct which is based on an individual’s gender, sex, gender identity, gender expression, sexual orientation, or results of genetic testing.
“Complainant” – An individual who is alleged to be the victim of conduct that could constitute sexual harassment, as defined herein. A person may be a complainant even where no formal complaint has been filed and no grievance process is pending. References to a complainant should be understood to include situations where a parent or guardian has the legal right to act on behalf of the complainant.
“Consent” – Consent must be freely given, informed, mutual, and communicated through clearly understandable words or actions, and it may be withdrawn at any time. Consent requires mutual agreement and unambiguous communication regarding the sexual act taking place. An individual cannot provide consent if he or she is physically or mentally impaired or incapacitated such that the individual cannot understand the nature, extent, or fact of the sexual activity or situation. Such impairment or incapacitation includes, but is not limited to, impairment or incapacitation due to alcohol or drug consumption, age, or being unconscious or asleep. Likewise, an individual cannot provide consent if deception, threats, duress, intimidation, or force (express or implied) are used on the individual. The absence of resistance or silence does not necessarily indicate consent. Under this Policy, “no” always means “no,” but “yes” may not always mean “yes.” If an individual consents to some sexual acts, that does not imply consent to other acts. Further, prior consent to sexual acts does not imply ongoing or future consent with the same person or consent to the same sexual act with another person. If an individual takes advantage of a position of authority or influence over another individual, it may be a factor in evaluating consent. An individual may withdraw consent at any time, and, once such withdrawal is expressed, sexual activity must end.
“Dating Violence” – Violence committed by an individual who is or was in a social relationship of an intimate or romantic nature with the complainant. To evaluate whether such a relationship exists or existed, factors including the following should be considered: the length of the relationship, the frequency of interaction between the individuals involved in the relationship, and the type of relationship. Dating violence includes, but is not limited to, physical or sexual abuse or the threat of such abuse.
“Days” – For purposes of this Policy, “days” means calendar days.
“Domestic Violence” – Violence perpetrated by the victim’s current or former spouse; intimate partner; person with whom the victim shares a child in common; person cohabitating or formerly cohabitating with the victim as a spouse or intimate partner; or any other person against a youth or adult victim who is protected from such acts under Ohio’s family or domestic violence laws.
“Employee” – Faculty, staff, or other individuals hired by UNOH in an employment capacity to provide services to UNOH.
“Formal Complaint” – A document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that UNOH investigate the allegation of sexual harassment. At the time of filing a formal complaint, a complainant must be participating in or attempting to participate in a UNOH education program or activity. A formal complaint may be filed with the Title IX Coordinator in person, by mail, or by electronic mail, by using the Title IX Coordinator’s contact information or as otherwise described in this Policy. As used in this paragraph, the phrase “document filed by a complainant” means a document or electronic submission (such as by electronic mail or through an online portal provided for this purpose by UNOH) that contains the complainant's physical or digital signature, or otherwise indicates that the complainant is the person filing the formal complaint.
“Incapacitation” or “Incapacitated” – Incapacitation occurs when an individual is unable to provide consent. For example, incapacitation may occur due to use of drugs or alcohol, when a person is unconscious or asleep, or when a mental or physical disability prevents an individual from having the capacity to provide or deny consent. In considering whether an individual is incapacitated due to the consumption or use of drugs or alcohol, UNOH will evaluate the circumstances, including but not limited to the following factors: whether the available evidence demonstrates slurred speech, stumbling, vomiting, inability to walk, or periods of “blacking out.” The presence of only one of these factors may be enough to establish incapacitation, depending upon the circumstances, but the presence of one factor alone is not necessarily definitive evidence of incapacitation. Rather, whether an individual was incapacitated must be examined based upon a totality of the circumstances.
“Official with Authority” – An official of UNOH who has authority to institute corrective measures on behalf of UNOH and receive actual knowledge under this Policy. For purposes of this Policy, only the following individuals are officials with authority:
Deans College of Applied Technologies: Kevin Meager & Robert (Bob) Marshal
Dean College of Occupational Professions, Health Professions, and Business: Timothy (Tim) Fitzpatrick
Director of Safety Services: David (Dave) Desenberg Sr.
Vice President for Academic Affairs/Provost: Dean Hobler
Vice President of Student Services: Randy Herrod-Gonzalez
“Program or Activity” or “Education Program or Activity” or “UNOH Program or Activity” – Locations, events, or circumstances over which UNOH exercises substantial control over both the respondent and the context in which the alleged sexual harassment occurs, whether on-campus or off-campus, and where the alleged sexual harassment occurs against a person in the United States. Program or activity further includes alleged sexual harassment pursuant to this Policy occurring any building owned or controlled by a student organization that is officially recognized by UNOH.
“Respondent” – Any individual who is reported to be the perpetrator of conduct that could constitute sexual harassment. References to a respondent should be understood to include situations where a parent or guardian has the legal right to act on behalf of the respondent.
“Retaliation” – Retaliation is a form of discrimination, which occurs when a person has engaged in a protected activity (e.g., participating or refusing to participate in an investigation or grievance process regarding sexual harassment, reporting sexual harassment, or filing a formal complaint of sexual harassment) and is subject to adverse action because of the person’s involvement in the protected activity.
Example #1: A student files a complaint for sexual harassment against a professor. The professor lowers the student’s grade in response to the complaint.
Example #2: A student files a complaint for sexual harassment against another student. The respondent’s friends verbally threaten the complainant and follow the complainant due to the complaint.
“Sexual Assault” – Unwelcome intentional physical conduct of a sexual nature. Sexual assault includes, but is not limited to, the following which occur in the absence of consent: unwanted touching; kissing; oral, vaginal, or anal sex; non-consensual penetration, no matter how slight, of the vagina or anus with any body part or objection; and non-consensual oral penetration of the vagina or anus by another person’s sex organ. “Sexual Assault” further includes an offense classified as a forcible or non-forcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation.
“Sex Discrimination” – Adverse or negative treatment based on gender, sex, gender identity, gender expression, sexual orientation, or results of genetic testing, which denies a person equal educational access.
“Sexual Harassment” – Conduct on the basis of sex that satisfies one or more of the following:
- Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to a UNOH program or activity, interferes with or limits a student’s ability to benefit from or participate in a UNOH program or activity, or interferes with or limits an employee’s ability to perform his or her job. Sexual harassment includes unwelcome sexual advances; requests for sexual favors; and other verbal, non-verbal, or physical conduct of a sexual nature by a UNOH employee, by another student, or by a third party. The more severe the conduct, the less necessary it is to demonstrate a repetitive series of events to establish a hostile environment, particularly where the harassment in question is physical. A single or isolated incident may constitute sexual harassment if the incident is sufficiently severe and objectively offensive. The more severe and objectively offensive the conduct in question, the less necessity there is to establish that the conduct was pervasive.
(2) “Sexual assault” as defined in 20 U.S.C. 1092(f)(6)(A)(v), “dating violence” as defined in 34 U.S.C. 12291(a)(10), “domestic violence” as defined in 34 U.S.C. 12291(a)(8), or “stalking” as defined in 34 U.S.C. 12291(a)(30). Reports pursuant to this subsection do not need to meet the description of severe, pervasive, and objectively offensive to constitute sexual harassment for purposes of this Policy.
Example #1: A student sexually assaults another student.
Example #2: A student living on campus makes comments based on sex to another student in class, follows the other student back to the residence hall after class, and threatens physical harm against that student in the residence hall.
(3) An UNOH employee conditioning the provision of an aid, benefit, or service of UNOH on an individual’s participation in unwelcome sexual conduct. Reports pursuant to this subsection do not need to meet the description of severe, pervasive, and objectively offensive to constitute sexual harassment for purposes of this Policy.
Example #1: A professor repeatedly asks a student to engage in sexual activity and offers to improve the student’s grade if the student agrees.
“Stalking” – Engaging in a course of conduct directed against a specific person that would (1) cause a reasonable person to fear for his or her safety or the safety of others; or (2) suffer substantial emotional distress. Examples of stalking include, but are not limited to, monitoring, following, threatening, conducting surveillance, communicating to or about an individual, or interfering with an individual’s property that could cause a reasonable person to fear for his or her safety or the safety or others or suffer substantial emotional distress.
“Student” – Individuals currently enrolled in part- or full-time coursework with UNOH, otherwise defined as a “student” in this or other UNOH policies, and student employees.
“Supportive Measures” - Non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to UNOH’s programs or activities without unreasonably burdening the other party, including measures designed to protect the safety of all parties or UNOH’s educational environment, or deter sexual harassment. Supportive measures may include, but are not limited to, counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties (e.g., no contact directives), changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures. For employees, supportive measures additionally may include reassignment, leave, or other actions.
UNOH will maintain as confidential any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality would not impair the ability of UNOH to provide the supportive measures, to the extent otherwise provided in this Policy, and to the extent doing so is consistent with applicable law and regulations. The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures.