How do I report sexual assault?
CALL 911 IF IN IMMEDIATE DANGER, OTHERWISE CALL CAMPUS POLICE AT 740.245.7286
24-HOUR HOTLINE AT 800.656.HOPE (4673)
Title IX Compliance Program
Notice of Non-Discrimination Policy
Under Title IX of the 1972 Education Amendments, no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity operated by the University of Rio Grande or the Rio Grande Community College (“Rio Grande”). Title IX ensures equal access to those programs and activities for our students and employees of all gender identities.
Rio Grande is dedicated to providing a safe environment for students, faculty, and staff. For that reason, Rio Grande has implemented a comprehensive program to comply with Title IX, and provide an environment free from sex-based discrimination, including sex-based harassment. The Rio Grande Title IX Compliance Program sets out the policies against sex-based discrimination, defines prohibited conduct, identifies the Title IX Compliance Team and each team member’s responsibilities, details procedures for the filing and investigation of any reports made by or against students or employees, including potential sanctions, and establishes training and awareness programs. Questions about our Title IX Compliance Program may be directed to the Title IX Compliance Coordinator at TitleIXCoordinator@rio.edu or (740) 245-7228. To see our complete Title IX Compliance Program, visit http://www.rio.edu/titleix, the Student Handbook, or the Policy and Procedure Manual.
Furthermore, Rio Grande policies and practices relating to housing, academic and social life, and employment are applied without regard to race, color, sexual orientation, gender, gender identity, religion, disability, age, marital status, national or ethnic origin, ancestry, socioeconomic status, military or veteran status, political affiliation, or other characteristics protected by federal, state, or local law. Questions about our non-discrimination policy may be directed to the Office of the President.
Pursuant to Title IX of the Education Amendments of 1972 and the U.S. Department of Education’s implementing regulations at 34 C.F.R. Part 106, the Rio Grande Title IX Compliance Team has primary responsibility for coordinating efforts to comply with and carry out its responsibilities under Title IX. Title IX prohibits sex-based discrimination in all operations of the University of Rio Grande and Rio Grande Community College (“Rio Grande”), as well as retaliation intended to interfere with any right or privilege secured by Title IX.
Sexual misconduct – including sex-based harassment, sexual assault, rape, and sexual exploitation – can constitute sex-based discrimination under Title IX. The Title IX Compliance Team oversees the response to reports involving possible sex-based discrimination to monitor outcomes, identify and address any patterns, and assess the campus climate so that Rio Grande can address issues that impact the community as a whole.
Reporting to the Title IX Compliance Team
Students and employees should contact a member of the Title IX Compliance Team to:
- Seek information or training about their rights and available courses of action for resolving reports that involve potential sex-based discrimination, including sexual misconduct;
- Make a report of sex-based discrimination, including sexual misconduct;
- Notify Rio Grande of an incident, policy, or procedure that may raise potential Title IX concerns;
- Obtain information about available resources (including confidential resources) and support services relating to sex-based discrimination, including sexual misconduct; and
- Ask any questions about our policies and procedures relating to sex-based discrimination, including sexual misconduct.
The Title IX Compliance Team includes the Title IX Coordinator, the Deputy Title IX Coordinator, the Chief of Campus Police, and other staff and faculty representatives from the University of Rio Grande and Rio Grande Community College.
Title IX Coordinator: The Title IX Coordinator is responsible for overseeing response to reports. The Title IX Coordinator is also responsible for continually monitoring the campus environment and implementing improvements to our Title IX policy and programs.
Director of Human Resources
Bob Evans Farm Hall – Room 237
Deputy Title IX Coordinator: The Deputy Title IX Coordinator is also responsible for overseeing response to reports. The Deputy Title IX Coordinator will work closely with the Title IX Coordinator to ensure a thorough and fair response to all claims of discrimination.
Director of Housing and Resident Life
Rhodes Student Center – Student Services Suite
Chief of Campus Police: The Chief of Campus Police is responsible for overseeing the investigation of reports. In doing so, the Chief of Campus Police will also service as the liaison between the Title IX Compliance Team and law enforcement when necessary.
Chief of Campus Police
Campus Police Department
If the incident, policy, or procedure about which a student or employee seeks to file a report creates the appearance of a conflict of interest (regardless of whether or not there is, in fact, a conflict) with one of the members of the Title IX Compliance Team, that student or employee may contact any other member of the team or notify the Office of the University President.
Bob Evans Farm Hall – Room 223
Reports that involve potential violations of Title IX may also be referred to the U.S. Department of Education Office of Civil Rights or the U.S. Department of Justice Civil Rights Division Opportunities Section at the following addresses:
Department of Education
Office for Civil Rights
U.S. Department of Education
1350 Euclid Avenue, Suite 325
Cleveland, OH 44115-1812
Telephone: (216) 522-4970
TDD: (800) 877-8339
Fax: (216) 522-2573
Department of Justice
U.S. Department of Justice Civil Rights Division
950 Pennsylvania Avenue, N.W.
Educational Opportunities Section, PHB
Washington, D.C. 20530
Telephone: (202) 514-4092
(877) 292-3804 (toll-free)
Fax: (202) 514-8337
Title IX Compliance Team Responsibilities
The Title IX Compliance Team is responsible for providing or facilitating ongoing Title IX training, consultation, and assistance for students, faculty, and staff. This includes regular training for faculty and staff outlining their rights and obligations under Title IX. With regard to sexual misconduct, this training will cover at least the following topics:
- What is the appropriate response to reports of sexual misconduct?
- What is the obligation to report sexual misconduct to appropriate officials?
- Who may keep a report confidential, and to what extent?
The Title IX Compliance Team’s training responsibilities also include regular training for students outlining their rights under Title IX. With regard to sexual misconduct, this training will cover at least the following topics:
- What constitutes sexual misconduct.
- When sexual misconduct creates a hostile environment.
- Reporting options available for students.
- Grievance procedures used to process reports.
- Sexual misconduct in the Community Code.
- Strategies for bystander intervention.
- The role of alcohol and drugs in sexual misconduct.
- Offices and individuals who can provide support.
- Confidentiality in the reporting process.
- Protection against retaliation.
The Title IX Compliance Team will conduct adequate, reliable, and impartial investigations of every report containing a potential violation of the Policy Against Sex-Based Discrimination. Fact-finding investigations will begin immediately upon the receipt of a report. The Title IX Compliance Team will also investigate reputable informal reports of potential violations to ensure the safety and security of the campus community. The Title IX Compliance Team will work together, with campus resources, and with local law enforcement to determine whether any reports tend to establish a pattern of inappropriate conduct. The results of the Title IX Compliance Team investigations will be used to support sanctions and will be presented to the University Hearing Board when a formal hearing is requested
C. Interim Measures, Sanctions, and Remedies
The Title IX Compliance Team will act on behalf of Rio Grande to address inappropriate conduct, prevent its recurrence, and, to the extent possible, remedy any effects. The investigating member of the Title IX Compliance Team will implement immediate interim measures to ensure each party’s safety and security prior to a determination. The investigation official will also recommend appropriate sanctions and remedial efforts following the conclusion of an investigation. In the absence of a formal hearing, recommended sanctions and remedies will be reviewed by at least one other member of the Title IX Compliance Team, or, when conflicts of interest so require, to the Dean of Students, before they are implemented.
Sex-based discrimination includes exclusion from participation in, being denied the benefits of, or being subjected to discrimination on the basis of sex. Discrimination on the basis of sex includes discrimination based on sex, pregnancy status, marital status, sexual orientation, gender, gender identity, gender expressions, and nonconformity with gender stereotypes. Both students and employees are protected against sex-based discrimination in Rio Grande programs and activities. Program or activity includes all operations of Rio Grande, including but not limited to, access to classes, employment opportunities, housing, Rio Grande-sponsored athletics, and facilities. Sex-based harassment includes sexual harassment and gender-based harassment. Sexual harassment is unwelcome conduct of a sexual nature. Sexual harassment includes but is not limited to unwelcome verbal sexual advances, sexual touching, requests for sexual favors, or other verbal or nonverbal conduct of a sexual nature, or rape, sexual assault, or sexual exploitation. Sexual harassment also includes dating violence, domestic violence, and stalking. Gender-based harassment is unwelcome conduct based on a student’s actual or perceived sex or sexual orientation and includes but is not limited to unwelcome conduct based on gender identity, gender expression, and nonconformity with gender stereotypes. Unwelcome conduct exists when the individual did not request or invite it and considers the conduct undesirable or offensive, including but not limited to name-calling, graphic or written statements (including through the use of cell phones or the internet), or other conduct that may be physically threatening, harmful, or humiliating. Unwelcome conduct does not have to include intent to harm, be directed at a specific target, or involve repeated incidents. Participation in the conduct or failure to protest does not necessarily mean that the conduct is welcome. The fact that an individual may welcome some conduct does not necessarily mean that he or she welcomes other conduct. Additionally, the fact that an individual requested or invited conduct on one occasion does not necessarily mean that the conduct is welcome on another occasion. A hostile environment exists when sex-based harassment is sufficiently serious to deny or limit an individual’s ability to participate in or benefit from Rio Grande programs or activities. A hostile environment can be created by anyone involved in a Rio Grande program or activity, including but not limited to administrators, faculty members, students, and campus visitors. In determining whether sex-based harassment has created a hostile environment, it will be necessary, but not enough, that the conduct was unwelcome to the individual harassed. To find that conduct created or contributed to a hostile environment, the investigating Title IX Compliance Team member or hearing officials, as the case may be, will also need to find that a reasonable person in the student’s or employee’s position would have perceived the conduct as undesirable or offensive. The Title IX Compliance Team member or hearing officials, will consider a variety of factors related to the severity, persistence, or pervasiveness of the alleged sex-based harassment, including the type, frequency, and duration of the conduct, the identities and relationships of all persons involved, the number of persons involved, and the context in which the conduct occurred. For instance, a single incident of sexual assault may be sufficient to create a hostile environment, whereas a series of less severe incidents may be necessary to create a hostile environment. Sexual assault is actual or attempted sexual contact with another person without that person’s consent, including but not limited to:
- Intentional touching of another person’s intimate body parts without that person’s consent;
- Other intentional sexual contact with another person’s body without that person’s consent;
- Coercion, forcing, or attempting to coerce or force a person to touch another’s intimate body parts without that person’s consent; or
- Rape, which is penetration of any degree of the vagina or anus of a person by any body part of another or by an object or the mouth of a person by a sex organ of another without that person’s consent.
Consent is agreement to do or allow something, or permission for something to happen or be done. Consent must be informed, voluntary, and mutual. Consent may be withdrawn at any time. Consent does not exist when there is any expressed or implied force, coercion, intimidation, threats, or duress. Whether a person has taken advantage of a position of influence over another person may be a factor in determining whether consent exists. Silence or absence of resistance does not imply consent. Past consent to sexual activity with another person does not imply ongoing future consent with that person, or ongoing future consent to that same sexual activity with another person. Consent cannot be given by a person who is unable to make a reasonable judgment concerning the nature of an activity due to incapacitating intoxication, unconsciousness, youth, or mental deficiency or incapacity. Sexual exploitation occurs when a person takes sexual advantage of another person for the benefit of anyone other than that person without that person’s consent, including but not limited to:
- Prostituting another person;
- Recording images, whether still or moving, or audio of another person’s sexual activity, intimate body parts, or nudity without that person’s consent;
- Distributing images, whether still or moving, or audio of another person’s sexual activity, intimate body parts, or nudity, if the person distributing the images or audio knows or should have known that the person depicted did not consent to the distribution of those materials; and
- Viewing another person’s sexual activity, intimate body parts, or nudity in a place where that person has a reasonable expectation of privacy and without that person’s consent.
- Reporting to Rio Grande Employees
Students and employees are encouraged to report any violation of the Policy Against Sex-Based Discrimination. Reporting these incidents will help a person find useful resources and will help Rio Grande respond appropriately to violations of our policies. Different members of the campus community have different abilities to maintain confidentiality.
- Some employees are required to maintain near-complete confidentiality. Communications with these employees are “privileged communications.”
- Other employees may speak to individuals in confidence, but are required to report that an incident occurred to the Title IX Compliance Coordinator. This report does not have to reveal any personally identifying information about the individual. Disclosures to these employees will not trigger an investigation against a person’s wishes.
- Some employees are required to report all details of an incident to the Title IX Compliance Coordinator. Any disclosure to these employees, called “responsible employees,” constitutes a report to Rio Grande and will trigger an investigation into the incident.
These groups are listed in detail below so that individuals can make an informed decision about where to turn if needed.
- Privileged and confidential communications
- Professional and Pastoral Counselors
Professional, licensed counselors and pastoral counselors who provide mental-health counseling to members of the Rio Grande community (including any individual who provides mental-health counseling under the supervision of a licensed counselor) are not required to report any information about an incident without an individual’s permission. Those individuals include: Survivor Advocacy Outreach Program (SAOP) (740) 591-2701 Director of Accessibility and Mental Health Services (740) 245-7439 Chaplaincy Program (on-campus Pastoral Counseling) (740) 245-7199 Woodland Centers (local off-campus counseling agency) (740) 441-4400 Note that while professional and pastoral counselors may maintain an individual’s confidentiality within Rio Grande, they may be subject to other reporting obligations under state law.
- Non-Professional Counselors and Advocates
Individuals who work or volunteer in the on-campus Health Services Center, including front-desk staff and student-employees, can generally talk to students without revealing any personally identifying information about the student to Rio Grande. Students can seek assistance and support from these individuals without triggering a Rio Grande investigation that could reveal a person’s identity or reveal that an individual has disclosed the incident. While maintaining confidentiality, these individuals (or their office) must report the nature, date, time, and general location of an incident to the Title IX Compliance Team. This limited report – which includes no information that would identify an individual – will help the Title IX Compliance Team stay informed of the extent and nature of potential violations occurring on- and off- campus, track potential patterns of inappropriate conduct, and formulate appropriate campus-wide responses. Before reporting any information to the Title IX Compliance Team, these individuals will consult with the person to ensure that no personally identifying details are shared. Non-professional counselors and advocates include: Director of Health Services (740) 245-7389 Administrative Assistant to Student Services (740) 245-7350 If you speak to a professional or non-professional counselor or advocate, please understand that, if you want to maintain confidentiality, Rio Grande will be unable to conduct an investigation into the incident and will be unable to pursue any disciplinary action against the alleged actor. These counselors and advocates will still help you receive other necessary protection and support, including victim advocacy, academic support or accommodations, health and mental health services, and changes to your work or course schedule. Note that while non-professional counselors and advocates may maintain your confidentiality within Rio Grande, they may be subject to other reporting obligations under state law.
- Responsible Employees.
A “responsible employee” is a Rio Grande employee who has the authority to redress violations of the Policy Against Sex-Based Discrimination, has the duty to report incidents of violations, or who may reasonably be assumed to have this authority or duty (except non-professional counselors and advocates). When you tell a responsible employee about a violation of the Policy Against Sex-Based Discrimination, you have the right to expect that Rio Grande will take immediate and appropriate steps to investigate the incident and resolve the matter promptly and equitably. A responsible employee must report to the Title IX Compliance Coordinator all relevant details that may be helpful in determining what happened – including the names of individuals involved, any witnesses, and other relevant facts including the date, time, and location of the incident. To the extent possible, information reported to a responsible employee will be shared only with those responsible for handling Rio Grande’s response to the report. A responsible employee should not share information with law enforcement without your consent unless you have also reported the incident to law enforcement. Responsible employees include the following: All Faculty and Staff not previously listed as Professional or Pastoral Counselors (1a) OR Non-Professional Counselors or Advocates (1b) above. Before you reveal any information to a responsible employee, the employee should make you aware of his or her reporting obligations. If you wish to maintain confidentiality, the employee should direct you to confidential resources.
- Requesting Confidentiality.
Rio Grande has an obligation to provide a safe, non-discriminatory environment for all students – including you. No Rio Grande employee will pressure you to release more or less information than you are comfortable with. If you would like to make a full report and also request confidentiality, please be aware that Rio Grande may not be able to fully honor that request. The Title IX Compliance Coordinator will evaluate requests for confidentiality. Where feasible, Rio Grande will honor your request for confidentiality. Please know that honoring your request may limit Rio Grande’s ability to conduct a thorough investigation or pursue disciplinary or remedial action. Although rare, there are times when Rio Grande may not be able to honor your request and still maintain our obligation to provide a safe campus for everyone. If the Title IX Compliance Coordinator determines that your confidentiality cannot be maintained, we will inform you prior to starting any investigation and will, to the extent possible, only share information with people responsible for handling Rio Grande’s response. You will never be required to participate in any investigation or grievance proceeding.
- Interim Measures and Protection Against Retaliation.
Rio Grande will remain mindful of your well-being. We will take ongoing steps to protect you from retaliation or harm and will work with you to create a safety plan. Retaliation, whether by students or employees, will not be tolerated. Throughout any investigation, Rio Grande will also:
- Assist you in accessing available advocacy resources, academic support, counseling, health services, and legal assistance;
- Provide security and support, which may include issuing a no-contact order and arranging a change of living or working arrangements or course schedules; and
- Assist you if you wish to report a crime to law enforcement.
Student Grievance Procedures for Potential Violations of the Policy Against Sex-Based Discrimination
INVESTIGATION AND SANCTION
Reports of possible Policy Against Sex-Based Discrimination violations may be investigated or substantiated by any member of the Title IX Compliance Team. Although each investigation will be tailored to address the unique facts and circumstances presented in a report, every investigation must be adequately thorough, reliable, and impartial. The Title IX Compliance Coordinator has primary responsibility for ensuring that every investigation comports with those standards.
After the fact-finding investigation has been completed to the satisfaction of the Title IX Compliance Team, one of the following actions may be taken:
- Dismissal of the report when the investigation indicates that no Policy Against Sex-Based Discrimination violation xx occurred or when the nature of the violation warrants a warning.
- Imposition of remedies and sanctions deemed appropriate when a preponderance of the evidence shows that a student has violated the Policy Against Sex-Based Discrimination.
More than one sanction may be imposed for a single violation of the Policy Against Sex-Based Discrimination. For example, a violator may be placed on restrictive probation and required to undergo assessment. The imposition of a remedy or sanction may occur prior to any formal hearing when appropriate.
- Referral to the University Hearing Board when appropriate. Cases in which a student is facing suspension or expulsion must be referred to the University Hearing Board.
Even when no formal hearing is warranted, the alleged target(s) and alleged actor(s) (the “parties”) identified in a report alleging a violation of the Policy Against Sex-Based Discrimination will have the opportunity to meet with the Title IX Compliance Team official investigating the matter. At that meeting, the parties will be informed of the specific allegations in the charge(s), and will have an opportunity to offer any defense refuting the allegations or an explanation justifying the conduct.
When the sanction being imposed includes suspension or expulsion, the parties will be given the opportunity to provide a detailed written statement regarding their conduct and whereabouts during the date and time in question before the case is referred to the University Hearing Board for determination of sanction. A student may be temporarily suspended prior to a formal hearing under the procedures set forth in part 9 of the “Disciplinary Sanctions” Section of this Handbook.
After the imposition of a sanction in cases not leading to suspension or expulsion, the sanctioned student may appeal the decision and request a formal hearing. All sanctions that are appealed will remain in effect during the appellate process, except when the Dean of Students, in consultation with the Title IX Compliance Coordinator, has determined otherwise.
NOTICE OF SANCTION
If, after an adequate, reliable and impartial investigation, the investigating official believes a violation of the Policy Against Sex-Based Discrimination has occurred, the official will give a written notice of the disciplinary sanction being imposed to the sanctioned student. This notice will include details of the incident, a description of the violative conduct, and a description of the sanction(s).
RIGHT TO A HEARING
Any student involved in a report of a potential violation of the Policy Against Sex-Based Discrimination has the right to request a formal hearing. Students should be aware that a request for a hearing may not forestall interim measures taken to address any continuing threat or retaliatory conduct. Any request for a hearing must be in writing and received by the investigating Title IX Compliance Team official during the investigation and/or before the third business day following the imposition of any sanction(s). All hearings involving a potential violation of the Policy Against Sex-Based Discrimination will be conducted by the University Hearing Board. If no written request for a hearing is received by the Title IX Compliance Coordinator within three business days following the imposition of any sanction(s), the sanction(s) will be imposed by the investigating Title IX Compliance Team official.
Any hearing involving a potential violation of the Policy Against Sex-Based Discrimination will proceed as follows:
1. TIME OF HEARING: The hearing will be conducted within seven business days following the conclusion of the Title IX Compliance Team fact-finding investigation.
2. APPEARANCE OF PARTIES: All students involved in a report of a potential violation will be permitted, but not required, to attend a formal hearing on the report. The alleged target of the discriminatory conduct will never be required to be present in the same room as the alleged actor. Any requests for separation will be honored. When a request for separation is submitted, the parties may be present for the hearing by means of closed-circuit television or other telepresence technology.
3. SUBPOENA OF WITNESSES: The University Hearing Board will have the authority to subpoena any appropriate faculty member, staff member, or currently enrolled student to appear and testify at a hearing. Any of the parties or the investigating official may request such a subpoena. The request for subpoena must be submitted to the University Hearing Board three business days prior to the scheduled hearing. In addition, the parties and the investigating official may call witnesses who are not faculty, staff, or students and who are willing to appear at the hearing.
4. ADVISOR: The parties may have an advisor present to represent their interests in a hearing. The advisor must be an employee of the University who is willing to volunteer to be the party’s advisor. The following persons are prohibited from serving as an advisor in a hearing:
- Persons who are involved in the incident giving rise to the report.
- Persons who have any personal knowledge of the incident, who have been involved in the investigation, or who may reasonably be called as witnesses.
- The President, Vice President for Administration and Student Services, Dean of Students, University Counsel, Campus Police, Student Life Coordinators, Resident Advisors, members of the Title IX Compliance Team, and members of the Student Judiciary Board.
The name of any party’s advisor must be submitted in writing to the University Heating Board at the hearing.
5. RECORDING: Generally, hearings will not be recorded. Any party may request to record a hearing. Rio Grande will be responsible for creating the recording but makes no warranties about the quality of the recording. Requests may be submitted to the University Hearing Board up to 24 hours before the scheduled hearing.
6. HEARING: Hearings will generally be closed to observers. Any party may request to open the hearing to named observers. Requests may be submitted to the University Hearing Board up to 24 hours prior to the scheduled hearing. Parties may have legal counsel present to observe on his or her behalf. However, legal counsel is prohibited from speaking to anyone during the course of the hearing and is prohibited from participating in the hearing. At any time during the course of the hearing, the University Hearing Board may order the hearing closed to any or all observers, except to observing legal counsel, unless legal counsel has violated the prohibition against speaking during or participating in the hearing. All parties should remember that Rio Grande does not tolerate retaliatory conduct – including intimidation tactics – resulting from a report of a potential Policy Against Sex-Based Discrimination violation. Retaliatory conduct will be subject to further disciplinary proceedings.
7. ORDER OF HEARING:
- Call to order by Chairperson.
- Summary of the report.
- Statement by the investigating official.
- Statement by or on behalf of the target(s).
- Statement by or on behalf of the actor(s).
- Evidence, including witness testimony, may be presented by the parties. Following the presentation of each witness called, the witness will be available for questions from the other party and the University Hearing Board. No party will be required to testify on his or her own behalf, or on behalf of any other party.
- Evidence presented by the investigating official.
- Evidence presented by or on behalf of the target(s).
- Evidence presented by or on behalf of the actor(s).
- Statement by or on behalf of the target(s).
- Statement by or on behalf of the actor(s).
- Statement by the investigating official.
- Deliberation. The University Hearing Board will deliberate outside the presence of others to determine whether the evidence shows it is more likely than not that the actor(s) did or did not engage in conduct that violates the Policy Against Sex-Based Discrimination.
- Decision. The University Hearing Board will issue a written decision within five business days following the last day of the hearing. If it is determined that a violation occurred, the written decision will include a description of the conduct that violates the Policy Against Sex-Based Discrimination and any appropriate sanction and/or remedial action.
8. APPEAL: Any party may appeal the University Hearing Board’s decision to the Rio Grande President. In the absence or referral of the President, the appeal will be made to the Provost. The party wishing to appeal must file a notice of appeal with the Dean of Students within three business days following the delivery of the written disposition. Within 10 business days following the delivery of the written disposition, the party initiating the appeal must file a written appeal with the Office of the Dean of Students. The written appeal may not exceed 15 pages in length, must be addressed to the President of the University, and must establish that the University Hearing Board’s written determination is not supported by the evidence or that there was a material deviation from appropriate investigation and grievance procedures creating an unfair result. The President or Provost, as the case may be, will determine the merit of the appeal and decide whether to proceed with a hearing.
9. REVIEW ON APPEAL: If merit of the appeal is established, the President or Provost, as the case may be, will conduct a closed hearing to review the written appeal, a recording of the hearing if available, and the hearing minutes. If no recording is available, or if the recording is of such poor quality that it is not useful for the appeal, the University Hearing Board will prepare a full statement of the evidence and proceedings. The President will come to one of the following conclusions:
- The evidence supports the University Hearing Board’s written determination, and the sanction imposed is appropriate.
- The evidence supports the University Hearing Board’s written determination, but the sanction imposed is inappropriate and another sanction the President believes is appropriate will be levied.
- There was a material deviation from the prescribed investigation or grievance procedures creating an unfair result, and the matter must be re-investigated and/or re-heard under the supervision of the President.
Employee University Policy #4.10 – Anti-Harassment Policy – University Policy & Procedures Manual (PPM)
GENERAL HARASSMENT POLICY APPLICABLE TO UNIVERSITY OF RIO GRANDE
It is the University of Rio Grande’s position that employees, students, vendors and visitors should have a working, learning and visiting environment free from intimidation, hostility, or other offensive conditions. The University expressly prohibits any form of harassment based on race, color, national origin, sex, sexual orientation, gender, gender identity, genetic information, religion, disability, age, marital status, ancestry, national or ethnic origin, socioeconomic status, political affiliation, military or veteran status, or other characteristics protected by applicable federal, state, or local laws. Individuals found to be in violation of this policy shall be subject to disciplinary action, which may include written warning, suspension, or dismissal. DEFINITION OF HARASSMENT
Harassment is unwelcome conduct that creates or contributes to a hostile environment. Harassment may include verbally abusive, threatening, crude, impolite, or unprofessional conduct based on an individual’s or organization members’ race,, color, national origin, sex, sexual orientation, gender, gender identity, genetic information, religion, disability, age, marital status, ancestry, national or ethnic origin, socioeconomic status, political affiliation, military or veteran status, or other characteristics protected by applicable federal, state, or local laws).
Conduct constituting harassment may include, but is not limited to:
- “jokes” that refer to a protected class;
- offensive or derogatory comments based on membership in a protected class;
- verbal or physical conduct based on an individual’s membership in a protected class;
- unwelcome physical contact or any touching of a sexual nature;
- harassment due to marriage to or association with an individual in a protected class;
- harassment due to membership in or association with ethnic-based organizations;
- harassment due to an accent or manner of speaking
This conduct by or towards any Rio Grande student or employee will not be tolerated by the University of Rio Grande.
DEFINITION OF SEX-BASED HARASSMENT
Sex-based harassment deserves particular mention. The University prohibits sex-based harassment of its employees, students or visitors in any form. We work to provide an employment and academic environment free of unwelcome conduct or communication of a sexual nature.
Specifically, as laid out in the Rio Grande Policy Against Sex-Based Discrimination, no person may engage in sex-based harassment that creates a hostile environment in or under any program or activity of Rio Grande. Further, no person who is an employee or agent of Rio Grande (including a student employee) may condition a decision or benefit on a student’s submission to sex-based harassment (regardless of whether the student resists or submits, and regardless of whether the student suffers or avoids the threatened harm).
Sex-based harassment includes sexual harassment and gender-based harassment. Sexual harassment is unwelcome conduct of a sexual nature. Sexual harassment may include but is not limited to unwelcome verbal sexual advances, sexual touching, requests for sexual favors, or other verbal or nonverbal conduct of a sexual nature, or rape, sexual assault, or sexual exploitation. Sexual harassment may also include dating violence, domestic violence, and stalking.
Gender-based harassment is unwelcome conduct based on a student’s actual or perceived sex or sexual orientation. Gender-based harassment may include but is not limited to unwelcome conduct based on gender identity, gender expression, and nonconformity with gender stereotypes.
Unwelcome conduct is conduct is considered ‘unwelcome’ if the student did not request or invite it and considers the conduct undesirable or offensive. Unwelcome conduct may include but is not limited to name-calling, graphic or written statements (including through the use of cell phones or the internet), or other conduct that may be physically threatening, harmful, or humiliating. Unwelcome conduct does not have to include intent to harm, be directed as a specific target, or involve repeated incident. Participation in the conduct or failure to protest does not necessarily mean that the conduct was welcome. The fact that an individual may have welcomes some conduct does not necessarily mean that such individual welcomes other conduct. Additionally, the fact that an individual requested or invited conduct on one occasion does not necessarily mean that the conduct is welcome on another occasion.
A hostile environment exists when sex-based harassment is sufficiently serious to deny or limit the student’s ability to participate in or benefit from the Rio Grande programs or activities. A hostile environment can be created by anyone involved in a Rio Grande program or activity. This includes but is not limited to administrators, faculty members, students, and campus visitors.
Any violation of the Policy Against Sex-Based Discrimination, including the conduct described here, by a Rio Grande employee may result in disciplinary action, up to and including discharge. Students who violate this policy will be subject to the investigation and grievance procedures laid out in the Rio Grande Policy Against Sex-Based Discrimination.
For more information on the conduct prohibited by the Policy Against Sex-Based Discrimination, or to report a violation, visit http://www.rio.edu/titleix or contact the Rio Grande Title IX Compliance Coordinator at (740) 245-7228.
PROCEDURES FOR CASES INVOLVING ALLEGED HARASSMENT
A. The Director of Human Resources/Affirmative Action Officer (AAO) shall be responsible for the dissemination of this policy.
B. Each Vice President, dean, director, administrative officer or supervisor of an operational unit is to cooperate with the Director of Human Resources/AAO within his/her area of responsibility. These officials shall also be responsible for referring complaints to the Director of Human Resources/AAO when harassment or reprisal for reporting harassment is alleged to have occurred.
C. It is the University’s policy to investigate thoroughly and remedy any known incidents of harassment. In order to accomplish this, however, harassment must be brought to the attention of the University Administration. Accordingly, employees who feel aggrieved because of harassment have an obligation to communicate their problem immediately; an employee or student who has a complaint of harassment should report the incident to the Director of Human Resources/AAO who will investigate the allegations. Every effort will be made to insure the privacy of the complainant and the accused.
D. An individual that believes that he or she has been subject to unlawful harassment, or witnessed unlawful harassment should promptly file a written report of that fact with the Director of Human Resources/AAO. If the individual alleges harassment against the Director of Human Resources/AAO, the individual’s immediate Supervisor or Manager, Vice President or Dean, the individual need not report the incident to the alleged harasser and, instead, may report the incident to the office of the President of the University.
E. The written report should identify the alleged incidents of harassment, the alleged perpetrators of the harassment (if known), and any witnesses to the harassment. The report will be kept confidential to the extent possible with a thorough investigation and any remedial action required. If the investigation reveals that harassment has occurred, discipline will be recommended by the Director of Human Resources/AAO or the President, and disciplinary action will be taken. Thereafter, the disciplinary action may be grieved/appealed through the appropriate procedure.
F. When a report involves an alleged act of sex-based harassment, or other form of sex-based discrimination, the report may be subject to the investigation and grievance procedures contained in the Policy Against Sex-Based Discrimination. When any portion of A-E of this section conflicts with the investigation and grievance procedures contained in the Policy Against Sex-Based Discrimination, the Policy Against Sex-Based Discrimination controls.
This policy shall be published and available to all employees and students in the Student Handbook, Course Catalogue and the University’s Policy and Procedure Manual. The policy will be distributed to new employees through new employee orientation with additional copies available from the Director of Human Resources/AAO and Title IX Compliance Coordinator.
A. The University of Rio Grande takes seriously its responsibility to prevent, address, and remedy harassment. The University will take all reasonable steps to sensitize employees, supervisors and students to harassment issues.
B. All employees will be trained in the following areas: defining harassment, including sex-based harassment; identifying harassment and improper discrimination; knowing their respective obligations under State and Federal laws; and understanding the proper grievance procedure.
C. Supervisors will additionally be trained in applying Rio Grande policy and taking appropriate corrective steps when an incident of harassment is reported or witnessed, including reporting potential violations of the Policy Against Sex-Based Discrimination to the Title IX Compliance Coordinator.
Rio Grande encourages individuals who believe that they have been victims or witnesses of harassment to come forward and report such harassment. The University will not take any adverse action against an individual who, in good faith, comes forward to report harassment, regardless of whether the allegation is substantiated. Retaliation for any good faith report or cooperation in any subsequent investigation is expressly prohibited and anyone who engages in retaliation will be subject to discipline, up to and including termination or expulsion.
The University of Rio Grande is concerned with the safety of our students both on and off campus. The purpose of this pamphlet is to inform you about the nature and consequences of sexual crimes, to give you advice on how to avoid becoming a victim of such a crime, and to provide you with places to which you can and should turn in the event that those measures are unsuccessful.
In addition to this pamphlet, you will find other pertinent information in the following documents.
|Rio Grande Village Police||740-245-5822|
|Gallia Co Sheriff||740-446-1221|
|Meigs Co Sheriff||740-992-7424|
|Vinton Co Sheriff||740-596-5242|
|Survivor Advocacy Outreach Program||740-591-2701|
|National Rape Hotline||800-656-4673|
|Dean of Students||740-245-7454|
|Title IX Coordinator||740-245-7228|