Title IX - Policy

Policy

Purpose: Title IX of the Education Amendments of 1972 is a federal civil rights law that prohibits discrimination on the basis of sex in the College’s programs and activities. Sexual harassment, including sexual violence and retaliation are forms of discrimination prohibited by Title IX.

Policy

It is the policy of Cincinnati State Technical and Community College to provide equal opportunity in education and employment and not discriminate on the basis of race, color, national origin, age, disability, sex, sexual orientation, marital status, creed, religion, or status as a veteran of war as required by Title IX of the Educational Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Title VI of the Civil Rights Act of 1964, and the Age Discrimination Act of 1975. Prohibited sex discrimination includes sexual harassment (unwelcome sexual conduct of various types).

There are other forms of harassment/sexual violence. This is severe and/or pervasive behavior that creates an environment that intimidates or is hostile and in extreme cases creates a circumstance where a person’s safety may be at risk. Some other forms include:

  • Sexual Violence – Physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent (i.e., due to person’s age, use of drugs or alcohol, or because intellectual or other disability prevents the person from having the capacity to give consent). Different acts fall in this category including rape, sexual assault, sexual abuse, and sexual coercion.
  • Sexual Assault – An offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI Uniform Crime Reporting (UCR) program.
  • Sexual Misconduct – Both non-consensual sexual contact and/or intercourse where the victim is not mentally or physically able to give effective, informed consent.
  • Domestic and Dating Violence – Sexual violence that is physical and/or mental in form that occurs within a social relationship between two people, whether married or not.
  • Bullying and Cyber-harassment – Any written, verbal, physical, or electronically-distributed act that one individual exhibits toward another where the behavior causes mental and/or physical harm; the behavior is such that it creates a severe, pervasive, persistent threatening educational or work environment.
  • Stalking and Cyberstalking – A pattern of electronically-distributed information that knowingly causes another person(s) to believe the offender will cause physical harm and/or mental distress to the other person(s). Depending on the circumstance, such acts may be criminal in nature.

When assessing instances of sexual violence/assault and harassment, a key factor is whether the victim was in a position to give “consent.” Consent is clear, knowing, and voluntary. Consent is active, not passive. Silence in and of itself cannot be interpreted as consent. Consent can be given by words or action as long as those words or actions create mutually understandable clear permission regarding willingness to engage in (and the conditions of) sexual activity.

Sexual harassment is a form of sex discrimination. It occurs in a variety of situations which share a common element: the inappropriate introduction of sexual activities or comments into the work or learning situation, the creation of relationships of unequal power and/or elements of coercion, such as requests for sexual favors as a criterion for granting work, study, or grading benefits. Sexual harassment may also involve relationships among peers of repeated sexual advances or demeaning verbal behavior resulting in a harmful effect on a person's ability to study or work in the academic setting. In addition, third parties may submit claims if a sexual relationship unfairly confers preferential treatment to participant(s) in the relationship.

The College does not tolerate sex discrimination, sexual harassment, sexual violence, dating/domestic violence, or other forms of pervasive behavior that will infringe on another’s person’s life and liberty. The College takes steps to ensure that students, employees, and third parties are not subject to a hostile environment in College programs or activities. The College responds promptly and effectively to allegations of sex discrimination, including sexual harassment and retaliation. It promptly conducts investigations and takes appropriate action, including disciplinary action, against individuals found to have violated its policies, as well as provides appropriate remedies to complainants and the campus community. The College takes immediate action to end a hostile environment if one has been created, prevent its recurrence, and remedy the effects of any hostile environment on affected members of the campus community.

The response to a Title IX violation is affected by the various components of the legal and policy requirements that are in the College governing guidelines and required by law, such as:

  • College policy and collective bargaining agreements, if applicable
  • Title IX and Title VII federal law
  • Cleary Act
  • Violence Against Women Act (VAWA)
  • Campus Save Act
  • Any applicable state and/or federal criminal law

Further, for community colleges that do not have on campus housing, if a situation occurs off campus but comes back into the college environment, the situation will need to be addressed.

Both staff and students have a “duty to report and a duty to act” in instances of situations or observations that would meet discriminatory and/or harassment guidelines under Title IX and as noted in this policy:

  • Duty to Report – The College has an expectation that any employee/student with good reason to believe that an individual has been the victim of sexual harassment, violence, and/or discrimination will report the belief as outlined in this policy, including Public Safety in the case of sexual assault or other violence against an individual.
  • Duty to Act – The College is legally required to take appropriate action in response to specific allegation of harassment, sexual assault, discrimination, or abuse. Consequently, when complaints are brought forward it is likely that the College will take investigative action and the reporting party is expected to cooperate in such proceedings.

Reports can be made using the procedures of the Student Code of Conduct (if student to student) and to the Human Resources Department (if employee to student or student to employee or employee to employee). However, reporting the situation to certain designated non-counseling resources will have mandatory reporting requirements. Examples of non-confidential resources include:

  • College Title IX Administrator,
  • Designated Title IX Investigators
  • Public Safety
  • Advisors and/or Instructors
  • Office of Enrollment and Student Development
  • Management staff

If you are the complainant in a situation and you wish to report an incident but prefer the details to be kept confidential, you can report the situation to:

  • College Counseling Services
  • Community-based Counseling/Advocacy Resources

Certain resources, as noted, will not be required to tell anyone else your private, personally identifiable information unless there is just cause for your safety or the safety of others. If you are unsure of someone’s duties and ability to maintain your privacy, ask them before you talk to them.

Procedure:

  1. Any student or employee who believes that he or she has been the subject of sexual violence, sexual assault, dating/domestic violence, stalking, discrimination, or sexual harassment should report the incident or incidents to the Director of Human Resources, who also serves as the College’s Title IX Administrator. If the complaint is against that official, the complainant should report the matter to the Vice President of Administration's office for referral to an alternate designee. The College encourages the timely reporting of any incident(s) of discrimination or sexual harassment.
  2. All reports of incident(s) will be forwarded to the Director of Human Resources for coordination and a determination on how to process the complaint.
  3. The student or employee who files a complaint alleging situations involving sexual violence, sexual assault, dating/domestic violence, stalking, discrimination, or sexual harassment (the complainant) will need to submit a brief written statement of allegations to the Director of Human Resources or the Vice President of Enrollment and Student Development or designee. If the complainant does not submit a written statement, the Director of Human Resources shall prepare a statement of facts which is approved by the complainant. That statement will be forwarded as well to the subject of the complaint, who may choose to submit a response. If applicable, the Director of Human Resources and/or the assigned Title IX Investigator will advise the complainant of her/his right to file a criminal complaint.
  4. The Director of Human Resources shall appoint a designated College employee who has been trained for Title IX investigations to investigate the complaint. The Director of Human Resources shall inform the complainant and respondent(s) of the appointment.
  5. The designated Title IX investigator shall conduct an investigation based upon the written statement submitted by the complainant and, if applicable, respondent(s). If the complainant did not file a written statement, the Title IX Investigator shall conduct an investigation based upon the statement prepared by the Director of Human Resources in concert with the Vice President of Enrollment and Student Development or designee, if applicable.
  6. The Title IX Investigator shall conduct a thorough investigation. The investigation shall include, but is not limited to, providing the complainant and the respondent the opportunity to state their positions, interviewing witness(es), and reviewing relevant documents. The investigation shall be concluded within a reasonable time, normally thirty days. A concurrent separate investigation will be done if the act is determined to be criminal in nature. The investigation and determination of criminal charges will be done by the College Public Safety Department.
  7. At the conclusion of the investigation the College Title IX Investigator shall set forth his or her findings and recommendations in writing. The representative shall send a copy of the findings and recommendations to the Director of Human Resources, who will confer with the Vice President of Enrollment and Student Development or designee, if applicable.
  8. The Director of Human Resources, and if applicable in concert with the Vice President of Enrollment and Student Development or designee, shall consider the findings and recommendations of the Title IX Investigator. The Director of Human Resources, in concert with the Vice President of Enrollment and Student Development or designee if applicable, shall determine whether disciplinary action may be appropriate. If applicable, or upon the recommendation of the Vice President of Enrollment and Student Development or designee, the Director of Human Resources will consult with the respondent's appointing authority regarding possible personnel action. These options may include voluntary training/counseling, development of a remediation plan, or formal discipline in accordance to College policy, collective bargaining agreement, or Student Code of Conduct rules and guidelines. The Director of Human Resources, in concert with the Vice President of Enrollment and Student Development or designee if applicable, shall advise the complainant and respondent of the College's decision. If the complainant has reported to a confidential source (i.e., counselor; mental health provider), then no formal investigation with public records will be done without the consent of the complainant.
  9. If the Director of Human Resources and respondent's appointing authority determine that disciplinary actions should be instituted against an employee, the applicable provisions of employee rights and responsibilities shall be followed. These provisions include, but are not limited to, state and federal constitutional and statutory provisions, collective bargaining agreements, and/or College policies.
  10. If the Director of Human Resources determines that disciplinary action should be instituted against a student, the Director of Human Resources will forward all final determinations to the Vice President of Enrollment and Student Development or designee to inact the applicable provisions of the College's Student Code of Conduct.
  11. If the Director of Human Resources, in concert with the Vice President of Enrollment and Student Development or designee if applicable, determines that disciplinary action is not appropriate and the complainant disagrees, the complainant may appeal, in writing, to the Vice President of Administration (if employee-related) or to the Vice President of Enrollment and Student Development (if student-related).
  12. The procedures regarding complaints of discrimination shall be published and distributed as determined by the College President or president's designee. Any person who believes he or she has been subjected to sexual harassment will be provided a copy of this policy and procedure.

Non-Retaliation, Intimidation and Coercion

Retaliation by, for, or against any participant (complainant, respondent, or witness) is expressly prohibited. Retaliatory action of any kind taken against individuals as a result of seeking redress under the applicable procedures or serving as a witness in a subsequent investigation dealing with harassment/discrimination is prohibited and is conduct subject to discipline. Any person who thinks he/she has been the victim of retaliation due to reporting a situation involving sexual violence, sexual assault, dating/domestic violence, stalking, discrimination, or sexual harassment should contact the Director, of Human Resources immediately.

Intentional False Reports

The College will not tolerate intentional false reporting of incidents. It is a violation of this policy to make an intentionally false report, and it may also violate federal and state criminal statutes as well as civil defamation laws. Sanctions for filing a false report will include disciplinary action up to and including expulsion from school or termination of employment.

Brochure: 
Binary Data

Get More Information

Complete this short form to download your free college brochure.