Gender-Based Harassment and Violence

8065.1 Introduction

Wright State University is committed to maintaining a safe and healthy educational and work environment in which no member of the university community is, on the basis of actual or perceived gender, gender identity, gender expression and or sexual orientation, excluded from participation in, denied the benefits of, or subjected to discrimination in any university program or activity. Wright State University does not discriminate on the basis of sex or gender in its education programs and activities. Gender-based harassment and violence, including sexual violence, are forms of sex discrimination in that they deny or limit an individual's ability to participate in or benefit from university programs or activities.

All members of the campus community are expected to conduct themselves in a manner that does not infringe upon the rights of others. The university prohibits gender-based harassment and violence under any circumstances. This policy has been developed to reaffirm these principles and to provide recourse for those individuals whose rights have been violated.

Nothing in this policy shall be construed to abridge academic freedom and inquiry, principles of free speech, the Collective Bargaining Agreements between the AAUP-WSU, the right to redress to the Ohio Civil Rights Commission or the Office for Civil Rights, or the university's educational mission.

8065.2 Scope

This policy applies to Wright State University employees, students, and all individuals who while not Wright State employees, perform work on university property. Wright State University property includes Dayton campus, Lake Campus, and any other location where employees or students engage in university business or participate in any university sanctioned activity.

All employees, students and contractors of Wright State University, in order to be consistent with federal regulations, have a duty to report incidents of gender-based harassment or violence that occur at the Wright State University campuses.

8065.3 Definitions

  1. Gender-Based Violence - Any behavior or practice that causes or intends to cause emotional, psychological, physical harm or property damage based on actual or perceived gender, gender identity, gender expression, and/or sexual orientation.
  2. Sex Offenses - Any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent. (Examples of Sex Offenses include but are not limited to: Rape sexual assault, sexual battery, sexual imposition, or public indecency.)
  3. Domestic Violence (DV) - A felony or misdemeanor crime 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 cohabitation 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 the state 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 the state of Ohio.
  4. Intimate Partner Violence (IPV) - Physical, sexual, threats, or psychological abuse that occurs between two people in a close or intimate relationship. The term "intimate partner" includes current and former spouses, partners and date partners. (Examples of Intimate Partner Violence include but are not limited to: Grabbing, shoving, slapping, hitting, kicking, punching, stabbing, shooting, rape, intimidation, blackmail, or maintaining control over financial resources including a person's earned income.)
  5. Dating Violence (DaV) - A type of intimate partner violence that occurs between two people in a dating relationship. The existence of such a relationship shall be determined based on the reporting party's statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. Dating violence does not include acts covered under the definition of domestic violence. (Examples of Dating Violence include but are not limited to: Extreme jealousy or insecurity, belittling, isolating you from family or friends, or making false accusations.)
  6. Stalking - Stalking involves repeatedly following, harassing, threatening, or intimidating another by telephone, mail, electronic communication, social media, or any other action, device, or method that purposely or knowingly causes substantial emotional distress or reasonable fear of bodily injury or death. (Examples of stalking include but are not limited to: Monitoring an individual's phone calls, reading a person's mail, following a person outside the home, breaking into a person's home, stealing a person's belongings, calling, texting, emailing, mailing a person repeatedly at home or work, repeated, uninvited appearances at a place of work or residence.)
  7. Sexual Misconduct - Any attempt at or any actual unwanted sexual contact, physical or nonphysical, in the absence of clear and voluntary consent. Clear and voluntary consent is consent that is given freely and actively in mutually understandable words or actions that indicate a willingness to participate in mutually agreed upon sexual activity. Consent is not clear or voluntary if it results from the use of physical force, threats, intimidation, or coercion. It is a violation of policy to have sexual contact with someone who is known to be, or should be know to be incapable of making a rational, reasonable decision. (Examples of sexual misconduct include but are not limited to: Sexual penetration, sexual touching with any body part or object without consent, taking non-consensual, unjust, or abusive sexual advantage of another, such as video or audio or audio-taping of sexual activity without the express permission of both parties, or the exposure of the private or intimate parts of the body in a lewd manner in public or in private premises.)
  8. Sexual Harassment - Sexual harassment is unwelcome, gender-based verbal or physical conduct of a sexual nature, without regard to the gender of the Complainant and Respondent; that is sufficiently severe, persistent or pervasive that has the effect of unreasonable interfering with, denying, or limiting someone's ability to participate in or benefit from WSU's educational program or activities, or work activities; and; the unwelcome behavior is based on power differentials (quid pro quo), the creation of a hostile environment, or retaliation. A different number of acts fall into the category of sexual harassment, including without limitation, dating violence, sexual exploitation and stalking.
    1. Quid pro quo sexual harassment exists when there are: unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature; and submission to or rejection of such conduct results in adverse educational or employment action; or affects the terms or conditions of education or employment or activities with the University.
    2. A hostile environment is created by unwelcome sexual behavior directed at an individual because of that individual's sex, gender or sexual orientation that is offensive, hostile and/or intimidating and that adversely affects that individual's university work/learning/living/program performance. Harassing conduct that is sufficiently severe, pervasive/persistent and patently/objectively offensive that it substantially interferes with the conditions of education or employment, from both a subjective (the alleged victim's) and an objective (reasonable person's) viewpoint.
  9. Consent - This is the act of knowingly and affirmatively agreeing to engage in a sexual activity. Consent must be voluntary. An individual cannot consent who is substantially impaired by any drug or intoxicant; or who has been compelled by force, threat of force, or deception; or who is unaware that the act is being committed; or whose ability to consent is impaired because of a mental or physical condition; or who is a minor by legal definition. Consent may be withdrawn at any time. Prior sexual activity or relationship does not, in and of itself, constitute consent.

8065.4 Romantic and/or Sexual Relationships

Consensual relationships are strongly discouraged when there is a professional role-based power differential between individuals at Wright State University. Should a relationship begin to emerge, where a power differential exists, the individual in the position of power has a duty to report such relationship to their immediate supervisor, or the Associate Provost for Faculty and Staff Affairs as soon as possible.

Individuals in positions of power must be aware that romantic or sexual relationships with students, direct reports, or anyone for which the person in the position of power has supervisory or academic responsibility, increases the potential for exploitation and poses a legal risk to both the individual and the institution.

It is important to be aware that allegedly consensual relations that "end" may later result in allegations of sexual harassment.

Any individual who is having or has had a romantic or sexual relationship with a person over whom he or she has academic authority, supervisory responsibility, or other university responsibility or authority must report the relationship to their immediate supervisor or the Associate Provost for Faculty and Staff Affairs; and, has a duty to cooperate in making acceptable alternative arrangements. These individuals must be removed immediately from all decision-making processes and positions of authority concerning the person with whom he or she is having or has had the relationship. The university requires the resolution of all conflicts of interest created by the relationship in the context of appropriate levels of confidentiality.

Failure to report the relationship, to cooperate in the transfer of responsibility and authority, or to resolve all conflicts of interest are grounds for discipline or sanctions, up to and including termination or expulsion, under the appropriate university policies.

8065.5 Gender-Based Harassment and Violence Complaint Procedure

It is the policy of Wright State University (WSU) to comply with Title IX of the Educational Amendments of 1972 (Title IX) which states, "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any educational program or activity receiving federal financial assistance." Title IX applies to any activity in connection with academic, educational, extra-curricular, athletic, and other programs of the school, including school-sponsored or condoned activities (employee travel, study abroad programs, regional/satellite locations affiliated with school, etc.). Title IX may also cover activity that occurs off school grounds if there is carry-over into the educational setting (e.g., if a person is sexually assaulted off-campus by another person affiliated with WSU and the survivor must continue to interact with or see the assailant on campus).

Additionally, Wright State University is committed to maintaining a safe and healthy educational and work environment in which no member of the university community is, on the basis of gender, gender identity, gender expression and/or sexual orientation, excluded from participation in, denied the benefits of, or subjected to discrimination in any university program or activity. Wright State University does not discriminate on the basis of sex in its education programs and activities, and Title IX requires Wright State University not to discriminate in such a manner. Gender-based harassment and violence, including sexual violence, are forms of sex discrimination in that they deny or limit an individual's ability to participate in or benefit from university programs or activities. Wright State University has adopted a grievance procedure providing for prompt and equitable resolution of complaints alleging any action against a staff or faculty member prohibited by Title IX in any program or activity receiving Federal financial assistance.

  1. Student Survivors: Report to the University Police Department - Students are encouraged to report gender-based harassment and violence, which includes sexual assault to the University Police Department. Reporting the event to University Police does not require the student to file criminal charges, but provides an opportunity for collection of evidence helpful in a prosecution and helps facilitate all support systems to be put in place for the survivor. Alternatively, student survivors can report gender-based harassment and violence to the Office of Student Support Services, the Office of Community Standards and Student Conduct, or the Women's Center.
  2. Faculty and Staff Survivors: Report to the Office of Equity & Inclusion - Faculty and staff are encouraged to report gender-based harassment and violence, which includes sexual assault, to the Office of Equity and Inclusion (OEI). Alternatively, faculty and staff survivors can report gender-based harassment and violence to the Office of Human Resources or to University Police.
  3. Complaints against students or student groups: Report to the Office of Community Standards and Student Conduct - Complaints of gender-based harassment and violence against students or student groups, which includes sexual assault, should be reported to the Office of Community Standards and Student Conduct (OCSSC). Alternatively, complaints against students or student groups can be reported to the University Police.
  4. Complaints Against Faculty or Staff: Report to the Office of Equity and Inclusion - Complaints of gender-based harassment and violence against faculty or staff, which includes sexual assault, should be reported to the Office of Equity and Inclusion (OEI). Alternatively, complains against faculty or staff can be reported to the Office of Human Resources or to University Police.

People with Disabilities: Report to the Office of Equity and Inclusion - Wright State University will make appropriate arrangements to ensure that people with disabilities are provided accommodations, if needed, to participate in the Gender-Based Harassment and Violence Complaint Procedure. Such arrangements may include, but are not limited to, providing interpreters for the deaf, providing taped cassettes of material for the blind, or assuring a barrier-free location for the Proceedings. The Section 504/ADA Coordinator for WSU will be responsible for such arrangements and can be reached at (937) 775-3207 or oei-ada@wright.edu.

The University will also maintain an anonymous reporting system through which complaints about gender-based harassment and violence may be submitted. The Office of Equity and Inclusion is responsible for ensuring the independent investigation of complaints, questions or concerns raised through this reporting mechanism.

8065.6 Process for Initiating a Complaint:

  • Students (Office of Community Standards and Student Conduct): All reports should be submitted as soon as possible after the event takes place.
    1. There will be an impartial investigation conducted as quickly as possible. If a determination is made that an alleged violation of the Code of Student Conduct may have occurred, the university will initiate disciplinary proceedings against the student.
    2. Individuals who file reports will be informed of all steps the university may take to address the initial incident as well as prevent recurrence of the misconduct from taking place in the future.
    3. The accused and the reporting person are entitled to the same opportunities to have others present during a campus disciplinary proceeding as well as a right to appeal the outcome. (See Code of Conduct for a complete list of rights for both parties) Also, both the reporting person and the accused shall be informed in writing of the outcome of any institutional disciplinary proceeding regarding an alleged violation of the gender-based harassment and violence policy.
    4. In all cases, any information available to the Conduct Panel or Administrative Hearing Body will be considered. A preponderance of the evidence standard will be used to determine if the student is responsible for the alleged violation or not.
    5. Scope, Jurisdiction - This process applies to all Wright State University students. A student is defined as "an individual who has been accepted to the university, or taking courses at Wright State University on a full or part time basis. Student status continues until an individual graduates, is academically or disciplinary separated from the university or is not in attendance for two complete, consecutive terms." This policy applies to students of other institutions who reside at WSU or are involved in certain on-going WSU programs. Appropriate sanctions are applicable.

      Wright State University has the authority to address misconduct that takes place on university premises as well as off-campus conduct when the behavior may have or has had an adverse impact upon the university community. The jurisdiction of this policy also applies to university sponsored events, activities, trips, etc., which may occur off campus. The university, at its discretion, may pursue disciplinary action against a student while the student is also subject to criminal proceedings. The university reserves this right even if criminal charges are pending, reduced, or dismissed.

  • Faculty and Staff (Office of Equity and Inclusion):
    1. Informal Procedure

      Any person who believes he or she has been subjected to discrimination by a staff or faculty member on the basis of a sex, gender, gender identity, gender expression and/or sexual orientation, may file a grievance by communicating (orally or in writing) their concerns to the Office of Equity and Inclusion within one hundred and eighty day of the last incident of alleged gender-based harassment and violence. The appropriate person to lead efforts to resolve allegations against a staff or faculty member is the Director, Office of Equity and Inclusion and Title IX Coordinator.

      Upon receipt of the informal complaint, the Office of Equity and Inclusion will immediately attempt to determine whether a violation of the Gender Based Harassment and Violence Policy has occurred and what responses need to occur. The standard of review used to determine responsibility is a "preponderance of evidence" standard. This determination is based on the greater weight of the information and does not require a standard beyond a reasonable doubt. The Office of Equity and Inclusion will also assess the need for interim support services. Wright State University provides a number of interim support services, upon request, to staff and faculty members who have been survivors of Gender-Based Harassment and Violence offenses. No police report, disciplinary complaint or investigation need occur before this option is available. The Office of Equity and Inclusion will exercise discretion and sensitivity about sharing the identity of the survivor when arranging for interim support services. A survivor can access these services at any time, even if the person initially declined the service.

      The effort to resolve the complaint informally should be completed no less than sixty days from the date the original complaint was received. The participation of the complainant in an informal effort to resolve a complaint is voluntary and the informal process will be adjusted immediately if the complaint is voluntary and the informal process will be adjusted immediately if the complainant wishes to bypass the informal process in lieu of a formal process or decides not to participate/pursue either process. To initiate the formal complaint process, the complaint must notify the Office of Equity and Inclusion that he/she would like to file a formal grievance in accordance with the formal procedure detailed below.

      At the end of the efforts to resolve the complaint informally, the Office of Equity and Inclusion should record the complaint in a written statement identifying all parties, the complaint and the outcome of the informal review. Copies of the report should be provided to the Associate Provost for Faculty and Staff Affairs (if respondent is a member of the faculty), or division leader of the division where the employee is based for non-instructional staff members.

    2. Formal Procedure

      Any person who believes he or she has been subjected to discrimination by a staff or faculty member on the basis of sex, gender, gender identity, gender expression and/or sexual orientation may file a grievance formally by communicating (orally or in writing) their concerns to the Office of Equity and Inclusion within one hundred and eighty days of the last incident of alleged gender based violence and harassment. The appropriate person to lead efforts to resolve allegations against a member of the staff or faculty is the Director, Office of Equity and Inclusion and Title IX Coordinator.

      The formal complaint should include the name and address of the person filing it, and briefly describe the alleged violation of the policy.

      Within these procedures; any student, parent, employee, or other patron who believes he or she has been subjected to discriminatory action by Wright State University (WSU) or someone representing WSU in violation of Gender Based Violence and Harassment Policy can be a complainant.

      Upon receiving a grievance, the Office of Equity and Inclusion will conduct an investigation with respect to all timely filed grievances that raise issues under the Gender Based Violence and Harassment Policy. This grievance procedure contemplates informal but thorough and impartial investigations, affording all interested persons and their representatives, if any, an opportunity to submit information relevant to a grievance.

      The Office of Equity and Inclusion will issue a written decision on the grievance no later than sixty days after its filing. A copy of the written decision will be provided to both the complainant (and alleged victim if different from the complainant) and the person(s) accused.

      Upon completion of the investigation, the university will provide a prompt and equitable resolution(s) including taking steps to prevent recurrence of any discrimination that it finds has occurred, and to correct the effects of such discrimination on the complainant and others, if appropriate.

      If extenuating circumstances dictate an extension of time, the Director of the Office of Equity and Inclusion or designee will notify the complainant and person(s) accused in writing of the delay, and an estimate of the time frame for completion of the investigation.

      In most circumstances, a person(s) accused shall have the right to present information and testimony in an effort to defend actions she/he has taken related to the complaint. This opportunity will not be available in situations where providing this action will cause undue harm to another party involved in the process (e.g., personal confrontation that would have the impact of harassment, intimidation, etc.).

      The person filing the grievance is not expected to prosecute the alleged discrimination claim, but rather the Office of Equity and Inclusion will conduct an investigation under the guidelines prescribed in this procedure.

8065.7 Timelines

Once an alleged incident of gender-based harassment and/or violence is reported, every effort will be made to resolve the complaint in a timely fashion. In most cases, all complaints will be resolved within sixty days of being reported. However, if extenuating circumstances dictate an extension of time is needed to reach a resolution, the appropriate university official will notify the complainant and person(s) accused in writing of the delay, and provide an estimate of the time frame for completion of the investigation.

8065.8 Retaliation Prohibited

It is a violation of WSU policy and Federal regulations to retaliate against anyone who files a complaint, grievance, or cooperates in the investigation of a grievance. Discrimination against any individual because he or she reported violations under the Gender-Based Harassment and Violence Policy, or made a complaint, testified, assisted, or participated in any investigation or proceeding, is prohibited. Coercion or intimidation of, threats toward, or interference with anyone because he or she exercised or enjoyed their rights under the Gender-Based Harassment and Violence Policy, or helped or encouraged someone else to do so, is also prohibited.

8065.9 Accommodations

  1. Students - Wright State University provides a number of accommodations to students who have been victims/survivors of Title IX Offenses. The list below, although not exhaustive, is illustrative of accommodations that are offered.
    • Assist the student in attending to any medical needs and can arrange for a professional staff member to accompany the student to the hospital if requested by the student.
    • Assist the student in contacting a support person such as a friend or parent if desired.
    • Assist the student in connecting with the police and community standards and student conduct to obtain a restraining order or other lawful order of protection or a no-contact order.
    • Provide academic, health and wellness, and residential support services.
    • Assist the student in securing a safe place to live. If the student lives on campus, she/he should be offered a room reassignment or change in her/his living situation.
    • Assist the student with visa issues if appropriate.
    • Assist the student in filing a complaint with the Wright State University Police if on campus and/or other appropriate law enforcement jurisdiction if the incident occurred off-campus.
    • Inform the student of his of her right to pursue a gender-based harassment and violence disciplinary complaint against an accused student with the Office of Community Standards and Student Conduct. If the accused is someone other than a student (e.g., a university employee, vendor, contractor or visitor) the Director will inform the student of his or her right to pursue complaints using the appropriate university process. The university's disciplinary processes address a much broader range of offenses than the criminal law.
  2. Faculty and Staff - Wright State University provides a number of interim support services, upon request, to staff and faculty members who have been victims/survivors of Title IX Offenses.

    No police report, disciplinary complaint or investigation need occur before this option is available. The Title IX Coordinator will exercise discretion and sensitivity about sharing the identity of the victim/survivor when arranging for interim support services. A victim/survivor can access these services at any time, even if the person initially declined the service.

    These Services include, but are not limited to the following:

    • Assist the employee in immediately attending to any medical needs. The Coordinator can arrange for a professional staff member to accompany the employee to the hospital, if requested by the employee.
    • Assist the employee in contacting a support person such as a friend or family member, if desired.
    • Assist the employee in obtaining a university no-contact order or a court-issued restraining order or other lawful order of protection.
    • Provide information on medical and psychological resources available.
    • Change working conditions.
    • Provide transportation/parking options.
    • Arranging for a voluntary leave of absence (using sick leave, FMLA, or personal leave as appropriate).
    • Assist the employee in filing a complaint with Wright State University Police if on-campus and or other appropriate police department if off-campus.
    • Inform the employee of the option to have the matter investigated by the Office of Equity and Inclusion and provide periodic updates on the status of any investigation.
    • Providing the victim/survivor with information from Impact Solutions employee assistance program.
    • Other support services upon request and if reasonable available.

If interim support services are desired or accommodations are necessary due to an injury or disability, faculty or/staff survivors may contact a human resources representative at (937) 775-2120 or the Americans with Disabilities Act Coordinator at (937) 775-3207 or via email at oei-ada@wright.edu.

*The Title IX Coordinator is required by law to notify appropriate law enforcement authorities of any sexual assault, domestic violence, dating violence, and stalking reported for the purpose of data collection.

8065.10 Sanctions

  • Students: Office of Community Standards and Student Conduct http://www.wright.edu/community-standards-and-student-conduct/code-of-student-conduct/sanctions
    • Warning
    • Educational Sanction
    • Parental Notification
    • Alcohol Violation Sanctioning
    • Drug Violation Sanctioning
    • Restitution
    • Fine/Administrative Fee
    • Probation
    • Loss of Privilege
    • Termination of Recognition
    • No Contact Order
    • Suspension
    • Summary Suspension
    • Residential Summary Suspension
    • Deferred Suspension
    • Expulsion
  • Non-Bargaining Unit Faculty and Staff: Human Resources - The university utilizes a number of sanctions for disciplinary purposes for staff based on the egregiousness of the situation and the circumstances involved. The following option exist:
    • Mandatory training required
    • Mandatory referral to Employee Assistance Program (EAP)
    • Performance Improvement Plan (PIP)
    • Verbal counseling
    • Written warning
    • Suspension (of various lengths)
    • Demotion of position and pay
    • Termination
  • Bargaining Unit Faculty: Provost Office - Bargaining unit faculty disciplinary procedures are outlined in Article 14 of the Collective Bargaining Agreements between the AAUP-WSU and the university covering both TET and NTE faculty.

8065.11 Appeals

  • Students: Office of Community Standards and Student Conduct

    The appellate process is designed to ensure the integrity of the deliberations and decisions of the university hearing panel(s) and/or the decisions of a conduct officer. A student or complainant who has participated in a conduct conference with the director or designee or a CRP hearing, may appeal the decision to the University Appeals Panel (UAP). The appellate decision of the UAP is final.

    In all cases, a detailed, written appeal must be submitted within five business days after the date of the conference or hearing decision has been made. The appeal must be in writing and delivered to the Office of Community Standards and Student Conduct. The director or designee is responsible for processing all appeals as described in this code.

    A student or complainant may request an appeal on one or more of the following:

    ♦ The student or complainant has been deprived of his or her rights as defined herein.
    ♦ The facts appear to be insufficient to establish the violation.
    ♦ The sanction(s) imposed by the officer/body of original jurisdiction was not justified by the nature of the offense.
    ♦ To consider new evidence, sufficient to alter a decision or other relevant facts not brought out in the original hearing, because such evidence and/or facts
    were not known to the person appealing at the time of the original hearing.

    The appeal should state in plain and simple language that the decision is being appealed. An appeal also should describe, in plain and simple language, each error of procedure or fact allegedly made by the conduct officer or hearing panel and the facts that support the student's or complainant's assertion that an error was made.

    The panel examines the hearing or other records to determine whether the procedures employed were proper, whether the decision is adequately supported by the documents, testimony, or other evidence, or the propriety of any sanction imposed, or new evidence presented. The UAP may approve the decision of the hearing panel or director, return the matter to the panel or director for further action. If the UAP finds no substantive error(s) that would have changed the original decision of the panel or director, the decision shall stand.

    The appellate process differs from that of the hearing. The UAP does not hear testimony from witnesses; consider documents or other evidence not previously considered by the hearing body unless the appeal is based upon the discovery of new information and/or evidence. The Appeals Board may, however, permit the student and complainant who has appealed and the conduct officer to make oral arguments and answer questions posed by the board. Furthermore, after oral arguments and questioning are complete, the UAP will meet in closed session to review records, including any tapes or transcripts, and to determine whether the procedural and substantive decisions made were proper. If not procedural or substantive errors were made which would have significantly affected the outcome of the hearing, the decision of the hearing panel will be upheld..

    If, however, there were procedural or substantive errors significantly affecting the outcome of the hearing, the UAP may remand the case to the hearing panel or director for appropriate action. The findings of the UAP will be mailed to the student and complainant within five business days of the date of the decision(s) of the UAP. The decision(s of the UAP is final.

  • Non-Bargaining Unit Faculty and Staff: Office of Equity and Inclusion

    Either the complainant (the alleged victim if different from the complainant) or the person alleged to have violated this policy may request a review of the written decision of the Office of Equity and Inclusion. A review of the written decision is only available to Wright State University community members. The request for review must be made in writing, stating the reasons for the request and must be forwarded to the Associate Provost within fifteen days of receiving the decision of the Office of Equity and Inclusion.

    The Associate Provost shall issue a written decision in response to the appeal no later than thirty days after its filing. In the report from the Associate Provost, the following possible outcomes will be considered:

    (1.) Affirm or reverse the finding of no reasonable cause.
    (2.) Affirm or reverse the finding of reasonable cause.
    (3.) Remand the matter back to the Office of Equity and Inclusion for additional investigation and a supplementary report base on
    the addition investigation.
    (4.) Affirm or recommend modifying any recommendations made by the Office of Equity and Inclusion.

    If the Associate Provost concludes that reasonable cause exists to believe that this policy has been violated, it may instruct the Office of Equity and Inclusion to take immediate action to eliminate the harassment or discrimination.

  • Bargaining Unit Faculty: Provost Office

    If a Bargaining unit faculty member or AAUP-WSU is dissatisfied with a disciplinary outcome they may take action under Article 16 Grievance and Arbitration of the Collective Bargaining Agreements between the AAUP-WSU and the university covering both TET and NTE faculty.

8065.12 Making Reports

The information needed to make a report should include as detailed an account of the circumstances as possible.

  1. Confidential Report

    The university will work to safeguard the Personally Identifying Information (PII) and privacy of those who report gender-based harassment and violence or seek assistance to the extent possible and permitted by law. However, it is important that limits on confidentiality are understood.

    Personally Identifying Information includes:
    • A first and last name;
    • A home or other physical address;
    • Contact information;
    • Social Security Number; and
    • Any other information, including date of birth, racial or ethnic background, or religious affiliation.

      The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (formerly the Campus Security Act) as amended by the Campus Sexual Violence Elimination Act (Campus SaVE Act 2013), requires that all university officials with significant responsibility for campus and student activities report any incident of alleged sexual misconduct, including sexual assault and other forms of gender-based harassment or violence.

      However, if the reporting person does not wish to be identified, a third-party report that does not include the reporting person's Personally Identifying Information must be made.

      Individuals should always confirm whether confidentiality applies. Generally confidentially applies only when services are sought from the following persons:
       
    • Counseling & Wellness Services counselor
    • Psychologist
    • Psychiatrist
    • Health care provider
    • Personal attorney
    • Religious/spiritual counselor

      Other university employees cannot guarantee confidentiality, but will be as discreet as possible when sharing information with others. Information is disclosed to appropriate university officials who have an essential need to know in order to carry out their university responsibilities.

      Wright State University must balance the needs of the individual with its obligation to protect the safety and well-being of the university community. Therefore, based on the information contained within the report, additional action may be necessary, to include but is not limited to, summary suspension, housing relocation, class reassignment, no contact order, administrative leave and campus safety alerts. It is noted that the alert will not contain any information that identifies the reporter/alleged victim.
       
  2. Police Report

    Individuals who are victims of gender-based harassment or violence are encouraged to promptly report the incident. If the individual is incapacitated for any reason, a report should be made on behalf of the person. Wright State University strongly encourages anyone affected by or with knowledge of an incident to immediately report gender-based harassment or violence to the Wright State University Police Department at (937) 775-2111 or 911 from any campus phone. The criminal investigation of a complaint will not preclude or delay an administrative investigation of any complaint.

    Offenses occurring on-campus:

    Individuals should contact the Wright State University Police Department directly at (937) 775-2111 (non-emergency) or 911 (emergency) from any campus phone to file a police report. Wright State Police officers will respond quickly with sensitivity and compassion. In the case of a report involving a student, the WSU Police Department will promptly notify the Director of Student Support Services, at 022 Student Union, 3640 Colonel Glenn Hwy, Dayton, Ohio 45435, (937) 775-5742 (http://www.wright.edu/police/).

    Offenses occurring off-campus:

    Individuals should contact the local law enforcement jurisdiction by calling 911 (emergency). Upon request, the Wright State University Police will assist the responding law enforcement jurisdiction as required. Upon notification of an incident involving a student, WSU Police Department will promptly notify the Director of Student Support Services, at 022 Student Union, 3640 Colonel Glenn Hwy, Dayton Ohio 45435, (937) 775-5742.

  3. Report to the Office of Community Standards and Student Conduct

    If the accused is a Wright State student, individuals are urged to file a disciplinary complaint with the Office of Community Standards and Student Conduct, (937) 775-4240. A criminal investigation and the disciplinary complaint process with the Office of Community Standards and Student Conduct may proceed simultaneously, however findings in the criminal investigation have no bearing on the determination of whether a violation of the student code of conduct has occurred. The criminal investigation of a complaint will not preclude or delay an administrative investigation of any complaint.(https://www.wright.edu/community-standards-and-student-conduct).

    Upon request, the Wright State University Police Department, the Office of Community Standards and Student Conduct, the Office of Student Support Services or the Women's Center, will assist students in notifying the appropriate law enforcement jurisdiction in the event of an on or off-campus incident or gender-based harassment or violence.

  4. Report to Student Support Services

    Students may elect to report an incident of gender-based harassment or violence directly to the Director of Student Support Services, at 022 Student Union, 3640 Colonel Glenn Highway, Dayton, OH 45435, (937) 775-5742. In addition to taking report information, the Director will:
     
    • Assist the student in attending to any medical needs and can arrange for a professional staff member to accompany the student to the hospital if requested by the student.
    • Assist the student in contacting a support person such as a friend or parent if desired.
    • Assist the student in connecting with the police and community standards and student conduct to obtain a restraining order or other lawful order of protection or a no-contact order.
    • Provide academic, health and wellness, and residential support services.
    • Assist the student in filing a complaint with the Wright State University Police if on campus and/or other appropriate law enforcement jurisdiction if theincident occurred off-campus.
    • Inform the student of his or her right to pursue a gender-based harassment and violence disciplinary complaint against an accused student with the Office of Community Standards and Student Conduct. If the accused is someone other than a student (e.g., a University employee, vendor, contractor or visitor) the
    • Director will inform the student of his or her right to pursue complaints using the appropriate university process. The university's disciplinary processes address a much broader range of offenses than the criminal law.
    • Additional resources:
    • Students may also report an incident to officials of the WSU Women's Center. http://www.wright.edu/administration/womensctr/

8065.13 University Resources

Counseling & Wellness Services:
http://www.wright.edu/counseling/
Faculty and Staff Assistance Program:

http://www.wright.edu/sites/www.wright.edu/files/page/attachements/eap2014.pdf
Human Resources:
http://www.wright.edu/human-resources
Office of Community Standards & Student Conduct (OCSSC):
http://www.wright.edu/community-standards-and-student-conduct
Office of Disability Services:
http://www.wright.edu/disability-services
Office of Equity and Inclusion:
http://www.wright.edu/administration/affirm/index.html
Office of Student Support Services:
http://www.wright.edu/students/studsupport/
Student Health Services:
https://www.wright.edu/student-health-services
Student Legal Services:
http:///www.wright.edu/student-legal-services
University Police Department:
http://www.wright.edu/police/
Women's Center:
http://www.wright.edu/administration/womensctr/

Title IX Coordinator:
Director of the Office of Equity and Inclusion
436 Millett Hall
(937) 775-3207
oei-title9@wright.edu

Deputy Title IX Coordinators:

For complaints against students:
Assistant Vice President for Student Affairs
W022 Student Union
(937) 775-4240
cssc-title9students@wright.edu

For complaints against faculty:
Associate Provost for Faculty and Staff Affairs
Office of the Provost
268 University Hall
(937) 775-3036
assocprovost-title9@wright.edu

For complaints in Intercollegiate Athletics:
Assistant Athletic Director and Senior Woman Administrator
Department of Athletics
356 Ervin J. Nutter Center
(937) 775-2721
athletics-title9@wright.edu

For complaints against staff and other members of WSU employment community:
Assistant Director of the Office of Equity and Inclusion
436 Millett Hall
(937) 775-3207
oei-title9@wright.edu

Human Resources Employee Relations Team
Department of Human Resources
115 Medical Sciences Bldg.
(937) 775-3843/(937) 775-4976
humanresources-title9@wright.edu

8065.14 Local Agency Resources

8065.15 Outside Agency Resources