Sex/Gender-Based Harassment, Discrimination, and Sexual Misconduct Policy

1270.1 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 sex, 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. Sex/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.

The university believes in zero tolerance for sex and gender-based misconduct. Zero tolerance means that when an allegation of misconduct is brought to the appropriate administrator’s attention, protective and other remedial measures will be used to reasonably ensure that such conduct ends, is not repeated, and the effects on the victim and community are remedied, including sanctions when a responding party is found to have violated this policy. This policy has been developed to reaffirm these principles and to provide recourse for those individuals whose rights have been violated. This policy is intended to define community expectations and the accompanying procedures establish a mechanism for determining when those expectations have been violated.

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

1270.2 Assistance with the Policy

  1. Dayton Campus Survivor Advocate and Case Manager

    The university Campus Survivor Advocate and Case Manager is a confidential resource for students who have experienced sex/gender-based violence, know someone who has experienced sex/gender-based violence, or wants more information about the resources available. As part of this role, the Survivor Advocate and Case Manager can assist with understanding the policies and procedures around sex/gender-based violence in order to help survivors make the best decisions they can for themselves with all the information. Additional services include: safety planning, information about reporting options, hospital accompaniment, legal referral and accompaniment, student conduct accompaniment, temporary housing accommodations, victim assistance compensation fund application, community and other on-campus referral, and more. As a grant-funded position by the Ohio Attorney General’s office, services provided by the Survivor Advocate and Case Manager can only be accessed to support those who are primary or secondary victims of crime.

    Corrie Pleska, LSW, MSW
    Survivor Advocate and Case Manager
    022 Student Union
    937-775-3746
    937-775-2727 *24 hour crisis on-call
    corrie.pleska@wright.edu
     
  2. Lake Campus Advocate:  Similar advocacy services for survivors are provided at Lake Campus through Van Wert’s YWCA.

    Jodi Brummette
    YWCA of Van Wert County
    187 Andrews Hall
    jwallenhorst@ywcavanwertcounty.org
    419-203-5312
    419-586-1133 *24 hour helpline
    https://lake.wright.edu/campus-life/lake-campus-advocate
     
  3. Process Advisors
    Faculty and staff, trained in the Student Conduct process, are available as process advisors for students upon request. These individuals only serve to inform and answer questions about the process and do not act as an advocate during hearings or other process related meetings.
     
  4. Employee Resources

    The Employee Assistance Program (EAP) is a confidential employee assistance resource for all employees—regardless of benefit eligibility—and family members in their home, as well as dependents living away from home (up to the age of 26) and the employee’s parents and parents in-law. EAP services are provided at no cost to employees, and include:

    1. 24/7 live toll-free telephone access to licensed and experienced counselors offering guidance, counseling, problem-solving and referral services
    2. A customized local/national provider network offering face-to-face counseling
    3. 6 complimentary face-to-face counseling sessions per person, per occurrence

    For more information: https://www.wright.edu/human-resources/benefits/additional-miscellaneous-benefits/employee-assistance-program

1270.3 Title IX Coordinator

The university’s Title IX Coordinator oversees compliance with all aspects of the Sex/Gender-Based Harassment, Discrimination, and Sexual Misconduct Policy. The Coordinator reports to the Chief Diversity Officer, and is housed in the Office of Equity and Inclusion. Questions about this policy should be directed to the Title IX Coordinator. Anyone wishing to make a report relating to this policy from either the Dayton or Lake campus may do so by reporting the concern to the university Title IX Coordinator:

Lindsay Miller, JD
Title IX Coordinator
Office of Equity and Inclusion
280 University Hall
Wright State University, Dayton Campus
937-775-3207
Oei@wright.edu

Additionally, anonymous reports can be made by victims and/or third parties using the online reporting form posted at http://www.wright.ethicspoint.com or the reporting hotline at 1-855-353-3783. Note that utilizing the anonymous reporting tool may limit the university’s ability to investigate the matter.

Individuals experiencing harassment or discrimination also always have the right to file a formal grievance with government authorities:

Office for Civil Rights (OCR)
Cleveland Office
U.S. Department of Education
1350 Euclid Avenue, Suite 325
Cleveland, Ohio 44115
Customer Service Hotline #: (216) 522-4970
Facsimile: (216) 522-2573
Tdd#: (877) 521-2172
Email: OCR.Cleveland@ed.gov
Web: http://www.ed.gov/ocr

U.S. Department of Justice Civil Rights Division
950 Pennsylvania Avenue, N.W.
Educational Opportunities Section, PHB
Washington, D.C. 20530
By e-mail to education@usdoj.gov
By telephone at (202) 514-4092 or 1-877-292-3804 (toll-free)
By facsimile at (202) 514-8337

In the event that an incident involves alleged misconduct by the Title IX Coordinator, reports should be made directly to the Chief Diversity Officer.

Because the Chief Diversity Officer position is being filled by the Title IX Coordinator on an interim basis, reports alleging misconduct by the Title IX Coordinator should be made directly to:

Kelli Tittle, JD
Director of Compliance
Office of Audit, Risk & Compliance
358 University Hall
Wright State University
937-775-2651
compliance@wright.edu

1270.4 Scope and Jurisdiction

This policy, and its procedures, applies to Wright State University employees, students (which may include prospective students, including those being recruited for athletics or other competitive university activities or programs), student organizations, 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.

There is no time limitation on the filing of complaints, as long as the responding party remains subject to the university’s jurisdiction or a remedy is available to the reporting party. The university encourages prompt reporting because witnesses’ memories and availability typically are better closer in time to the incident(s). Note that the university’s ability to move forward in reviewing or investigating any matter depends on a number of factors including, but not limited to, knowledge of impacted party’s identity and/or the impacted party’s willingness to provide sufficient information to initiate and pursue a formal investigation.

This policy applies to behaviors that take place on the campus, at university-sponsored events including travel abroad, and may also apply off-campus and to actions online when the Title IX Coordinator determines that the off-campus or online conduct affects a substantial university interest. A “substantial university interest” is defined to include:

  1. Any action that constitutes a criminal offense as defined by federal, state, or local law whether the action takes place on the university’s campus or elsewhere;
  2. Any situation in which it appears that the Responding Party may present a danger or threat to the health or safety of self or others;
  3. Any situation that significantly impinges upon the rights, property or achievements of self or others or significantly breaches the peace and/or causes social disorder;
  4. Any situation that is detrimental to the educational interests or mission of the university;
  5. Any online postings or other electronic communication by students, including cyber-bullying, cyber-stalking, cyber-harassment, etc., including those occurring outside of the University’s control (e.g., not on University networks, websites or between University email accounts), will be subject to this policy when those online behaviors are brought to the attention of the Title IX Coordinator and may cause or have the potential to cause a substantial on-campus disruption;
  6. Off-campus discriminatory or harassing communication that is directed at a protected class (or should reasonably be known to have a negative impact on a protected class) by an employee when such speech is made in an employee’s official or work-related capacity.

The university uses the preponderance of the evidence (also known as “more likely than not”) as a standard for proof of whether a violation occurred. In campus resolution proceedings, legal terms like “guilt, “innocence” and “burdens of proof” are not applicable, but the university never assumes a responding party is in violation of university policy. Campus resolution proceedings are conducted to take into account the totality of all evidence available, from all relevant sources.

1270.5 Prohibited Behaviors

  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. Domestic Violence - 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. (e.g., physical abuse, sexual abuse, spiritual abuse, financial abuse, mental/emotional abuse, abuse of pet, controlling and/or monitoring behaviors, verbal abuse)
     
  3. Dating Violence - 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 type of relationship and the frequency of interaction between the persons involved in the relationship. While the length of the relationship is not determinative, it should nonetheless be considered with the totality of the facts. (e.g., consistent monitoring of social media accounts and/or digital conversations, belittling comments, isolation from support system)
     
  4. Fondling - Non-consensual touching of another person’s body for the purpose of sexual gratification, including instances where the victim is incapable of giving consent because of his/her age and/or because of his/her temporary or permanent mental incapacity. (e.g., squeezing an individual’s buttocks, groping an individual’s breasts)
     
  5. Incest - Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law. (e.g., engaging in sexual activity with a sibling)
     
  6. Rape - The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim. (e.g. physically forcing an individual to engage in sexual activity, using alcohol and/or drugs to facilitate sexual activity)
     
  7. Statutory Rape - Non-forcible sexual intercourse with a person who is under the statutory age of consent. (e.g. an individual over the age of 18 engaging in sexual activity with an individual under the age of 16)
     
  8. Sexual Harassment - unwelcome, sexual, sex-based and/or gender-based verbal, written, online and/or physical conduct[1]. Sexual harassment may be disciplined when it takes the form of quid pro quo harassment, retaliatory harassment and/or creates a hostile environment.
     
    1. A hostile environment is created when sexual harassment is sufficiently severe, or persistent or pervasive, and objectively offensive that it unreasonably interferes with, denies or limits someone’s ability to participate in or benefit from the university’s educational and/or employment, social and/or residential program.
       
    2. Quid Pro Quo Harassment is unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, by a person having power or authority over another constitutes sexual harassment when submission to such sexual conduct is made either explicitly or implicitly a term or condition of rating or evaluating an individual’s educational or employment progress, development, or performance.
       
      1. This includes when submission to such conduct would be a condition for access to receiving the benefits of any educational or employment program.

    Examples include, but are not limited to: an attempt to coerce an unwilling person into a sexual relationship; to repeatedly subject a person to egregious, unwelcome sexual attention; to punish a refusal to comply with a sexual based request; to condition a benefit on submitting to sexual advances; sexual violence; intimate partner violence, stalking; gender-based bullying.

  9. Sexual Exploitation -This occurs when one person takes non-consensual or abusive sexual advantage of another for their own advantage or benefit, or the benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of the other sexual misconduct offenses. (e.g., Invasion of privacy; Prostituting another person; Non-consensual digital, video or audio recording of nudity or sexual activity; Unauthorized sharing or distribution of digital, video or audio recording of nudity or sexual activity; voyeurism; Going beyond the boundaries of consent (such as letting your friend hide in the closet to watch you having consensual sex); Knowingly exposing someone to or transmitting an STI, STD, or HIV to another person; Intentionally or recklessly exposing one’s genitals in non-consensual circumstances, inducing another to expose their genitals; Sexually-based stalking and/or bullying may also be forms of sexual exploitation)
     
  10. Retaliation - 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. Retaliation is defined as any adverse action taken against a person participating in a protected activity because of their participation in that protected activity subject to limitations imposed by the 1st Amendment and/or Academic Freedom. Retaliation against an individual for an allegation, for supporting a reporting party or for assisting in providing information relevant to an allegation is a serious violation of university policy. Discrimination against any individual because they reported violations under this 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 they exercised or enjoyed their rights under this policy, or helped or encouraged someone else to do so, is also prohibited. (e.g., requesting friends threaten reporting party, damaging the reporting party's property, stalking the reporting party's residence, place of work, classes, etc., utilizing social media and/or technology to harass the reporting party, sharing personal photos of the reporting party without their consent.)

[1]Purpose of intent is not an element of sexual harassment.

1270.6 Other Prohibited Behaviors When Based on Sex or Gender

  1. Threatening or causing physical harm, extreme verbal abuse, or other conduct which threatens or endangers the health or safety of any person;
  2. Discrimination, defined as actions that deprive other members of the community of educational or employment access, benefits or opportunities on the basis of sex or gender;
  3. Intimidation, defined as implied threats or acts that cause an unreasonable fear of harm in another;
  4. Hazing, defined as acts likely to cause physical or psychological harm or social ostracism to any person within the university community, when related to the admission, initiation, pledging, joining, or any other group-affiliation activity
  5. Bullying, defined as
    1. Repeated and/or severe
    2. Aggressive behavior
    3. Likely to intimidate or intentionally hurt, control or diminish another person, physically or mentally
    4. That is not speech or conduct otherwise protected by the 1st Amendment.
  6. Power Based Violence, defined as a pattern of behavior, exerted by a person with a form of actual/perceived power over another person, aimed at gaining and maintaining power and control over another person by using abusive tactics intended to threaten, coerce, intimidate and/or scare the victim.
  7. Stalking, defined asa pattern of non-consensual behavior by telephone, mail, electronic communication, social media, or any other action, and/or device that makes you feel afraid, nervous, harassed, or in danger. Stalking occurs when someone repeatedly contacts you, follows you, sends you things, talks to you when you don’t want them to, or threatens you. (e.g., 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.)
  8. Any other University policies may fall within this section when a violation is motivated by the actual or perceived membership of the reporting party’s sex or gender.

1270.7 Additional Applicable Definitions

  1. Consent - This is the act of knowingly 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.

    Consent is clear, and knowing, and voluntary, words or actions, that give permission for specific consensual activity.
     
    1. Consent is active, not passive.
    2. Silence, in and of itself, cannot be interpreted as consent.
    3. Consent can be given by words or actions, as long as those words or actions create mutually understandable permission regarding willingness to engage in (and the considerations of) sexual activity.
    4. Previous relationships or prior consent cannot imply consent to future sexual acts.
    5. Consent can be withdrawn once given.
    6. In order to give consent, one must be of legal age. In Ohio, the legal age of consent is 16 years of age.
    7. Sexual activity with someone you know to be or should know to be incapacitated constitutes a violation of this policy.
       
      1. Incapacitation can occur mentally or physically, from developmental disability, by alcohol or other drug use, or blackout.[1]
      2. The question of what the responding party should have known is objectively based on what a reasonable person in the place of the responding party, sober and exercising good judgment, would have known about the condition of the reporting party.
      3. Incapacitation is a state where someone cannot make rational, reasonable decisions because they lack the capacity to give knowing consent (e.g., to understand the “who, what, when, where, why or how” of their sexual interaction).
      4. This policy also covers a person whose incapacity results from mental disability, sleep, unconsciousness, involuntary physical restraint, or from the taking of rape drugs.
         
  2. Force: Force is the use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation (implied threats) and coercion that overcomes free will or resistance or that produces consent (“Have sex with me or I’ll hit you. Okay, don’t hit me, I’ll do what you want.”).
     
    1. Coercion is unreasonable pressure for sexual activity. When someone makes clear to you that they do not want sex, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive.
    2. NOTE: There is no requirement for a party to resist the sexual advance or request, but resistance is a clear demonstration of non-consent. The presence of force is not demonstrated by the absence of resistance. Sexual activity that is forced is by definition non-consensual, but non-consensual sexual activity is not by definition forced.

[1]Blackout, as it is used in scholarly literature, refers to a period where memory formation is blocked. A period of consistent memory loss is termed a blackout, whereas periods where memory is both lost and formed intermittently can be referred to in the literature as a brownout. Neither state of blackout nor brownout automatically indicates incapacitation, but factual context can establish that a blackout or a brownout is occurring in an individual who is incapacitated (where incapacity is defined as an inability to make rational, reasonable decisions or judgments). It is a mistake to automatically associate memory loss with incapacitation; they are often coupled, but not always. (see e.g.: Mundt & Wetherill – 2012; NIH 2004)

1270.8 Policy for Consensual Romantic and/or Sexual Relationships

It is the responsibility of the institution to guarantee that every member has the freedom to pursue their academic and professional interests in an environment without preferential or unfair treatment, discrimination, or bias. Even where fully consensual, romantic or sexual relationships between instructors or other authority figures and students affect more than just the parties in the relationship. They can harm the overall academic environment by compromising the authority’s professional judgment and impartiality then and in the future, impacting grading, distribution of resources, academic or professional recommendations, and more. They often undermine collegial dynamics among the students themselves because of rumored or actual favoritism. They can tarnish the academic reputation of the instructor, the student, the field, and Wright State itself. Regardless of their outcome, their presence can linger within the careers of all parties, potentially driving the student from their discipline or hampering their lifelong academic and professional progress.

There are special risks in any sexual or romantic relationship between individuals in inherently unequal positions of power. These relationships may be subject to concerns about the validity of consent and unfair treatment of other students or employees. Such relationships can undermine the atmosphere of trust essential to the educational process and the employment relationship. They may, moreover, be less consensual than the individual whose position confers power believes. The apparent consensual nature of the relationship is inherently suspect due to the fundamental asymmetry of power in the relationship and it thus may be difficult to establish consent as a defense to a charge. Even when both parties consented at the outset to a romantic or sexual involvement, this past consent does not remove grounds for or preclude a charge or subsequent finding of sexual harassment based upon subsequent unwelcome conduct. The greater the institutional power differential that exists the greater risk there is for exploited consent. Exploited consent exists when consent to a relationship is given as a function of the position of power one individual occupies over another within an institution. Many international students, faculty, and staff come from cultures in which deference to any authority figure is important and sexual harassment laws do not exist. Some individuals may be especially vulnerable to exploitive relationships given cultural, language, and immigration/visa issues. Faculty, staff, and students should be very careful to avoid relationships that may be exploitive in nature.

  1. Terminology and Scope

    This policy addresses sexual and romantic relationships that are consensual and have a dynamic that involves or reasonably could involve a power imbalance. This means that one individual in the relationship (the authority) can or could influence the academic or professional progress of the other (the subordinate). The policy largely applies only to those situations in which the subordinate is a student or postgraduate. The authority is typically a faculty member, but it can also be a student, postgraduate, or member of the non-academic staff.

    For purposes of this policy post-docs, visiting critics, visiting fellows, and professional school interns/residents are postgraduates. All other academic title-holders are faculty from the standpoint of this policy, including those whose titles are modified by “visiting,” “courtesy,” “acting,” “adjunct,” or “emeritus.”

    This policy section only pertains to consensual relationships. The remaining policy sections cover discrimination, harassment, and sexual and related misconduct.
     
  2. Prohibited Relationships
     
    1. Relationships with Students - The freedom to choose courses, fields of study, and advisors is essential to education and research at Wright State University. Students and postgraduates have the right to pursue their academic and professional interests in an environment free from preferential or unfair treatment, discrimination, or bias, and the potential for coercion. Romantic or sexual relationships between academic authorities and subordinates are prohibited whenever those relationships interfere with that right. Specifically:
      1. Sexual or romantic relationships between employees (including faculty and staff) and undergraduate students are prohibited regardless of department, school or college affiliation
      2. Sexual or romantic relationships between any employees (including faculty or staff) and graduate or professional students are prohibited whenever both parties are affiliated with the same graduate field or degree program
      3. Sexual or romantic relationships between employees (including faculty and staff) and undergraduate students are prohibited regardless of department, school, or college affiliation
      4. Any employee (faculty or staff) who has, or has had, a sexual or romantic relationship with a current student or current postgraduate is prohibited from exercising academic or professional authority over that student or postgraduate.

        Positions of academic or professional authority include but are not limited to course instructors, course graders, teaching assistants, special committee members, and other positions of evaluation, including academic, dissertation, research or thesis advisors; work-study or other student supervisors; advisors; coaches; residential life staff; the director or associate director of a degree program, field, laboratory, research group, or center; the chair or associate chair of a department; and deans

      Exceptions to these prohibitions can be made in cases of preexisting relationships or where the prohibition restricts educational or research opportunities or induces economic hardship for the subordinate. Exceptions require disclosure, approval, and recusal.

    2. Important Advisory Statement on Relationships Between Individuals of Different University Status

      Consensual relationships between individuals of different University status that occur outside the instructional or direct supervisory context can also lead to difficulties and are strongly discouraged. In a personal relationship between an instructor or other officer and an individual for whom the instructor or other officer has no current professional responsibility, the instructor or other officer should be sensitive to the possibility that they may unexpectedly be placed in a position of responsibility for that individual’s instruction or evaluation. This could involve being called upon to write a letter of recommendation or to serve on an admissions or selection committee involving the individual. In addition, one should be aware that others may speculate that a specific power relationship exists even when there is none, giving rise to assumptions of inequitable academic or professional advantage for the student involved. Although graduate students, teaching fellows, tutors, researchers, and undergraduate course assistants etc. may be less accustomed than faculty members to thinking of themselves as being in a position of greater authority by virtue of their professional responsibilities, they should recognize that they might be viewed as more powerful than they perceive themselves to be.
       
    3. Relationships Between Employees

      Consensual relationships between employees (including faculty and staff) at the university who occupy inherently unequal positions of authority are problematic. It is important that the person in the position of greater authority does not exercise any supervisory or evaluative function over the other person in the relationship. Employees who find themselves in a relationship prohibited by this section must disclose the relationship (to either Human Resources or the Office of the Provost) so that the university may begin implementing safeguards for the subordinate as soon as possible.

      Exceptions to these prohibitions can be made in cases of preexisting relationships or where the prohibition restricts educational or research opportunities or induces economic hardship for the subordinate. Exceptions require disclosure, approval, and recusal.
       
  3. Enforcement Procedures/Violations

    Violations of this policy must be reported to Human Resources (for staff) or the Office of the Provost (for faculty). Human Resources or the Provost will investigate or review the alleged violation and determine appropriate action. Investigations of violations of this section of the policy, and any discipline as a result, shall be done in accordance with the university policy, procedure, or collective bargaining agreement applicable to the individual involved.

    The Office of Equity and Inclusion shall be provided records of policy violations. Sanctions will be proportionate to the amount of harm rendered by the violation. Prior violations will be taken into account. In all cases, the authority must be removed from power over the subordinate. Any harm rendered to a subordinate that results from a violation of this policy must be remedied by the authority’s unit under the guidance of the Office of Equity and Inclusion, the Provost’s Office and/or Human Resources.

1270.9 Interim Support Services

  1. Students - Wright State University provides a number of accommodations to students who are reporting and responding parties in these types of cases. The list below, although not exhaustive, is illustrative of accommodations that are offered.

    NOTE: 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 reporting party when arranging for interim support services. A reporting party can access these services at any time, even if the person initially declined the service.
     
    • Assist the student in attending to any medical needs and can arrange for a professional staff member to accompnay the student to the hospital if requested by the student.
    • Assist the student in attending to any mental health needs.
    • 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/or Community Standards and Student Conduct to obtain a restraining order or other lawful order of protection or a no-contact order.
    • Assist the student with University-related schedule or job assignments.
    • Assist the student in contacting legal resources.
    • Provide academic, health and wellness, and.
      1. Possible academic assistance may include but is not limited to changes in course sections, alternative course completion, rescheduling exams and assignments, etc. (final decision rests with course instructors)
    • Assist the student in securing a safe place to live. If the student lives on campus, she/he can 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 their right to pursue a 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.

    If interim support services are desired or accommodations are necessary due to an injury or disability, parties may contact the Americans with Disabilities Act Coordinator at (937) 775-5680 or via email at oei-ada@wright.edu.

  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. Faculty and staff are encouraged to seek support and obtain appropriate medical attention.

    NOTE: 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:
     
    • Assisting 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.
    • Assisting the employee in contacting a support person such as a friend or family member, if desired.
    • Assisting the employee in obtaining a university no-contact order or a court-issued restraining order or other lawful order of protection.
    • Providing information on medical and psychological resources available.
    • Reviewing the possibility of changing the work environment.
    • Providing alternative transportation/parking options.
    • Arranging for a voluntary leave of absence (using sick leave, FMLA, or personal leave as appropriate).
    • Assisting the employee in filing a complaint with Wright State University Police if on-campus and or other appropriate police department if off-campus. Title IX Coordinators are required by law to notify appropriate law enforcement authorities of any reported incident of sexual assault, or interpersonal violence.
    • Informing the employee of their right to have the matter investigated by the Office of Equity and Inclusion and to receive periodic updates on the status of any investigation.
    • Providing the victim/survivor with information from about the university employee assistance program.
    • Offering other support services upon request if reasonably 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.

1270.10 Sanctions

  1. 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
       
  2. Non-Bargaining Unit Faculty and Staff: Human Resources - The university utilizes a number of sanctions for progressive, corrective, disciplinary purposes for staff based on the egregiousness of the situation and the circumstances involved. The following are examples of sanctions the university may implement:
     
    • 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
    • Last chance agreement
    • Termination
       
  3. Bargaining Unit Faculty: Bargaining unit faculty disciplinary procedures are outlined in Articles 14, T15, and N15 of the Collective Bargaining Agreements between the AAUP-WSU and the university covering both TET and NTE faculty.

1270.11 Confidentiality, Privacy and Reporting

In order to make informed choices, it is important to be aware of confidentiality and mandatory reporting requirements when consulting campus resources. On campus, some resources may maintain confidentiality – meaning they are not required to report actual or suspected discrimination or harassment to appropriate university officials - thereby offering options and advice without any obligation to inform an outside agency or individual unless a victim has requested information to be shared. Other resources exist for a victim to report crimes and policy violations and these resources will take action when an incident is reported to them. The following describes the two reporting options at university:

  1. Confidential Reporting

    If a reporting party would like the details of an incident to be kept confidential, the reporting party may speak with:
    1. On-campus licensed professional counselors and staff
      1. For Faculty/Staff: Employee Assistance Program
      2. For Students: Counseling and Wellness Services
    2. Campus Survivor Advocates
    3. On-campus health service providers and staff
    4. On-campus members of the clergy/chaplains working within the scope of their licensure or ordination
    5. On-campus licensed attorneys at Student Legal Services
    6. Athletic trainers (if licensed, privileged under state statute and/or working under the supervision of a health professional)
    7. Off-campus:
      1. Licensed professional counselors
      2. Local rape crisis counselors
      3. Domestic violence resources,
      4. Local or state assistance agencies,
      5. Clergy/Chaplains

    All of the above employees will maintain confidentiality except in extreme cases of immediate threat or danger, or abuse of a minor. Campus counselors and/or the Employee Assistance Program are available to help free of charge and can be seen on an emergency basis during normal business hours. These employees will submit yearly anonymous, aggregate statistical information for Clery Act purposes unless they believe it would be harmful to a specific client, patient or parishioner.

    Other university employees cannot guarantee confidentiality, but will be as private 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.

  2. Formal Reporting Option with the University

    Only reports that are formally filed with the Title IX Coordinator will be acted upon by the university under this policy.

    If a victim does not wish for their name to be shared, does not wish for an investigation to take place, or does not want a formal resolution to be pursued, the victim may make such a request to the Title IX Coordinator, who will evaluate that request in light of the duty to ensure the safety of the campus and comply with federal law. In cases indicating pattern, predation, threat, weapons and/or violence, the university will likely not be able to honor a request for confidentiality. In cases where the victim requests confidentiality and the circumstances allow the university to honor that request, the university will offer interim support and remedies to the victim and the community, but will not otherwise pursue formal action.

    Formal reporting still affords privacy to the reporter, and only a small group of officials who need to know will be told, including but not limited to: Office of Equity and Inclusion, Division of Student Affairs, Human Resources, Office of the Provost, University Police, and the Student Concern Committee. Information will be shared as necessary with investigators, witnesses and the responding party. The circle of people with this knowledge will be kept as tight as possible to preserve a reporting party’s rights and privacy.

    Additionally, anonymous reports can be made by victims and/or third parties using the online reporting form posted at http://wright.ethicspoint.com or the reporting hotline at 1-855-353-3783. Note that these anonymous reports may prompt a need for the institution to investigate.

    Reports to the Title IX Coordinator can be made via email, phone or in person at the contact information below:

    Lindsay Miller, JD
    280 University Hall
    Wright State University, Dayton Campus
    937-775-3207
    Oei@wright.edu
     
  3. Formal Reporting Option with the Wright State Police Department

    Members of the university community also have the option to file a report with the Wright State Police Department. This report is separate from a formal report with the university in that it involves the criminal justice system. Wright State Community members are permitted to file a report with the police department in addition to a university report or instead of a university report.

    Greene County Victim Witness will be notified once an official police report has been made. An advocate from this program will then be assigned to assist the victim in all court proceedings until the case has been prosecuted or settled.

    If a community member files a police report with the Wright State Police, the Title IX Coordinator will be notified of the report and the Title IX Coordinator will make contact with the reporting party to let them know of their option to file formally with the university.
     
  4. Employee Reporting Obligations

    All university employees who are considered “Responsible Employees” are obligated to report. Responsible employees are not confidential resources. A responsible employee is a university employee who has the authority to address sexual misconduct, who has the duty to report incidents of sexual misconduct, or who is a member of the university community could reasonably believe has such authority or duty. A non-exhaustive list of responsible employees is contained in Appendix D that follows this policy. Generally, with the exception of the confidential resources discussed above, most employees to whom community members might reasonably report an incident of misconduct will be responsible employees.

    The University has identified and designated responsible employees to immediately report to the Title IX Coordinator any conduct that comes to the attention of the responsible employee that involves incidents of discrimination, harassment, sexual violence, interpersonal violence and stalking. This responsibility is critical because the University is obligated to address conduct about which a responsible employee knew or should have known. Employees with administrative or supervisory responsibilities on campus or who have been designated as Campus Security Authorities, are considered Responsible Employees.

    Reporting parties may want to consider carefully whether they share personally identifiable details with responsible employees as those details must be shared by the employee with the Title IX Coordinator and/or Deputy Coordinators. Responsible employees must share all details of the reports they receive. Generally, climate surveys, classroom writing assignments, human subjects research, or events such as Take Back the Night marches or speak-outs do not provide notice that must be reported to the Coordinator by employees. Remedial actions may result without formal university action.
     
  5. Reporting of Instances Involving Minors

    Anyone witnessing or otherwise knowing of a violation of this policy that involves a minor (generally, a non-WSU student, under the age of 18) should refer to the University’s Working with Minors and Children on Campus Policy. Any observed violations of that policy should be reported to University Police (937-775-2111) and the person in charge of the program. If abuse was witnessed by a “mandatory reporter” as defined by the Ohio Revised Code § 2151.421, the incident must also be reported to Greene County’s Children's Services at 937-562-6600 or the municipal or county peace officer.
     
  6. Attempted Violations

    In most circumstances, the university will treat attempts to commit any of the violations listed in this Policy as if those attempts had been completed.
     
  7. False Reports

    The university will not tolerate intentional false reporting of incidents. It is a violation to make an intentionally false report of any policy violation, and it may also violate state criminal statutes and civil defamation laws.
     
  8. Immunity for Reporting and Responding Parties and Witnesses

    The university community encourages the reporting of misconduct and crimes by victims and witnesses. Sometimes, victims or witnesses are hesitant to report to university officials or participate in resolution processes because they fear that they themselves may be accused of policy violations, such as underage drinking at the time of the incident. It is in the best interests of this community that as many victims as possible choose to report to university officials, and that witnesses come forward to share what they know. To encourage reporting, the university pursues a policy of offering victims of misconduct and witnesses amnesty from minor policy violations related to the incident.

    Sometimes, students are hesitant to offer assistance to others for fear that they may get themselves in trouble (for example, a student who has been drinking underage might hesitate to help take a sexual misconduct victim to the Campus Police). The university pursues a policy of immunity for students who offer help to others in need. While policy violations cannot be overlooked, the university will provide educational options, rather than punishment, to those who offer their assistance to others in need.
     
  9. Parental Notification

    The university will not contact your parents related to these incidents. Whether you are the reporting party or the responding party, the university’s primary relationship is to the student and not the parent. However, in the event of major medical, disciplinary, or academic jeopardy, students are strongly encouraged to inform their parents. University officials will directly inform parents when requested to do so by a student, in a life-threatening situation, or if an individual has signed the permission form at registration which allows such communication.
     
  10. Federal Statistical Reporting Obligations

    Certain campus officials – those deemed Campus Security Authorities - have a duty to report sexual assault, domestic violence, dating violence and stalking for federal statistical reporting purposes (Clery Act). All personally identifiable information is kept confidential, but statistical information must be passed along to campus law enforcement regarding the type of incident and its general location (on or off-campus, in the surrounding area, but no addresses are given) for publication in the Annual Security Report. This report helps to provide the community with a clear picture of the extent and nature of campus crime, to ensure greater community safety. Mandated federal reporters include: student/conduct affairs, campus law enforcement, local police, coaches, athletic directors, residence life staff, student activities staff, human resources staff, advisors to student organizations and any other official with significant responsibility for student and campus activities. The information to be shared includes the date, the location of the incident (using Clery location categories) and the Clery crime category. This reporting protects the identity of the victim and may be done anonymously.

1270.12 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
280 University Hall
(937) 775-3207
oei-title9@wright.edu

Survivor Advocate and Case Manager:

022 Student Union
937-775-3746
(937) 775-2727 *24 hour crisis line
corrie.pleska@wright.edu

1270.13 Local Agency Resources

Soin Medical Center:
Address: 3535 Pentagon Blvd., Beavercreek OH 45431
Phone number: (937) 702-4000
Website:http://www.ketteringhealth.org/soin/

Greene County Victim Witness
61 Greene Street, Suite 200
Xenia OH 45385
Phone Number: (937) 562-5087
Website:http://www.co.greene.oh.us/index.aspx?NID=469

Greene County Family Violence Prevention Center
380 Bellbrook Avenue
Xenia OH 45385
Phone Number: (937) 376-8526 or (937) 426-6535 (Administrative Offices)
Fax: (937) 376-8529
Website:http://www.violencefreefutures.org/contact/
Email: info@violencefreefutures.org

Artemis Center
310 W. Monument Avenue
Dayton OH 45402
Phone Number: (937) 461-5091
Fax: (937) 461-2852
Website:http://www.artemiscenter.org/contact/php

Bravo (Equitas)
4400 N. High St., Suite 300
Columbus OH  43214
Phone:  (866) 862-7286
Fax:  (614) 291-7163
Website:  http://www.bravo-ohio.org

YWCA in Montgomery County
141 W Third Street
Dayton OH  45402
24/7 Crisis Hotline:  (937) 222-5550
Phone Number:  (937) 461-5550
Email:  info@ywcadayton.org
Website:  https://www.ywcadayton.org

Montgomery County Victim Witness
41 N Perry St., #212
Dayton OH  45402
Phone:  (937) 225-5623
Website:  https://www.mcohio.org/government/elected_officials/procesutor/office_divisions/victim_witness_division.php

Lake Campus:

YWCA Van Wert County
408 E Main Street
Van Wert OH  45891
Phone:  (419) 238-6639
Email:  info@ywca.org
Website:  https://www.ywcavanwert.org

Mercer Health (hospital)
800 Main Street
Coldwater OH  45828
Phone:  (419) 678-2341
Email:  mkremer@mercer-health.com
Website:  https://www.mercer-health.com

 

1270.14 Outside Agency Resources

The Ohio Civil Rights Commission:  http://crc.ohio.gov

U.S. Department of Education, Office of Civil Rights (ORC):  http://www2.ed.gov/about/offices/list/ocr/index.html

U.S. Equal Employment Opportunity Commission (EEOC):  http://www.eeoc.gov

Jeanne Clery Act Information:  https://clerycenter.org/