TRIGGER WARNING: The following section includes semi-graphic descriptors of different offenses. Read at your own risk.
Definitions of Prohibited Conduct
Sex Discrimination: Sex discrimination takes place where a student or third party receives negative or adverse treatment based on sex, gender, or gender identity and the conduct denies or limits the individual’s ability to obtain the benefits of CIA’s programs or activities.
Sexual Harassment: Conduct on the basis of sex, occurring in the United States, that satisfies one or more of the following:
● An employee of the University conditioning the provision of an aid, benefit, or service of the University on an individual’s participation in unwelcome sexual conduct;
● Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the University’s education program or activity; or
● Sexual assault, dating violence, domestic violence, or stalking. (See definitions for Sexual Assault, Dating Violence, Domestic Violence, and Stalking.)
Sex- and Gender-Based Harassment: Sex- and gender-based harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature where:
● Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or academic success; or
● Submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting such individual; or
● Such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creating an intimidating, hostile, or offensive working or study environment.
In addition, harassment without an overt sexual component can also violate the law and university policies where it is shown that the harassment is directed at an individual because of the individual’s gender or gender identity. In determining whether alleged conduct constitutes sexual harassment, the University will look at the totality of the circumstances, such as the nature of the sexual advances and the context in which the alleged incidents occurred. The determination whether a particular action violates this policy will be made from the facts, on a case by case basis. In cases in which a hostile environment is alleged, a determination of a violation requires not only a finding that the victim regarded the environment as hostile, but also that such conduct was severe, persistent or pervasive and would be considered hostile by any reasonable person. Offensive conduct that does not rise to the level of harassment, however, may be grounds for discipline under other applicable policies.
Sexual Assault: Sexual assault is defined as:
● Sex Offenses, Forcible: Any sexual act directed against another person, without the consent of the complainant, including instances in which the complainant is incapable of giving consent because of incapacitation.
○ Forcible Rape: 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 complainant.
○ Forcible Sodomy: Oral or anal sexual intercourse with another person, forcibly, and/or against that person’s will (non-consensually), or not forcibly or against the person’s will in instances in which the complainant is incapable of giving consent because of incapacitation.
○ Sexual Assault with an Object: The use of an object or instrument to penetrate, however slightly, the genital or anal opening of the body of another person, forcibly, and/or against that person’s will (non-consensually), or not forcibly or against the person’s will in instances in which the complainant is incapable of giving consent because of incapacitation.
○ Forcible Fondling: The touching of the private body parts of another person (buttocks, groin, breasts), for the purpose of sexual gratification, forcibly, and/or against that person’s will (non-consensually), or not forcibly or against the person’s will in instances in which the complainant is incapable of giving consent because of incapacitation.
● Sex Offenses, Non-forcible:
○ Incest: Non-forcible sexual intercourse, between persons who are related to each other, within the degrees wherein marriage is prohibited by Ohio law.
○ Statutory Rape: Non-forcible sexual intercourse, with a person who is under the statutory age of consent of 16.
Dating Violence: Violence, on the basis of sex, committed by a person who is or has been in a social relationship of a romantic or intimate nature with the complainant. The existence of such a relationship shall be determined based on the complainant’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. For the purposes of this definition, dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of domestic violence.
Domestic Violence: Violence, on the basis of sex, committed by a current or former spouse or intimate partner of the complainant, by a person with whom the complainant shares a child in common, or by a person who is cohabitating with or has cohabitated with the complainant as a spouse or intimate partner, or by a person similarly situated to a spouse of the complainant under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; or by any other person against an adult or youth complainant who is protected from that person’s acts under the domestic or family violence laws of Ohio.
Sexual Coercion: This occurs when a respondent unreasonably pressures a complainant to engage in sexual activity despite the complainant indicating that he or she does not want to engage in sexual interaction. Sexual coercion can occur through the use of words/pressure, substances such as drugs or alcohol, force, or manipulation. Sexual coercion can also occur where the respondent is in a position of influence or authority over the complainant, or where the complainant is a minor.
Stalking: Engaging in a course of conduct, on the basis of sex, directed at a specific person, that (i) would cause a reasonable person to fear for the person’s safety, or (ii) the safety of others; or (iii) suffer substantial emotional distress. For purposes of this definition, course of conduct means two or more acts, including, but not limited to, acts in which the respondent directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property. Reasonable person means a reasonable person under similar circumstances and with similar identities to the complainant. Substantial emotional distress means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.
Third-Party Report
Immediate Action: When a third-party (someone other than the complainant) reports sexual misconduct, the RA On-Call will notify the Pro-Staff On-Call.
Secondary Action: The Pro-Staff On-Call will respond in-person to meet with the reporting party to gather information about the incident. For compliance purposes, the essential information needed is:
● Name(s) of the complainant(s);
● When the incident occurred; and
● Where the incident occurred.
○ If the reporting party is unable or unwilling to provide this information, do not pry or pressure. It is not our role to investigate further.
● If there is any immediate concern for the safety of the complainant, attempt to locate and make contact with them (utilizing police assistance as needed)
Reporting Action: The RA and Pro-Staff will write an Incident Report. Pro-Staff will also submit a CARE Report.
Complainant Report
Immediate Action: When a complainant reports that they experienced sexual misconduct, the RA On-Call will notify the Pro-Staff On-Call.
Secondary Action: The Pro-Staff On-Call will respond in-person to meet with the complainant to gather information about the incident.
● Assess for any immediate health and safety concerns.
● Involve support from police and emergency medical services only at the student’s request (unless they are incapacitated).
● Assess the need for an emergency space.
● Ask the student if there is a supportive person they would like us to contact and notify.
● For compliance purposes, the essential information needed is:
○ Name(s) of the complainant(s);
○ When the incident occurred; and
○ Where the incident occurred.
○ If the complainant(s) are unable or unwilling to provide this information, do not pry or pressure. It is not our role to investigate further.
Reporting Action: RA and Pro-Staff will write an Incident Report. Pro-Staff will also submit a CARE Report.
Student Arrest:
Any incident that results in the arrest of a resident or guest redirects to this section.
Immediate Action: The most senior Staff Member (RA On-Call or Pro-Staff On-Call) on scene will inquire with UCPD/CPD the name of the person(s) being arrested, the reason for the arrest, and the receiving detention facility.
Secondary Action: RA On-Call notifies the Pro-Staff On-Call (if they are not already on scene). Pro-Staff will report to Dr. Smith.
Reporting Action: RA On-Call and Pro-Staff On-Call documents the situation with an incident report