2015 Undergraduate Catalog > University Policies > Title IX Investigations

Title IX Investigations

Regulatory Responsibility

Title IX of the Education Amendments of 1972 (Title IX) is a Federal civil rights law that prohibits discrimination on the basis of sex in education programs and activities. All public and private educational institutions that receive any federal funds must comply with the requirements of Title IX.

Among other provisions, Title IX also protects students and employees from sexual harassment and violence connected to any of the academic, educational, extracurricular, athletic and other programs or activities of schools, regardless of the location. Title IX protects both male and female students and employees from sexual harassment by any school employee, another student or a non-employee third party.

Policy

The following policy is intended to codify The University of Findlay’s responsibilities, actions and protocols when investigating sexual harassment, sexual assault, domestic violence, dating violence, and stalking (SADVDVS) as required by Title IX. Other Title IX policies/procedures fall under the authority of the UF Office of Athletics and are managed by the Title IX Coordinator found in that Office.

The University of Findlay (UF) has developed a comprehensive Non-Discrimination, Anti-Harassment and Hostile Campus Environment Policy that can be found in the Employee Handbook and the UF Policy Web Page. Compliance with Title IX is implemented in the context of the University’s broader Non-Discrimination Policy, which generally advises the University community of prohibited discriminatory and harassing conduct as well as the resources and processes for addressing and resolving complaints of discrimination and harassment and/or violation of University policy.

The Title IX Investigations policy and procedures do not supersede the Non-Discrimination policy, rather this policy is an extension of the Non-Discrimination Policy designed to determine if sexual harassment or violence have limited or denied a complainant’s civil rights to participate in University programs. Title IX policy requires investigation into such matters and requires the University to implement mitigation actions to restore the civil rights of the complainant.

Scope

Matters involving allegations of sex-based discrimination as well as allegations of sexual misconduct, as defined by UF policy (see Employee Handbook and UF Policy Web Page) are subject to review under Title IX. Investigations begun under the Title IX policy may, if determined that civil rights have not been affected, transition to the requirements found in the Clery Act and Campus Save Act. Due to the similar nature of issues that are covered by Title IX, Clery and Campus Save, the University will take care to utilize the appropriate regulatory requirements when investigating matters of this nature. If determining the appropriate standard for a case is difficult, the case will be investigated under the auspices of the Title IX Investigation policy.

Recognizing Sexual Harassment and Violence

The U.S. Department of Education defines sexual harassment as conduct that is sexual in nature, is unwelcome and denies or limits an individual’s ability to participate in or benefit from a school’s programs. Sexual harassment includes conduct which is criminal in nature, such as rape, sexual assault, dating violence and sexually motivated stalking.

The University of Findlay has further defined harassment as unwelcome or unwanted conduct of an offensive nature (whether verbal, visual or physical) when: (i) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or academic status; (ii) submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting such individual; or (iii) such conduct has the purpose or effect of unreasonably interfering with an individual’s enjoyment of the University’s environment or work or academic performance or creating an intimidating, hostile or offensive working or learning environment.

The University of Findlay has also defined Dating Violence, Domestic Violence, Stalking and Sexual Harassment. Those definitions (also found in the institution’s Clery Act Policy) are as follows:

Dating Violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined by the victim with consideration of the length and type of relationship, and the frequency of interaction between the involved persons. Dating violence includes sexual or physical abuse or the threat of such abuse.

Domestic Violence: A pattern of abusive behaviors that are used to gain or maintain power and control over an intimate partner. These relationships can include:

• A current or former spouse or intimate partner of the victim;

• A person with whom the victim shares a child in common;

• A person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner;

• A person similarly situated to a spouse of the victim under the domestic or family violence laws of the State of Ohio;

• By any other person against an adult or youth victim who is protected from that person’s acts under the family violence laws of the State of Ohio.

Hate Crime: A crime reported to local police agencies or to a campus security authority that manifests evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim. The categories of bias include the victim’s actual or perceived race, religion, gender, gender identity, sexual orientation, ethnicity, national origin, and disability.

Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others, or suffer substantial emotional distress. This course of conduct is defined as two or more acts, including, but not limited to, acts in which the stalker 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.

Sexual Assault: Any sexual act directed against another person without the consent of the victim, including instances where the victim is incapable of giving consent.

Title IX Coordinator

Brandi Laurita, the Assistant Athletic Director and Senior Woman Administrator in the Office of Athletics is responsible for coordinating the University’s compliance with Title IX and serves as the institution’s Title IX Coordinator. She can be contacted at:

• ankney@findlay.edu or 419-434-4651

The Title IX Coordinator conducts activities appropriate to assure The University of Findlay’s compliance with Title IX such as policy development and review, initiating and conducting investigations, response to grievances and resolving investigations and grievances as appropriate.

Matt Bruskotter, the Assistant Dean for Environmental, Safety, Security, and Emergency Management is responsible for leading investigations and coordinating investigation activities with the Title IX Coordinator and serves as the institution’s Title IX Investigator. He can be contacted at:

• bruskotter@findlay.edu or 419-434-5599

Privacy and Confidentiality

The University of Findlay will conduct all activities covered by Title IX with due regard for any legitimate privacy concerns or requests. Materials and information prepared or acquired through Title IX activities will be kept confidential and shared only with those who have a legitimate need to know or view the records. Disclosure may also be made if it is permitted by law and the Title IX coordinator determines that disclosure is necessary to protect the health, safety and well-being of the University community. While UF will respect any requests for confidentiality or that a Title IX matter not be investigated, The University of Findlay will take appropriate steps to respond to the matter consistent with Title IX requirements.

Standard of Proof

The University of Findlay is committed to providing a prompt, fair and impartial investigation and resolution to all alleged incidents of discrimination prohibited by Title IX. Investigations, hearings and disciplinary decisions will be conducted by applying a preponderance of the evidence standard. This means that investigators or hearing panels will use their best judgment to determine whether, more likely than not a violation of the Non-Discrimination Policy has occurred.

Responsibilities

The University of Findlay has a responsibility to respond promptly and effectively to reports of sexual harassment or violence. Additionally, UF must also respond if the institution knows or reasonably should know about sexual harassment or violence and take immediate action to eliminate the behavior, prevent its recurrence and address its effects. UF must conduct a prompt, impartial and thorough investigation and take appropriate steps to resolve the situation.

The University of Findlay will take all reasonable actions to maintain the confidentiality of the complainant of sexual harassment or violence. However, if a complainant insists their name not be disclosed to the harasser, UF’s ability to respond may be limited.

UF will always act to ensure the safety and well-being of the complainant, however, the institution also has a responsibility to provide a safe and non-discriminatory environment for all students and employees. Thus, UF must consider the seriousness of the alleged harassment, any reported previous behavior or patterns of behavior observed or the age of the complainant or victim against the confidentiality request of an individual complainant or victim. UF will also abide by all state and local laws that may require the institution to report incidents to local law enforcement.

Faculty and Staff: All employees must encourage victims of sexual harassment, sexual violence or sexual discrimination to report the incident(s) to the Director of Human Resources, Title IX Coordinator or call the Harassment Hotline (419-434-6777). Employees with information regarding sexual harassment, sexual violence or sexual discrimination must report the incident(s) in the same manner. Employees who are approached by victims must inform them that they cannot personally promise confidentiality. Additionally, employees should inform victims before relating details of the incident(s) that the victim should report the incident(s) and that if the victim relates the details of the harassment, the employee may be in a position where they must report the incident(s).

Counselors, clergy and health service providers are exempted from the mandatory reporting policy to maintain professional standards and effectively continue to provide services to the campus community.

Students: The University of Findlay encourages all students who are victims, witnesses, or have knowledge of sexual harassment, violence or discrimination to promptly report the incident(s) to the Director of Human Resources, Title IX coordinator or call the Harassment Hotline (419-434-6777).

Notification of Complaint

Any individual who believes that he/she has been subjected to harassment should promptly report the incident to the Director of Human Resources, Title IX Coordinator, Title IX Investigator or call the Harassment Hotline (419-434-6777). Calls to the Hotline will be answered confidentially and directed to the appropriate area for assistance.

The Director of Human Resources, Title IX Coordinator, Title IX Investigator and/or their designees are the only members of the University community who are authorized to act upon, investigate and recommend sanction or discipline for violations of this policy.

Protection against retaliation: The University will not in any way retaliate or permit retaliation against any individual who makes a good faith report of harassment or who assists or cooperates in a harassment investigation. Retaliation is a serious violation of this policy and should be reported immediately. Any person found to have violated this policy by retaliating against another individual for making a report of harassment or for assisting or cooperating in the investigation thereof will be subject to the same disciplinary action provided for harassment offender.

Investigation

The University of Findlay will work to maintain the confidentiality of information during any Title IX review and investigation. UF will investigate sexual harassment regardless of any law enforcement investigations or court actions. The University will also take action to eliminate the behavior and resolve the incident regardless of any civil or criminal legal proceedings. When appropriate, UF will implement initial remedies for complainants to protect them from further harassment or retaliation during the investigation.

The Office of Civil Rights has established a 30 to 60 day time frame from notice to resolution for these cases. All UF investigations will abide by this timeframe. However, the University may delay an institutional investigation for several days to allow for the collection of evidence by law enforcement officers and resume the investigation up conclusion of those efforts. Should extreme circumstances result in a delay beyond this point, the delay will be documented and UF will continue to engage in all efforts to provide remedial support and assistance to the complainant and community during the delay.

Investigations will be led by the Title IX Investigator who will partner or at minimum coordinate with the Title IX Coordinator. The University’s Director of Student Housing, Director of Human Resources and Vice President of Student Affairs may also be utilized to complete investigations.

Upon receipt of a complaint or information of sexual harassment and/or violence, the Title IX Investigator and Title IX Coordinator will discuss the issue and develop a plan of action to begin the investigation following the University’s Title IX Investigation Procedures (Appendix I). Documentation of investigations and outcomes will be maintained on a shared drive with access to the information limited to those with an administrative need to access the information.