There are six types of Prohibited Behaviors under Title IX of the Civil rights Act which qualify as “Title IX Sexual Harassment.” Each of these behaviors is defined more specifically below: Sexual Assault, Dating Violence, Domestic Violence, Sex-Based Stalking, Quid Pro Quo Sexual Harassment, Unwelcome Conduct Sexual Harassment, and Retaliation. The definitions used here are mandated by federal regulations.
Title IX Sexual Assault
Sexual Assault is conduct on the basis of sex that is defined as a forcible or non-forcible sex offense, or attempted forcible or non-forcible sex offense, as classified under the Uniform Crime Reporting system of the FBI. This includes six separate categories, each of which is considered a form of sexual assault:
- Rape is defined as the carnal knowledge of a person, without the consent of the complainant, including instances where the complainant is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity. Carnal knowledge is defined as the slightest penetration of the sexual organ of the female (vagina) by the sexual organ of the male (penis).
- Sodomy is defined as oral or anal sexual intercourse with another person, without the consent of the complainant, including instances where the complainant is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity.
- Sexual Assault With An Object is defined as the use of an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of the complainant.
- Fondling is defined as the touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the complainant, including instances where the complainant is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity.
- Incest is defined as sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law. In Ohio, Revised Code Section 3101.01(A) provides that individuals nearer of kin than second cousins may not marry.
- Statutory rape is defined as sexual intercourse with a person who is under the statutory age of consent. In Ohio, Revised Code section 2907.02(A)(1)(b) provides that no person may have sex with a child under the age of thirteen. Ohio Revised Code Section 2907.04(A) provides that no person over the age of eighteen may have sex with a child under the age of sixteen.
Title IX Dating Violence
Dating Violence is conduct on the basis of sex that consists of violence committed by a person who is or has been in a romantic or intimate relationship with the complainant. The existence of such a romantic or intimate relationship is determined by the length of the relationship, the type of relationship, and the frequency of interactions between the individuals involved in the relationship.
Title IX Domestic Violence
Domestic Violence is conduct on the basis of sex that consists of a felony or misdemeanor crime of violence committed by:
- 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/family violence laws of the jurisdiction
- Any other person against an adult or youth victim who is protected from that person’s acts under the domestic/family violence laws of the jurisdiction.
Title IX Sex-Based Stalking
Stalking is conduct on the basis of sex that consists of engaging in a course of conduct directed at a specific person that would cause a reasonable person to: (A) fear for the person’s safety or the safety of others; or (B) suffer substantial emotional distress.
For purposes of the definition of Stalking under this Policy:
- A “course of conduct” means 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.
- A “reasonable person” means a reasonable person under similar circumstances and with similar identities to the victim.
- “Substantial emotional distress” means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
Stalking that is not based on sex, but otherwise meets the definition above, is addressed in other University policies, including the Student Handbook.
Title IX Quid Pro Quo Sexual Harassment
Quid Pro Quo Sexual Harassment is conduct on the basis of sex that occurs when a University employee, vendor, or volunteer conditions the provision of an aid, benefit, or service of the University on an individual’s participation in unwelcome sexual conduct. This includes but is not limited to 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 the other person involved. Examples of aid or benefits include actual benefits and/or promises of positive ratings, grades, or other forms of evaluation.
Title IX Unwelcome Conduct Sexual Harassment
Unwelcome Conduct Sexual Harassment is conduct on the basis of sex that is unwelcome and determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the recipient’s education program or activity.
Title IX Retaliation
Neither the University nor any other person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX or this Policy, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding or hearing. Intimidation, threats, coercion, or discrimination, including charges against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report of formal complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX, constitutes retaliation.
An individual who brings a complaint under this Policy in good faith, even if it may be erroneous, will not be subject to discipline under this section. However, the use of this Policy for false, malicious, or frivolous purposes is strictly prohibited. The Univeristy's decision to charge an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a grievance proceeding under this Policy does not constitute retaliation, provided that the outcome of a particular case, alone, is not sufficient to conclude that any party made a materially false statement in bad faith.
Reports of retaliation will be addressed in accordance with the University's policies regarding retaliation.