TITLE IX

Title IX, Harassment Discrimination

This webpage is a comprehensive resource tool to support all members of our College community. Northwest State wants those who have experienced sexual misconduct or another type of discrimination or harassment based on a protected class, and those who have been accused of the same, to understand how the College addresses these issues. This includes each party’s options and resources as well as the College’s legal responsibilities.

If you are in an immediate crisis, call 911.

 

What is Title IX?

Title IX is a federal law that prohibits sex-based discrimination in education programs and activities receiving federal financial assistance. “Education programs and activities” include all of a school’s operations, including employment and school-sponsored athletics and activities (on or off campus).

Title IX protects students, employees and third parties with a relationship to the College, whether on or off-campus. This includes:

  • Students (including high school students participating in Northwest State programs and visiting students)
  • Faculty, staff, and interns
  • Applicants for employment or education
  • Campus visitors

 

What does Title IX prohibit?

It prohibits sex discrimination in educational institutions, programs and activities. This includes, but is not limited to:

  • Sexual assault
  • Domestic, intimate partner and dating violence
  • Gender-based stalking
  • Sexual harassment (quid pro quo and hostile environment)
  • Failing to provide appropriate accommodations for a pregnant or parenting student
  • Treating a person differently based on marital status

Please see Policy 3-35 Sexual Misconduct for the College’s definitions of stalking; domestic, intimate partner and dating violence and types of sexual assault.

 

Ohio does not have a legal definition for dating violence, sexual assault or consent. Ohio does define specific types of sexual assaults and within these definitions, it explains what consent is not.

You may access legal definitions for the following in the Ohio Revised Code (ORC):

 

What is sexual misconduct?

Sexual misconduct is the behavior of a sexual nature that is committed without consent. It includes sexual harassment, acts – including attempted acts – of sexual violence and other inappropriate behavior that is of a sexual nature or based on sex. Sexual misconduct can occur between persons of the same or different sex. Please see Policy 3-35 Sexual Misconduct.

 

Not every type of sex discrimination is sexual misconduct. Each case is evaluated by Equity and Compliance on an individual basis. Sex discrimination that is not sexual misconduct is addressed by Policy 3-19 Nondiscrimination/Anti-harassment.

 

Discrimination and Harassment

Northwest State Community College is committed to maintaining a workplace and academic environment free of discrimination and harassment. Therefore, the college shall not tolerate discriminatory or harassing behavior by or against trustees, employees, vendors, customers, students or other persons participating in a college program or activity.

While the college does not tolerate any form of discrimination or harassment, the Non- Discrimination/Anti-Harassment Policy and related procedures are intended to cover discrimination and harassment based on a protected class. Protected classes for purposes of this policy are age, ancestry, color, disability, familial status (status as a parent during pregnancy and immediately after the birth of a child, status as a parent of a young child, status as a foster parent), gender, gender identity or expression, genetic information (GINA), military or veteran status, national origin, race, religion, sex, and sexual orientation, or any other bases under the law. Please see Policy 3-19 Nondiscrimination/Anti-harassment.

 

Submit a Report or a Formal Complaint

There is a difference between submitting a report to the College and submitting a signed Formal Complaint. Submitting a Report-The reporting form linked below may be used by students, employees, faculty, vendors, visitors or other concerned parties to share information related to an alleged incident(s) of student or employee sexual misconduct, discrimination based on a protected class, including harassment and retaliation for making a report or participating in an investigation of the same. Anyone may submit this form, including the person who experienced the incident and the form may be submitted any time of day, any day of the year.

A person who experiences sexual misconduct has the option to report anonymously through the online report form; however, the College’s investigation and response to anonymous complaints likely will be limited.

This is a secure reporting form accessible only to the appropriate college officials. You are not required to complete the entire form in order for the report to be submitted; however, you must complete fields denoted with an asterisk. Your report will be reviewed during business hours. A response will be sent within two (2) business days to the reporting party.

Submitting a signed Formal Complaint-Submission of this form does not constitute a signed Formal Complaint and no investigation will be automatically conducted. A signed Formal Complaint, where the person who experienced the misconduct, the Complainant, is asking the College to take action, must be submitted to the Title IX Coordinator or a Deputy Coordinator prior to the College initiating an investigation or informal resolution. You may always forgo submission of the reporting form and make a signed Formal Complaint directly to the Title IX Coordinator by emailing your name and the relevant info regarding what happened to titleix@NorthwestState.edu.

 

To file a police report or if you have an emergency, please contact the Northwest State Police Department at 419.267.1452, Room A191 (in the Atrium) or, if you are off-campus, call 911.

Reports and signed Formal Complaints may also be submitted to the College to any the following Deputy Title IX Coordinators:

  • Adrienne Murray, Title IX Coordinator, titleix@NorthwestState.edu
  • Katy McKelvey, Deputy Title IX Coordinator, 419.267.1327, kmckelvey@NorthwestState.edu or room A106A
  • Lana Snider, Deputy Title IX Deputy Coordinator, 419.267.1233, lsnider@NorthwestState.edu or B105

Supportive Measures

Upon notice of an allegation of any form of sexual misconduct, discrimination or retaliation, the College will evaluate the need for supportive measures. Supportive measures may include transferring to another class, receiving a police escort on campus, issuing a dual no-contact order, academic support services, providing counseling and/or making changes to working or transportation arrangements at the College. In some cases, emergency removal measures may include removing the respondent from the College environment temporarily with opportunity for timely appeal. The College also will provide periodic updates to the complainant and the respondent on the status of the investigation. A person need not make a Formal Complaint to receive supportive measures. Supportive measures are also available to those accused of sexual misconduct (the respondent, or person responding to the allegation of sexual misconduct).

 

Privacy / Confidentiality

To the extent permissible under law, the College will protect the privacy of the person who experienced the alleged sexual misconduct. Privacy interests of the complainant are balanced with the College’s legal obligations under state and federal law, its need to protect the College community and the College’s requirement to ensure that appropriate disciplinary processes are implemented.

The Clery Act, a federal law, requires the College to report particular criminal offenses, such as sexual assault, stalking, domestic violence, and dating violence. The name and other personally identifying information of the person who reports being the target of the crime is not included in the Annual Report of Crime Statistics nor in any Timely Warning issued by the College.

Providers of confidential services may not share your information without your express consent unless there is an imminent danger to you or others or as required by law (abuse or neglect of minors must be reported to law enforcement/state agencies). Providers of counseling, legal and medical services are granted the privilege of confidentiality under Ohio law due to the nature of their position and absent circumstances described above, consent of the party is required to release any information. Confidential counseling services can be reached at 419-591-6487.

Support Resources

(Additional on and off campus resources are available at the rear of Policy 3-35)

The Center for Child and Family Advocacy, Inc.: 419-591-6487

Sexual Assault Hotline of Northwest Ohio: 1-800-782-8555
24/7 confidential resource providing advocacy and support for survivors of sexual and domestic violence, including a domestic violence shelter. Also, provide services for domestic violence, and adult and juvenile sex offenders.

Defiance County Family Justice Center: 419-782-1314

Defiance County Victim Assistance: 419-782-0911

Fulton County Family Justice Center: 419-592-0540

Henry County Family Justice Center: 419-592-0540

Paulding County Victim Assistance Unit: 419-399-4476

Williams County Victim Assistance: 419-636-6195/p>

Ohio Sexual Violence Help line is a 24/7 confidential resource providing advocacy and support survivors of sexual violence across Ohio. 844-644-6435

 

Training for Title IX Personnel

The Title IX Coordinator, investigators, decision-makers, and those involved in the informal resolution receive annual training on the following areas:

  • Appropriate definitions
  • Scope of NSCC’s educational programs and activities;
  • How to conduct investigations
  • How to conduct a hearing
  • Conflicts of interest and bias
  • Technology used at hearings
  • Relevancy

 

Title IX Team Training Programs Completed

September 2020 OR October 14th and 15th, 2020 Constructing the Live Hearing Process

October 20th, 2020 Sexual Misconduct Decision Maker Class

 

Investigator Training Completed

May 18th and 22nd, 2020 Title IX Coordinator and Investigator Training Class