Individuals who have questions about Title IX or this Policy or feel that they have been discriminated against based on sex, sexually harassed, or retaliated against for their involvement in such a report or adjudication, are strongly encouraged to directly contact the Title IX Coordinator or the Alternate Title IX Coordinator.
The College’s duty to respond under this Policy is triggered upon the College’s actual knowledge of sexual harassment or alleged sexual harassment that occurred within its education program or activity against a person within the United States. Actual knowledge is notice of sexual harassment or allegations of sexual harassment to the College’s Title IX Coordinator or any College official with authority to institute corrective measures on behalf of the College.
A formal complaint, as defined in Section 7.4.6 below, is not required to make a report of sexual harassment and initiate a response by the College, including the offering and providing of supportive measures, as defined in Section 7.4.4 below. However, only a formal complaint of sexual harassment will prompt an investigation and grievance process outlined in Section 7.5 below.
Officials with Authority:
An official with authority is a College official who has authority to institute corrective measures on behalf of the College.
For reports involving only students, the College has designated the following individuals as officials who have authority to institute corrective measures on behalf of the College:
- President
- Vice President of Student Affairs/Dean of Students
- Vice President for Academic Affairs/Dean of Faculty
- Vice President for Community and Business Development (where the complainant or respondent participates in the College’s online programs)
- Senior Director of Diversity and Inclusion
For reports involving an employee, the College has designated the following individuals as officials with authority who have authority to institute corrective measures on behalf of the College:
- President
- Director of Human Resources
- Vice President for Academic Affairs/Dean of the Faculty
- Vice President for Community and Business Development (where the complainant or respondent participates in the College’s online programs)
Officials with authority who receives notice of sexual harassment or allegations of sexual harassment in one of the College’s education programs or activities, directly or indirectly, are required to promptly report such sexual harassment or allegations of sexual harassment to the Title IX Coordinator or Alternate Title IX Coordinator. Reporting allows complainants to receive supportive measures and helps to maintain a safe campus environment.
Reporting Sex Discrimination and Sexual Harassment:
Any person may report sexual harassment (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or sexual harassment), in person, by mail, by telephone, or by electronic mail, using the contact information listed for the Title IX Coordinator, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report, including reporting to the Alternate Title IX Coordinator listed in Section 7.4.3 below. A report may be made at any time (including during nonbusiness hours) by using the telephone number or electronic mail address, or by mail to the office address, listed for the Title IX Coordinator.3
Officials with authority are required to promptly report incidents or allegations of sexual harassment to the College’s Title IX Coordinator or Alternate Title IX Coordinator. Where an official with authority is the complainant, you are strongly encouraged to report the misconduct to the College’s Title IX Coordinator or Alternate Title IX Coordinator.
Any person who is not an official with authority, including students and members of the College community, are strongly encouraged to promptly report incidents or allegations of sex discrimination and sexual harassment to the College’s Title IX Coordinator or Alternate Title IX Coordinator.
Title IX Coordinators:
The Title IX Coordinator is the designated agent of the College with primary responsibility for receiving reports and formal complaints of sexual harassment, signing formal complaints, and generally coordinating the College’s compliance with Title IX. The Title IX Coordinator’s responsibilities include overseeing the College’s response to reports and formal complaints of sexual harassment, including supportive measures, as well as overseeing the College’s documentation and recordkeeping set forth in Section 7.7. The Title IX coordinator provides educational materials and training on Title IX, and generally provides guidance and ensures a fair process for individuals involved in Title IX complaints. Below is the contact information for the Title IX Coordinator:
Nathan Flack
Student Resource Center Manager
1870 Quaker Way Pyle Center Box 1253
Wilmington, Ohio 45177
Tel: (937) 481-2208 (Ext. 208)
E-mail: nathan.flack@wilmington.edu
If the Title IX Coordinator has a conflict of interest or is otherwise unable to handle the Title IX matter at issue, an alternate Title IX Coordinator will be appointed.
Offering and Providing Supportive Measures:
Where the Title IX Coordinator receives a report of an incident or allegation of sexual harassment from any individual, including an official with authority or complainant, the Title IX Coordinator will promptly contact the complainant to discuss the availability of supportive measures and inform the complainant of the availability of such supportive measures with or without filing of a formal complaint. The Title IX Coordinator will also provide to the complainant a copy of this Policy and explain to the complainant their right to file a formal complaint and the process for filing a formal complaint, as outlined in Section 7.4.6 below.
Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to the College’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the College’s educational environment, or deter sexual harassment. Supportive measures may include, but are not limited to, the following:
- Extensions of deadlines or other course-related adjustments;
- Modifications of work or class schedules;
- Campus escort services;
- Mutual restrictions on contact between parties—e.g., a no-contact order;
- Changes in work or housing locations;
- Leaves of absence;
- Increased security and monitoring of certain areas of campus; and
- Other similar measures.
The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures and will consider the complainant’s wishes with respect to supportive measures.
The College will maintain the confidentiality of any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality would not impair the ability of the College to provide the supportive measures. To the extent an individual chooses to report an incident or allegation of sexual harassment anonymously or without disclosing the identity of the complainant and/or the respondent, the College will be unable to provide supportive measures to the complainant and/or consider whether to initiate the grievance process against a respondent in response.
Emergency Removal & Administrative Leave:
In addition to implementing supportive measures set forth in Section 7.4.4 above, in emergency situations that arise out of allegations of conduct that could constitute sexual harassment, the College may elect to remove the respondent from the College’s education programs or activities. Removal may be made only after the College conducts an individualized safety and risk analysis and concludes that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment justifies removal. Removal may take place before an investigation into sexual harassment allegations concludes or where no grievance process is pending. The Title IX Coordinator may make removal decisions on behalf of the College and may periodically reassess whether an immediate threat to physical health or safety is ongoing or has dissipated such that removal is no longer warranted.
Where the College elects to remove a respondent from its education programs or activities, it will provide the respondent with notice and an opportunity to challenge the decision immediately following removal. The respondent must make any challenge to the Title IX Coordinator.
Where a respondent is a non-student employee, the College may also elect to place the respondent on administrative leave during the pendency of a grievance process under Section 7.5. The Director of Human Resources may make administrative leave decisions on behalf of the College and may periodically reassess whether administrative leave is warranted during the grievance process.
Formal Complaints of Sex Discrimination and Sexual Harassment:
While the College will promptly and meaningfully respond to reports of sexual harassment as outlined in Section 7.4.4 above, only a formal complaint of sexual harassment will prompt an investigation and grievance process outlined in Section 7.5.0 below.4 A formal complaint is a document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that the College investigate the allegation of sexual harassment. A document filed by a complainant is a document or electronic submission—i.e., electronic mail—that contains the complainant’s physical or digital signature, or otherwise indicated that the complainant is the person filing the formal complaint.
Third parties are not permitted to file formal complaints and formal complaints cannot be filed anonymously. However, where the complainant’s identity is unknown—e.g., where a third party has made a report—the grievance process may proceed if the Title IX Coordinator determines it is necessary to sign a formal complaint.6 Where the Title IX Coordinator signs a formal complaint, the Title IX Coordinator is not a complainant or otherwise a party. Where the Title IX Coordinator signs a formal complaint knowing that the complainant did not wish to do so, the College will respect the complainant’s wishes regarding whether to participate or not in the grievance process.
Filing of a formal complaint with the Title IX Coordinator may be accomplished in person, by mail, or by electronic mail, by using the contact information of the Title IX Coordinator listed in Section 7.4.3 above.
At the time of filing a formal complaint, a complainant must be participating in or attempting to participate in an educational program or activity of the College.
Confidentiality of Reports and Formal Complaints:
The College will keep confidential the identity of any individual who has made a report or formal complaint of sex discrimination or sexual harassment, any complainant, any individual who has been reported to be the perpetrator of sex discrimination or sexual harassment, any respondent, and any witness, except under the following circumstances:
- As may be permitted by the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. 1232g, or FERPA regulations, 34 CFR part 99;
- As required by law; or
- To carry out the purposes of the Title IX regulations, 34 CFR part 106, including the conduct of any investigation, hearing, or judicial proceeding arising thereunder.
While consent from a complainant is not required, the Title IX Coordinator or alternate Title IX Coordinator will seek consent from the complainant before the Title IX Coordinator signs a formal complaint and pursues the grievance process. To the extent possible and consistent with the above exceptions, disclosure of any information relating to a formal complaint will be limited to the individuals conducting the College’s investigation or resolving the complaint.
If the complainant requests confidentiality or asks that the complaint not be pursued or that the College stop the investigation process, the College will inform the complainant that its ability to respond may be limited as a result, but that it will take all reasonable steps to investigate and respond to the complaint consistent with the request for confidentiality or the request not to pursue an investigation. The College will also inform the complainant that Title IX prohibits retaliation and that it will take actions to prevent retaliation and take strong action against anyone who engages in retaliation, as well as the complainant’s right not to participate in the grievance process.
The College must weigh requests for confidentiality and/or requests that no action be taken against the College’s obligation to provide a safe, non-discriminatory environment for all members of the College community, including the complainant. The College may not be deliberately indifferent to known sexual harassment. The College will likely be unable to honor a request for confidentiality or a request that no action be taken in cases indicating pattern, predation, weapons, violence, or if a minor is involved.
There are some sources to whom students may report sexual harassment who may maintain complete confidentiality. These sources include:
- Professional Counselor. A professional counselor is an individual employed or contacted by the College who is responsible for providing mental health counseling to members of the College’s community and acting within the scope of his or her license or certification. This includes professional counselors at the Wilmington College Health Center, which can be reached at 937-481-2272 (x272).
- Pastoral Counselor. A pastoral counselor is an individual associated with a religious order or denomination and recognized as someone who provides confidential counseling by such religious order or denomination. This person must function within the scope of that recognition in order to keep confidentiality.
- Doctors and Nurses. A doctor or nurse is an individual employed or contracted by the College who is responsible for providing medical health services to members of the College’s community and acting within the scope of his or her license or certification. This includes doctors and nurses at the Wilmington College Health Center, which can be reached at 937-481-2217 (x217).
- Victim or Survivor Advocates. A victim or survivor advocate is an individual employed or contracted with the College’s Victim Services, WeCare, including those individuals employed or contracted with the College through the Victims of Crime Act (VOCA) grant program. WeCare can be reached through its 24hour support line at 937-356-9778.
Nothing in this Policy prohibits or restricts the ability of either party to discuss the allegations under investigation.