RELATED: University of Akron Gender-Based Misconduct Protocol for students
This Protocol describes how The University of Akron responds to reports of gender-based misconduct involving employees. It also:
When gender-based misconduct occurs, the University will take appropriate steps to end the discrimination/harassment, prevent its recurrence and remedy the discriminatory effect on the complainant and others, as appropriate.
Consent is when a person agrees or gives permission to another person to engage in certain sexual acts.
Effective consent can be given by words or actions so long as the words or actions create a mutual understanding between all parties regarding the conditions of the sexual activity. A helpful tool is to ask yourself: “Do all of us understand and agree regarding the who, what, when, where, why, and how this sexual activity will take place?”
Current or past sexual relationships or current or past dating relationships are not sufficient grounds to constitute consent.
Incapacitation can occur in several ways. For example, when a person is severely intoxicated due to use of alcohol or drugs. They may be unconscious or severely impaired.
A helpful tool is to ask yourself: “Do all of us understand and agree regarding the who, what, when, where, why, and how this sexual activity will take place?”
A person may also be incapacitated if that person is physically or mentally disabled.
The use of force, threat of force, deception or when a person is beaten, threatened, isolated, or intimidated.
When a person affirmatively demonstrates that (1) they do not want to have sex, (2) they want to stop any sort of the sexual acts, or (3) they do not want to go any further, the other party must stop completely. Continued pressure after that point can be coercive. A person is not required to physically or otherwise resist an aggressor.
These terms are used throughout this document and are defined as follows:
Complainant(s) are individuals who are eligible to file a formal complaint or to report a violation of this policy. Complainants also include any person who is reported to have experienced a violation of this policy in cases where a third party has made a report. Terms that may be commonly used to describe a complainant: survivor, victim, target, or reporting party.
Respondent(s) are individuals who have been alleged to have violated this policy. Terms that may be commonly used to describe a respondent: accused, alleged, perpetrator, or responding party.
A Witness is an individual who may have additional information about a report or formal complaint of gender-based misconduct. Witnesses may include, but are not limited to: eye-witnesses, friends, police, University students and staff who responded to an incident or received an initial report.
Complainants and respondents have the right to be accompanied to any meeting or proceeding by an advisor of their choice. Advisors may include an attorney or advocate. Advisors are not permitted to participate or interject during any meeting or proceeding.
The Clery Act requires the University to designate University staff members who have significant responsibility for student or campus activities as Campus Security Authorities. At The University of Akron, Campus Security Authorities include: the Dean of Students and Deputy Title IX Coordinator for Students; most managerial staff in The Division of Student Affairs; Residence Life and Housing staff, including resident assistants; advisors to registered student organizations; the Director and Associate Directors of Athletics and athletic coaches.
A Report refers to notice provided to the University that gender-based misconduct has or may have occurred. Reports may be submitted by a complainant, respondent, responsible employee, a campus security authority (CSA), or by a third party.
A formal complaint refers to a request for an investigation by The University of Akron to determine if a University Policy has been violated or a criminal act has occurred. The University of Akron Police Department (or local police agency), The Department of Student Conduct and Community Standards, or The Office of Equal Employment Opportunity and Affirmative Action investigate formal complaints. Formal complaints may be initiated by a complainant, The University of Akron Title IX Coordinator, or their designee.
If a report of a sexual misconduct or intimate partner violence indicates there is an immediate threat to the health or safety of persons on campus or that an on-going serious or continuing threat to the campus community exists, a Timely Warning Safety Advisory (“Timely Warning”) will be issued to the campus community. The purpose of a Timely Warning is to enable persons to protect themselves, heighten safety awareness, and seek information that will lead to an arrest and conviction of the perpetrator. Timely Warnings will not include the complainant’s name or other personally identifying information.
Additional information regarding Timely Warnings and sexual misconduct and intimate partner violence can be found later in the Emergency Notification and Response section of this report.
Note: This roster of Title IX coordinators was accurate when the report was published. Changes have occurred. See the current coordinators.
Ms. Jolene Lane serves as Chief Diversity Officer, Vice President for Inclusion and Equity and Title IX Coordinator. As Title IX Coordinator she is responsible for overseeing the University’s Title IX process and coordinates the University’s efforts and responsibilities to ensure compliance with Title IX.
The Title IX Coordinator is assisted by Deputy Title IX Coordinators:
Ms. Tami Hannon serves as the intake coordinator for all reports of gender-based discrimination involving employees and third parties. Ms. Hannon meets with both complainants and respondents and may implement interim measures of support for both parties, when necessary to stop and prevent the effects of gender-based discrimination. Ms. Hannon processes complaints through the Equal Employment Opportunity and Affirmative Action Office. Ms. Hannon can be reached at The Administrative Services Building, The University of Akron, Akron, OH, 44325-4733, (330) 972-7300 or tlz2@uakron.edu.
Mr. Michael Strong serves as the Dean of Students and Deputy Title IX Coordinator for Students. Mr. Strong serves as the intake coordinator for all reports of gender-based misconduct involving students on the main campus. Mr. Strong meets with both complainants and respondents and may implement interim measures of support for both parties, when necessary to stop and prevent the effects of gender-based misconduct. Mr. Strong also refers formal complaints to the Office of Student Conduct and Community Standards. Mr. Strong can be reached at the Student Union, 152, The University of Akron, OH 44325-4612, (330) 972-6048 or mstrong@uakron.edu.
Mr. Gordon Holly serves at Assistant Dean of Student Success and Deputy Title IX Coordinator for Wayne College. Mr. Holly meets with both complainants and respondents from the regional campuses, including Wayne College. Mr. Holly may implement interim measures of support for both parties, when necessary to stop and prevent the effects of gender-based misconduct. Mr. Holly also refers formal complaints to the Office of Student Conduct and Community Standards. Mr. Holly can be reached at Wayne College, Boyer HPE Building, E242, (330) 972-8740 or gholly@uakron.edu.
Mrs. Mary Lu Gribschaw serves as the Senior Associate Athletics Director and Deputy Title IX Coordinator for Athletics. Mrs. Gribschaw coordinates support for student athlete complainants and respondents. Mrs. Gribschaw also coordinates response to reports and formal complaints within the Department of Athletics. Mrs. Gribschaw can be reached at James A. Rhodes Arena 183, The University of Akron, OH 44325-5201 (330) 972-7080 or marylu@uakron.edu.
When a formal complaint is initiated in which the respondent is a University of Akron student, The Department of Student Conduct and Community Standards staff serve as the investigator(s) of the formal complaint. The Department of Student Conduct and Community Standards is in Simmons Hall 302, (330) 972-6380.
When a formal complaint is initiated in which the respondent is a University of Akron faculty member, staff member, or guest of the University, The Office of Equal Employment Opportunity and Affirmative Action staff serve as the investigator(s) of the formal complaint. The Office of Equal Employment Opportunity and Affirmative Action is in the Administrative Services Building, 185 E. Mill Street, 330-972-7300.
Criminal complaints occurring at The University are investigated by The University of Akron Police Department. The University of Akron Police Department may also assist and liaison with local police agencies when a crime is investigated in a nearby community. The University of Akron Police Department is located at 146 Hill St. Akron, OH 44325-0402, (330) 972-2911.
All members of the University community share a responsibility for ensuring violations of this policy are reported.
Pursuant to Title IX, all employees of the University of Akron are considered “responsible employees.” Therefore, should a responsible employee become aware of an instance of gender-based misconduct, or if they observe such conduct, they are required to report the conduct to one of the University’s Deputy Title IX Coordinators. This duty to report applies to all University of Akron administrators, supervisors, managers, faculty and staff. Specific student employees, considered responsible employees, are identified below in sections (2) and (3). To ensure the safety of the community, responsible employees are required to report when they know gender-based misconduct has occurred or when they believe misconduct may have occurred – even if they are not certain. Responsible employees are not required to investigate, ask for additional information, question or compel a complainant, respondent or witness for more information than initially provided.
Exemption
Responsible employees are not required to report information disclosed at public awareness events (e.g., “Take Back the Night,” “candlelight vigils,” “survivor speak-outs,” or other public forums or discussions in which students or employees do not intend to make a report of gender-based misconduct). Information about the University reporting protocols for gender-based misconduct, community resources and support should be provided at such public awareness events. In the classroom, instructors should remind students that faculty are required to report gender-based misconduct.
Only those employees with a legal privilege of confidentiality under Ohio law (including doctors and licensed counselors acting in their capacity as counselors) are not required to report when the information is obtained during a confidential communication. Those offices with staff who are exempt from reporting include:
Some graduate assistants may also be required to report instances of gender-based misconduct, or retaliation. Those required to report are as follows:
Most graduate students are not required to report.
Some undergraduate students are required to report by virtue of their specific student employment to report instances of sexual misconduct, intimate partner violence, sexual harassment, or retaliation. Those undergraduate students required to report are as follows:
Campus Security Authorities are required to provide information regarding any report of a Title IX offense to UAPD to be included in the University’s Annual Report of Crime Statistics and, if appropriate, for issuing a safety advisory (timely warning) or other emergency notification. A victim’s name and other personally identifying information is not included in any safety alert or emergency notification.
Any person, regardless of gender, can be a target of these behaviors.
The following behaviors are considered sexual misconduct and are criminal actions:
Sexual assault is any sexual act directed against another person, without their consent, including instances where the person is incapable of giving consent. Examples include:
Any non-consensual sexual intercourse, defined as any sexual penetration however slight, with any body part or object by any person upon any person without consent.
The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.
Non-forcible sexual intercourse with a person who is under the statutory age of consent.
Non-forcible sexual intercourse between persons who are related to each other within the degrees where marriage is prohibited by law.
Sexual exploitation is taking non-consensual, unjust or abusive sexual advantage of another. Examples include non-consensual video or audio recording of sexual activity, going beyond the boundaries of consent (such as knowingly allowing another to secretly watch otherwise consensual sexual activity) and engaging in non-consensual voyeurism.
Indecent exposure is the exposure of the private or intimate parts of the body in a lewd manner in public or in private when the respondent(s) may be readily observed.
The following behaviors are considered intimate partner violence or interpersonal violence and are prohibited:
Dating Violence is an act of violence committed by a person who is or has been in a social relationship of an intimate or romantic nature with the victim. Examples include threatened physical violence, intimidation or force that causes a reasonable person to fear harm to self or others.
The existence of such a relationship shall be determined based on consideration of the following factors:
Domestic Violence is an act of violence committed by a current or former spouse or intimate partner of the victim or a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner or person similarly situated, or by a parent with whom the victim shares a child in common.
Stalking is engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for the person’s safety or the safety of others or suffer substantial emotional distress. Stalking includes repeatedly following, harassing, threatening, or intimidating another by telephone, mail, electronic communication, social media, or any other action, device or method that purposely or knowingly causes substantial emotional distress or reasonable fear of bodily injury or death.
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. Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
Battery is intentionally, or negligently, causing physical contact or bodily harm to another person. When this action is taken because of a person’s sex or gender the crime is also prohibited by this policy.
Sexual Harassment is unwelcome sex or gender based verbal or physical conduct that unreasonably interferes with a student or employee’s work or educational experience or creates an intimidating, hostile or offensive working, educational or residential environment. Sexual harassment includes sex or gender-based conduct that is sufficiently severe or pervasive such that it unreasonably interferes with, denies, or limits a student or employee’s ability to participate in or benefit from the University’s educational programs and activities. The more severe the conduct, the less need there is to show a repetitive series of incidents to demonstrate a hostile environment. In fact, a single severe incident may be sufficient to create a hostile environment. Sexual Harassment exists when:
There are unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct and submission to such conduct is made explicitly or implicitly a term or condition of a student or employee’s employment or academic status.
The submission or rejection of such conduct is used as the basis for employment or academic decisions.
There is verbal or physical sexual conduct that is sufficiently severe or persistent that it unreasonably interferes with a student or employee’s work performance or creates an intimidating, hostile or offensive work, educational or campus residential environment.
Gender-based discrimination is treating someone unfavorably because of that person’s sex or gender. An example of gender-based discrimination is when a person is treated unfavorably in class, at work, or in housing due to social behavior such as the nonconformance of gender roles.
Retaliation, including vengeful harassment, against any individual who reports, makes a formal complaint, pursues legal action, participates in an investigation or is a witness in any investigation of gender-based misconduct is strictly prohibited. Retaliation is prohibited by Title IX. Like with sexual misconduct, intimate partner violence, interpersonal violence and sexual harassment, and gender-based discrimination, retaliation is a violation of this policy.
The same procedures outlined in this policy to address all forms of gender-based misconduct will be used to address retaliation.
Those who engage in retaliation will face University disciplinary action up to and including suspension or termination. Formal complaints of retaliation should be reported to the Deputy Title IX Coordinator for Employees. At the Akron Campus reports are submitted to Mrs. Smith, Deputy Title IX Coordinator for Employees, and those that occur at any of the regional campus locations, including those at the Wayne Campus, are submitted to Mr. Gordon Holly, Deputy Title IX Coordinator for Wayne College.
Reporting to a Deputy Title IX Coordinator provides the complainant access to additional support, interim measures, and opportunities for investigations not available through confidential reporting and anonymous reporting options.
Reports may be submitted to a Deputy Title IX Coordinator from:
The University may be able to provide appropriate supportive measures no matter how long ago the alleged incident(s) occurred.
If the complainant is incapacitated for any reason and unable to report, a report should be made on their behalf.
A complainant or respondent may speak confidentially to individuals in legally protected roles, including the following:
A confidential report will not result in a report to law enforcement or a University investigation. It will not be reported to the Title IX Coordinator, a Deputy Coordinator, or to The University of Akron Equal Employment Opportunity/Affirmative Action Office. A confidential report will not be included in the annual Campus Security Report.
Anonymous reports will be accepted by The University of Akron.
Options for Anonymous reporting are available at http://www.uakron.edu/safety/report-a-problem/anonymous-reporting.dot and https://secure.ethicspoint.com/domain/media/en/gui/61475/index.html
The University’s options for investigating or resolving anonymous reports may be limited because of the unique challenges presented, including the following:
The University encourages all complainants to consider reporting to a Title IX Coordinator or choosing a Confidential Reporting Option.
Responsible employees have a duty to report gender-based misconduct. In addition, Ohio law requires those not in a legally protected role with knowledge of a felony to report it to law enforcement. All responsible employees also have an obligation to notify The University of Akron Police Department of a felony. For sexual misconduct, intimate partner violence, or interpersonal violence that may also constitute a criminal offense that occurred on The University of Akron campus, contact the University Police directly at (330) 972-2911 to file a police report. The University of Akron Police officers are trained to respond quickly, with sensitivity and compassion.
Employees at the Wayne College Campus should report to the Wayne College Campus Police at (330) 684-8910.
Students, active bystanders, family, or other concerned individuals are not required, but are able to report gender-based misconduct. Reports from third parties will result in the Deputy Title IX Coordinator for Employees contacting the complainant as with all other such reports.
Note: This roster of Title IX coordinators was accurate when the report was published. Changes have occurred. See the current coordinators.
All concerns about sexual misconduct, intimate partner violence, sexual harassment, or retaliation should be reported to:
Another easy and effective way to report Title IX violation is through The University of Akron’s online reporting system at: www.uakron.edu/title-ix/online. All online reports are transmitted electronically to the Title IX Coordinator and Deputy Title IX Coordinators
An employee who experienced gender-based misconduct (sexual misconduct, intimate partner violence, interpersonal violence, sexual harassment, or gender-based discrimination) should retain all communications from the respondent, including email, voicemail, text-messages, and social media communication.
For emergency situations, please contact The University of Akron Police Department by calling (330) 972-2911.
Responsible employees are required to report criminal behavior; however, complainants are not required to speak with police. The University of Akron will comply with an employee’s request for assistance in notifying the University of Akron Police. A report to The University of Akron Police or other law enforcement agency does not require the complainant to pursue a University investigation (formal complaint).
When the University of Akron Police Department receives a report of sexual misconduct or intimate personal violence, they will investigate the criminal behavior. The University of Akron Police will verify that a Title IX referral has been submitted and evaluate the available information to determine if a timely warning safety notification will be made.
When the University of Akron Police receive a report from a Deputy Title IX Coordinator on behalf of a complainant who does not wish to speak to the police, the Police, when possible, will defer to the request from a complainant for privacy.
Please note that a delay in reporting to police could weaken or result in a loss of evidence used to determine whether an individual is responsible for a criminal offense. In the State of Ohio individuals may have up to 20 years to file a sexual assault report with the police.
An employee arrested for certain criminal offenses, including rape, sexual battery, gross sexual imposition and domestic violence, may be subject to a “1219” proceeding. “1219” refers to the section of Ohio law which provides for the suspension and termination of employees arrested and convicted of crimes of violence that occur on or affecting University persons or property. The initiation of a “1219” proceeding against an employee does not prohibit the University from investigating and taking University disciplinary action against the same employee under applicable University Rules/Policies for the same conduct that gave rise to the “1219” proceeding.
If the investigation finds sufficient information exists to believe that gender-based misconduct has occurred, the University will take immediate and appropriate steps to stop the misconduct, prevent any further violations, remedy the effects of the misconduct and prevent retaliation. Such steps may include increasing security in a designated space, no-contact directives, and/or required education/training of the respondent or department or campus training.
Upon receipt of a report, the Deputy Title IX Coordinator for Employees will reach out to the complainant and request to meet to discuss support and to ensure the complainant is aware of and understands all available options.
The Deputy Title IX Coordinator for Employees provides the complainant with written notification of this policy and information about support services available to complainants.
No police report, formal complaint or investigation need occur before this support is available. A complainant can access these services at any time, even if the employee initially declined the service.
When a complainant meets with the Deputy Title IX Coordinator, or designee, they will discuss the report submitted, safety planning and any possible timely warning safety notifications. The complainants will also be offered personalized support through interim measures and will discuss possible formal complaints (investigations) related to the report. Complainants have the right not to meet with the Deputy Title IX Coordinator, or designee, but are encouraged to do so.
To initiate support or report prohibited behaviors on the Akron campus, contact Ms. Tami Hannon, who serves as the Deputy Title IX Coordinator for Employees. Ms. Hannon is available during regular business hours and serves as the intake coordinator for all reports of gender-based misconduct involving non-students. Ms. Hannon can be reached at the Administrative Services Building, 138, The University of Akron, OH 44325-4733, (330) 972-7300 or tlz2@uakron.edu.
To initiate support or report prohibited behaviors at a regional campus, including the Wayne College Campus, contact Mr. Gordon Holly who serves as the Deputy Title IX Coordinator for Wayne College. Mr. Holly is available during regular business hours and meets with students to discuss interim measures of support. When appropriate, Mr. Holly may coordinate support with Ms. Hannon at the main campus. Mr. Holly can be reached at Wayne College, Boyer HPE Building, E242, (330) 972-8740 or gholly@uakron.edu.
The Deputy Title IX Coordinator will assist the employee with possible interim measures of support/protective measures such as:
If a report of a sexual misconduct or intimate partner violence indicates there is an immediate threat to the health or safety of persons on campus or that an on-going serious or continuing threat to the campus community exists, a timely warning will be issued to the campus community. When possible, complainants will be advised if the Deputy Title IX Coordinator anticipates a timely warning may be issued.
Even if a complainant does not specifically request their information remain confidential, The University of Akron will seek to protect their privacy, to the extent possible. The Deputy Title IX Coordinator for Employees will discuss with complainants what information is confidential and what information is not. This discussion includes the privacy protections related to crime logs, annual security reports, timely warnings, police reports, evidence gathered during investigations and interim measures.
It is also possible that reports of gender-based misconduct are incomplete and submitted without all possible detail. The Deputy Title IX Coordinator will discuss with the complainant what information has been reported before providing an opportunity to disclose additional information.
The Deputy Title IX Coordinator will assist the employee with interim measures of support which may include, but are not limited to:
Interim measures may also take the form of a personalized or expedited referral to campus resources. Employees are encouraged to seek support from such resources.
Counselors at a variety of agencies both on and off campus can help a person decide what steps to take, such as seeking medical attention, preserving evidence, obtaining counseling, and reporting to authorities. The University of Akron has rape crisis center advocates on campus. Information, support and advice are available for anyone who wishes to discuss issues related to sexual misconduct, intimate partner violence or sexual harassment; whether a report of gender-based misconduct has been submitted or if the person is seeking information on behalf of a complainant, witness or respondent.
Professional staff members who are legally obligated to maintain confidentiality work at these offices. Meeting with one of these staff members will not initiate the reporting process.
Crisis intervention and assistance in reporting is available to victims/survivors 24 hours a day by calling:
A complainant targeted with sexual misconduct or intimate partner violence is urged to seek appropriate medical evaluation immediately after the incident.
For life-threatening conditions, call (330) 972-2911, or go to the nearest hospital emergency department.
The University Health Services also offers services through the Well Women’s Clinic.
A person who has experienced a violation is encouraged to request collection of medical/legal evidence. Prompt collection of physical evidence is essential should a person later decide to pursue criminal prosecution and/or a civil action against the respondent. Collection of evidence may involve interaction with police and a police report. It is the decision of the complainant whether to speak with the police or not, even if the police are notified about the alleged violation.
A free and confidential exam can be administered at most hospitals. The sooner the sexual assault is reported, the more likely important evidence will still be present. “Date rape” drugs may still be present in the complainant’s system and should be tested for if the complainant believes they may have been drugged. To help preserve evidence that may assist in proving a formal complaint or obtaining a protection order, the complainant is encouraged to put any soiled clothes in a paper (not plastic) bag, and to refrain from the following:
If an individual is uncertain about whether they want to report what has occurred, they can still have evidence collected. In cases of sexual assault, the police may be called to the hospital. The complainant can then decide whether to speak with the police at that time to report what has happened.
For legal assistance you may contact Community Legal Aid Services in Akron at (330) 535-4191 or the Akron Bar Association at (330) 253-5007. Legal services may include, but are not limited to, restraining orders, child support, custody, divorce, visitation restrictions, visa adjustments, and division of debts and property. There may be fees associated with some or all these legal services.
The Deputy Title IX Coordinator will assist the complainant in contacting the Rape Crisis Center of Medina and Summit County, or other local agency, if they request assistance with a personal advocate.
The University of Akron recommends that all incidents of gender-based misconduct be investigated to the extent possible. A Deputy Title IX Coordinator will review available options for investigations with the complainant.
A Deputy Title IX Coordinator will assist the complainant in determining:
A Deputy Title IX Coordinator will encourage, but not force, the complainant to consider participating in an investigation.
Complainants are provided information about possible criminal investigations as well as possible University investigations.
A criminal charge and a University investigation may be pursued at the same time, but they are two separate and distinct processes.
If a complainant requests an investigation, the Deputy Title IX Coordinator for Employees will assist the employee with submitting a formal complaint to the appropriate University department or police agency.
The University has an obligation to promptly take steps to investigate or otherwise determine what occurred and then to take appropriate steps to resolve formal complaints, to the extent feasible, when it knows or reasonably should know about possible gender-based misconduct, from any source, regardless of whether a complainant declines to participate in the process or a respondent is a third-party or is no longer a University employee.
Reporters (or the complainant if different from the reporter) may request that a report not be investigated or that their identity remain confidential. In such cases, a Deputy Title IX Coordinator, in consultation with the Title IX Coordinator, will evaluate the request for confidentiality in the context of the University’s commitment to provide a safe and non-discriminatory campus environment.
If the request for confidentiality or that a report not be investigated is granted, the University will not conduct a formal investigation.
However, under some circumstances, a Deputy Title IX Coordinator, in consultation with the Title IX Coordinator, may determine that, despite the request for confidentiality or that the report not be investigated, the University has an obligation to formally investigate a report, such as when there is a significant risk to the campus community. In this case the complainant will be informed of the decision to conduct a formal investigation.
To evaluate a request for confidentiality or not to investigate a report, a Deputy Title IX Coordinator, in consultation with the University’s Title IX Coordinator, may take appropriate steps to conduct a preliminary review into the alleged violation and weigh the request against the following factors:
If the reporter (or complainant if different from the reporter) insists that their privacy be protected and that their name or other identifiable information not be disclosed to the respondent, a Deputy Title IX Coordinator will advise the reporter and/or complainant of the University’s limited ability to respond to the report.
A respondent has a right to know the name of the reporter (or complainant if different from the reporter) as well as information included in the formal complaint; thus the University may not be able to both investigate a report and maintain the confidentiality of the reporter (or complainant if different from the reporter).
The University may take other steps to limit (stop and prevent) the effects of the reported gender-based misconduct. The University will respond to formal complaints, reports, or information about incidents of gender-based misconduct to stop prohibited discrimination, eliminate any hostile environment, take steps to prevent the recurrence of the discrimination, and address any effects on campus or in the context of any University programs and activities regardless of location.
The Deputy Title IX Coordinator for Employees will inform the complainant of their right to request an investigation through the Equal Employment Opportunity/Affirmative Action Office if the respondent is an employee or third-party. If the respondent is a student, the Deputy Coordinator for Students will notify the employee of their right to request an investigation. In this case the matter may be investigated by either The University of Akron Equal Employment Opportunity/Affirmative Action Office and/or The Department of Student Conduct and Community Standards. If the respondent is a third party, the Deputy Coordinator will assist the complainant in reporting the alleged conduct to the authorities in the appropriate jurisdiction.
The University of Akron will preserve the complainant’s (and respondent’s) privacy to the extent possible and permitted by law.
When the complainant(s) and the respondent(s) in a formal complaint are University of Akron students the Department of Student Conduct and Community Standards staff serve as the investigator(s) of the formal complaint. The Department of Student Conduct and Community Standards is located in Simmons Hall 302 and can be reached at (330) 972-6380.
When the respondent in a formal complaint is a University of Akron faculty member, staff member, or guest of the University, the Director of The Office of Equal Employment Opportunity and Affirmative Action will serve as the investigator of the formal complaint. The Office of Equal Employment Opportunity and Affirmative Action is located in the Administrative Services Building Room 138 and can be reached at (330) 972-7300.
The University of Akron informs employees who have been the victim/survivor of sexual misconduct, intimate partner violence, or interpersonal violence of their ability to pursue criminal charges against the person or persons they believe to have committed the crime.
A Deputy Title IX Coordinator will assist the employee in filing a formal complaint with The University of Akron Police if on-campus or assist in referring the student to another appropriate police department, if off-campus.
If a police report has already been filed, a Deputy Title IX Coordinator may assist the employee in learning about the status of an investigation.
Formal complaints may also be filed with the United States Department of Education, Office for Civil Rights. Additional information can be found at: http://www2.ed.gov/about/offices/list/ocr/docs/howto.html.
Interim measures are issued to protect complainants and respondents from harm and to remedy the effects of gender-based misconduct. Interim measures may also be issued to protect the larger campus community from harm. Interim measures will be issued by a Deputy Title IX Coordinator after an evaluation to ensure the complainant and respondent are treated fairly and have equitable access to support through these measures.
Employees may, upon request, obtain interim support services from a Deputy Title IX Coordinator, such as changing work schedules, working locations and transportation circumstances. The University will make such accommodations or provide such reasonable protective measures if they are reasonably available. A Deputy Title IX Coordinator will exercise discretion and sensitivity about sharing the identity of the complainant when arranging for interim support services.
The Deputy Title IX Coordinator will maintain as confidential any support services or protective measures provided to the complainant to the extent that maintaining such confidentiality would not impair the ability of the University to provide the support services or protective measures. There may be times when the University must disclose some information about the complainant to University faculty or staff to provide accommodations or protective measures. This information will be limited only to what and who is needed to complete the accommodation/protective measure(s). A Deputy Title IX Coordinator will determine what information will be disclosed and to whom based upon the request.
A Deputy Title IX Coordinator, the Rape Crisis Center of Medina and Summit County, as well as The University of Akron Police Department may assist the employee in obtaining a “no contact” directive, an order of protection, or a restraining order.
A University of Akron “No Contact Directive” can be requested following a report of sexual misconduct, intimate partner violence or sexual harassment. The directive may also be requested upon the initiation of or at any point during an investigation of a formal complaint. This request can be made to a Deputy Title IX Coordinator.
No contact directives can be requested by complainants or respondents.
Any violation of a No Contact Directive should be reported immediately to a Deputy Title IX Coordinator. A violation of a “No Contact Directive” may result in a referral to the Equal Employment Opportunity/Affirmative Action Office for possible rule/policy violations even if a formal complaint has already been made.
Upon request, a Deputy Title IX Coordinator, The University of Akron Police, or a Rape Crisis advocate may assist complainants in requesting protection or restraining orders.
An individual who believes they have been the victim of a crime can request a court-issued order from the jurisdiction in which the crime took place and/or the accused individual is located.
Temporary Criminal Protection orders can be requested through the appropriate police departments and/or criminal court. These orders can be issued during an active criminal case against an alleged offender for a specific duration.
For additional information or to request a criminal protection order contact:
After a court order is issued, the protected party should provide a copy of the court order to the Deputy Title IX Coordinator for Employees. The University of Akron will comply with a lawful order of protection upon receipt of the order.
Any violation of a court-issued order should be promptly reported to the police.
Upon request, a Deputy Title IX Coordinator, The University of Akron Police, or a Rape Crisis advocate may assist complainants in requesting protection or restraining orders.
An individual who has experienced or believes they are at risk of experiencing violence, threats, or abuse may apply for a civil protection order. Protection orders may be issued following reports of: domestic violence and stalking or sexually-oriented offense. Civil protection orders can be obtained through local courts, depending upon the location of the incident/accused individual.
After a court order is issued, the protected party should provide a copy of the court order to the Deputy Title IX Coordinator for Employees. The University of Akron will comply with a lawful order of protection upon receipt of the order.
Any violation of a court-issued order should be promptly reported to the police.
A respondent who commits a crime may be subject to criminal prosecution and/or civil litigation as well as disciplinary action by The University of Akron. A police report must be made for criminal prosecution to be considered by the local prosecuting attorney. The chances of successful prosecution are greater if the report is timely and is supported by the collection of medical and/or legal evidence.
In certain circumstances the University may need to briefly suspend the investigation of a formal complaint at the request of law enforcement while the law enforcement agency is in the process of gathering evidence. The University will maintain regular contact with law enforcement to determine when it will begin/resume its investigation, usually after the law enforcement agency has completed the evidence-gathering process, or sooner if the University determines that the evidence-gathering process will be lengthy or delayed. The University will not wait until the ultimate outcome of the criminal investigation to begin or complete its own investigation of a formal complaint.
The University of Akron Police Department will not close an investigation due to non-cooperation of a complainant without first providing time to respond that is adequate and reasonable under the circumstance. Nor will University police personnel prohibit the complainant or others from discussing a formal complaint. Support services and resources are available regardless of criminal charges, participation in a University investigation, or University disciplinary action.
Title IX formal complaints involving respondents who are employees of The University of Akron will be investigated by the Equal Employment Opportunity and Affirmative Action Office (EEO/AA).
A formal complaint involves an investigation, when appropriate, and will conclude with a written finding providing whether, by a preponderance of the evidence, there has been a violation of The University of Akron’s Sexual Harassment and/or Affirmative Action Policy. A formal complaint can be made with the Office of EEO/AA. The investigation is conducted in good faith to provide a prompt, adequate, reliable, equitable, and impartial investigation of the formal complaint. The Office of EEO/AA also investigates allegations of retaliation, as defined by this Policy.
Note: In some instances, the parties may agree to an informal resolution. The main purpose of an informal resolution is to stop the offending behavior. Some examples of an informal resolution may include, but are not limited to, educational counseling with the respondent, or disciplinary action against the responsible employee. An informal approach does not result in finding a policy violation. An individual may choose to advance to the formal process at any time. Incidents of sexual assault will not be subject to an informal resolution.
Prior to the resolution of a formal Title IX complaint, and to ensure compliance, the Title IX Coordinator, or relevant Deputy Title IX Coordinator, will review any proposed resolution (finding and sanctions, if any). The failure of an investigator to find sufficient information for cause is not the same as filing a false allegation.
Even absent a finding of responsibility for a Title IX violation, the University may still institute remedial actions deemed necessary to remedy any effects of the alleged incident, including but not limited to, education/training.
Title IX formal complaints involving complainant(s) and respondent(s) that are University of Akron students will be investigated by the Department of Student Conduct and Community Standards (SCCS). The complaint process for students is outlined in the Title IX Reporting Protocol for Students at: www.uakron.edu/title-ix/students.
The complainant and respondent have the right to be accompanied by an advisor of their choice, including an attorney or advocate, to any related meeting or proceeding. The role of the advisor is only to be present to advise; they will not be permitted to interject during the meeting. If the advisor is determined to be unreasonably interfering with the investigation, they may be asked to leave.
The complainant and respondent will have equitable and timely access to information being considered in the investigation process.
The complainant and respondent are entitled to the same opportunity to file a written statement, to submit relevant information/evidence, and to identify relevant witnesses.
The investigator will contact the parties and witnesses to establish interview times and locations, as necessary.
Confidential medical/counseling records and information regarding an employee’s sexual history with others will not be provided to the other party without written consent.
The investigator will prepare a written report of the findings of the investigation. The complainant and the respondent will both be provided with a copy of the final investigative report.
If the investigator determines that, based on a preponderance of the evidence, a violation of the Sexual Harassment Policy and/or Affirmative Action Policy has occurred, the investigating officer shall provide a copy of the investigative report to the respondents immediate supervisor, the Dean of the relevant College, Talent Development & Human Resources, and any other relevant individuals, to issue an appropriate sanction or sanctions.
The failure of an investigator to find a rule/policy violation is not the same as filing a false report.
Employee sanctions vary depending on the severity of the violation and are commensurate with the violation(s) found to have occurred. In cases where sexual misconduct is found to have occurred, the University will determine appropriate, enforceable sanctions and other measures reasonably calculated to stop the harassment and prevent its recurrence. More than one sanction may be imposed for any single violation. Individual circumstances and prior conduct history are included in the factors that are considered when determining the sanction(s).
Sanctions include, but are not limited to, the following:
Both the complainant and respondent have the right to appeal the findings of the EEO/AA Officer. Appeals of EEO/AA findings shall be submitted to the Associate Vice President for Human Resources at sarah30@uakron.edu within five (5) business days from the date of the EEO/AA findings. The party filing the appeal shall give notice of the appeal, along with the specific reason(s) for the appeal, in writing, to the Title IX Coordinator.
The grounds for appeal are to determine the following:
Notice of the outcome of the appeal will be provided to the complainant and respondent.
During any stage of the investigation, if the investigator reasonably suspects that an employee’s continued presence on campus presents a safety threat to the university community or a threat to the employee’s own physical or emotional safety, the investigator will notify the University of Akron Police Department, the Deputy Title IX Coordinator for Employees and the Title IX Coordinator. If it is determined that such a threat exists, the employee may be placed on administrative leave immediately, pending the investigation. This administrative leave does not replace the regular investigation process.
Administrative leave may prohibit the employee from all or part of University property and activities or permit the employee to be present on campus only under specified conditions (e.g., with a police escort).
The University is dedicated to preventing Title IX violations by providing:
Title IX records are subject to the University of Akron records retention policy available at http://www.uakron.edu/ogc/legal-policies-and-procedures/records/records-retention.dot
This protocol applies to on-campus conduct, as well as off-campus conduct, academic, educational, co-curricular, athletic, study abroad, and all other University programs and activities. This protocol applies to all forms of gender-based misconduct, including pregnancy or marital status-based discrimination. It applies to all Title IX athletics issues and to different treatment based on sex.
The standard of review used to determine responsibility is a “preponderance” standard. This determination is based on the greater weight of the information/evidence and does not require a standard beyond a reasonable doubt.
The University of Akron is committed to addressing all complaints of Title IX violations in a prompt and equitable manner.
Reports of gender-based misconduct can be reported to a Deputy Title IX Coordinator at any time following an incident. There is no requirement that a report be submitted immediately following an incident. The extent to which a formal complaint of gender-based misconduct can be investigated may decrease when involved individuals leave The University of Akron or if evidence becomes unavailable.
The length of a University investigation and disciplinary action will vary depending on the facts and circumstances following receipt of the report. Some of the factors influencing this timeline include the complexity of the investigation and the severity and extent of the alleged violation.
The timeline may also be affected by the availability of witnesses, holidays, break periods, and the parties’ requests for continuances. Reasonable requests for extensions of time will not be denied and will be available equally to each party. Other factors may also affect the typical timeline.
In the State of Ohio individuals may have over 20 years to file a sexual assault report with the police.
The policies, procedures, and sanctions outlined in the Code of Student Conduct apply to all student violations of the Code of Student Conduct. The Code of Student Conduct can be found at: http://www.uakron.edu/ogc/UniversityRules/pdf/41-01.pdf.
Additional information about the Code of Student Conduct or its implementation is available in the Department of Student Conduct and Community Standards, Simmons Hall 302 or online at www.uakron.edu/studentconduct.
The University of Akron is committed to a working and learning environment free of discrimination. The University of Akron Affirmative Action policy can be found at www.uakron.edu/ogc/UniversityRules/pdf/38-01.pdf.
Additional information about the Affirmative Action Policy or its implementation is available in the Office of Equal Employment Opportunity and Affirmative Action, Administrative Services Building Room 138 or online at www.uakron.edu/hr/eeoaa.
It is a violation of this protocol to knowingly make a false report of a Title IX violation. However, failure to prove a claim is not equivalent to making a false report. It is also a violation of this protocol for an employee or other person to knowingly make a false statement as part of the investigation or disciplinary hearing.
The investigation is conducted by professionals who receive annual training on issues related to Title IX violations and on investigating that protects the safety of employees and promotes accountability.
The Title IX Coordinator is responsible for this protocol. It is reviewed annually and posted as required by law as part of the Annual Campus Safety Report.
The University of Akron’s Protocol is designed to comply with applicable state and federal laws. The University of Akron reserves the right to modify or deviate from this Protocol when, in the sole judgment of the University, circumstances warrant, to protect the rights of the involved parties or to comply with applicable law or regulations.
There are certain legal protections available to international employees or international students. The U-visa and the T-visa are currently among those options. The U-visa provides temporary legal status and work eligibility for complainants of specific crimes (including domestic violence, sexual assault, human trafficking, involuntary servitude, and other violations). The T-visa provides complainants of human trafficking and immediate family members with temporary legal status and work eligibility. Additional information is available through the U.S. Department of Homeland Security U.S. Citizenship and Immigration Services at: www.uscis.gov. For further information with this or other immigrant status questions, please contact Community Legal Aid Services in Akron at (330) 535-4191.
The Education Amendments of 1972, or Title IX, provides:
No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.
Title IX applies to institutions that receive federal financial assistance from the Department of Education, including state and local educational agencies.
Additional information about Title IX is available at https://www2.ed.gov/about/offices/list/ocr/index.html.
This Protocol is not intended to and will not be enforced to infringe upon First Amendment rights, including the right to freedom of speech or academic freedom.
The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act of 1990 (“Clery Act”), requires all colleges and universities that participate in federal financial aid programs to keep and disclose information about crime on and near their respective campuses and to notify the campus community of certain safety concerns. The Clery Act requires colleges and universities to:
The Violence Against Women Reauthorization Act of 2013 (“VAWA”) amended the Clery Act. VAWA requires institutions to compile statistics for incidents of dating violence, domestic violence, sexual assault, and stalking and to include certain policies, procedures and programs pertaining to these incidents in their annual security reports.
Additional Information about VAWA is available at www.justice.gov/ovw.
The following definitions of criminal behavior in the State of Ohio are considered violations of Title IX. These definitions describe many of the same crimes outlined in the prohibited behaviors section of this policy.
There is currently no definition of “Sexual Assault” in the Ohio Revised Code.
(A)(1) No person shall engage in sexual conduct with another who is not the spouse of the offender or who is the spouse of the offender but is living separate and apart from the offender, when any of the following applies:
(A) No person shall engage in sexual conduct with another, not the spouse of the offender, when any of the following apply:
(A) No person who is eighteen years of age or older shall engage in sexual conduct with another, who is not the spouse of the offender, when the offender knows the other person is thirteen years of age or older but less than sixteen years of age, or the offender is reckless in that regard.
(A) No person shall have sexual contact with another, not the spouse of the offender; cause another, not the spouse of the offender, to have sexual contact with the offender; or cause two or more other persons to have sexual contact when any of the following applies:
(B) No person shall knowingly touch the genitalia of another, when the touching is not through clothing, the other person is less than twelve years of age, whether or not the offender knows the age of that person, and the touching is done with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.
(A) No person shall have sexual contact with another, not the spouse of the offender; cause another, not the spouse of the offender, to have sexual contact with the offender; or cause two or more other persons to have sexual contact when any of the following applies:
(A) No person shall knowingly cause or attempt to cause physical harm to a family or household member.
(B) No person shall recklessly cause serious physical harm to a family or household member.
(C) No person, by threat of force, shall knowingly cause a family or household member to believe that the offender will cause imminent physical harm to the family or household member.
There is currently no definition of “Dating Violence” in the Ohio Revised Code.
(A) No person shall knowingly do either of the following:
(B) No person, with knowledge that the person has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome, shall knowingly do any of the following:
(A)(1) No person by engaging in a pattern of conduct shall knowingly cause another person to believe that the offender will cause physical harm to the other person or a family or household member of the other person or cause mental distress to the other person or a family or household member of the other person. In addition to any other basis for the other person’s belief that the offender will cause physical harm to the other person or the other person’s family or household member or mental distress to the other person or the other person’s family or household member, the other person’s belief or mental distress may be based on words or conduct of the offender that are directed at or identify a corporation, association, or other organization that employs the other person or to which the other person belongs.
(2) No person, through the use of any form of written communication or any electronic method of remotely transferring information, including, but not limited to, any computer, computer network, computer program, r-computer system, or telecommunication device shall post a message or use any intentionally written or verbal graphic gesture with purpose to do either of the following:
The following is a list of additional specific offenses under Ohio law that may fall under the broader categories identified above. This list is not exhaustive and, depending upon the circumstances of the crime and the individuals involved, other offenses could fall into these categories:
Ohio Revised Code 2151.421 describes the responsibility to report child abuse or neglect which may become apparent when working with students under the age of eighteen.
By providing resources for prevention, education, support, investigation, and a fair disciplinary process, The University of Akron seeks to eliminate all Title IX violations.
The SAVE team, Office of Student Success, in collaboration with the Title IX Coordinator, creates, supports, and evaluates educational and support programs aimed at the eradication of Title IX violations involving the University of Akron. To support these programs, the Deputy Coordinator for Students at Akron’s main campus coordinates campus-wide Title IX violation education, awareness, and prevention programs. These educational opportunities are available for both students and employees.
Through this commitment, the Office of Student Success educates the campus community on the following:
The University of Akron requires all incoming employees to complete an online education program through the education technology company Everfi which addresses conduct that falls under Title IX, prevention training and their obligations under Title IX. They have access prevention and awareness programing. Targeted training sessions are provided to various departments and colleges including but not limited to the Athletics Department and Residence Life and Housing. Trainings are also provided by EEO/AA and/or the Title IX Coordinator(s), upon request.
The University of Akron Police foster a safe and non-discriminatory campus environment by doing the following:
The Justice Department’s Office of Violence Against Women (OVW) awarded The University of Akron a grant to reduce sexual violence, domestic violence, dating violence and stalking on campus. The grant will be available for three years during which funds will support a Coordinated Community Response Team. The team has four grant mandated goals on which to focus: 1.) implementation of universal prevention strategies, including training for faculty and staff, 2.) training for campus law enforcement, other first responders, and student conduct hearing board members, 3.) building upon a coordinated community response to violation, including Akron Police Department, Rape Crisis Center, and other internal and external partners, and 4.) mandatory bystander and prevention education for all new students.
Consider programming these numbers into your cell phone.
UNIVERSITY OF AKRON POLICE DEPARTMENT
Off-Campus Emergency 330-972-2911
On-Campus Emergency 9-1-1
Non-Emergency 330-972-2911
Akron Police
Emergency 9-1-1
Non-Emergency 330-375-2181
Akron Fire
Emergency 9-1-1
Non-Emergency 330-375-2211
Sexual misconduct
Help for victims of sexual misconduct
Resource and referral listings
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