MISSION STATEMENT

As members of the Lourdes University community we have rights and responsibilities. These rights and responsibilities help us to create an atmosphere of concern and caring, one conducive to the teaching/learning process. We are committed to providing a fair and equitable conduct process that values educational sanctions. We value the integrity of each person as well as the importance of community and as such seek to balance the common good with the needs of the individual.

Student rights include the following:

• Freedom from threats.
• Freedom from acts of violence.
• Freedom from unfair or obscene treatment from others.
• Freedom from interference from others in an unreasonable and unauthorized manner while in class, activities and University events.
• Freedom from theft and willful destruction of personal property.
• Right to study and learn in an atmosphere of academic freedom.
• Right to fundamental fairness in University disciplinary action.
• Right to be governed by justifiable academic regulations.
• Right to be informed of the regulations for academic and social conduct, and graduation requirements of the University.
• Right to petition for redress of grievances, academic and non‑academic.
• Right to know the results of any disciplinary hearing in which you are the alleged victim of any crime of violence or sex offense.

Student responsibilities include the following:

• To respect the rights and property of others.
• To be fully acquainted and comply with the published rules and regulations of the University.
• To comply with all local, state, and federal laws.
• To recognize that student actions reflect upon the individuals involved as well as upon the entire University community.
• To recognize the University’s obligation to provide an environment conducive for learning and academic inquiry.
• To adhere to the academic requirements determined by individual instructors.

INCIDENT REPORTS

To file an incident report documenting a violation of your student rights or the Community Standards Code, please complete the electronic incident report form or print out the PDF version and submit to the Welcome Center (see links on the right of this page). You may contact Nina Wright at nwright@lourdes.edu or 419-517-8413 to discuss any conduct, Sexual Misconduct (Title IX), or safety related concerns you may have.

ACADEMIC HONESTY

A goal of Lourdes University is to engage students in an honest and dynamic search for truth. Academic honesty is a hallmark of such a quest. Accordingly, students are expected and encouraged to engage in all aspects of their academic studies in an honest and ethical manner. Should instances of academic dishonesty arise, the following policies and procedures will be in force.

I. Definition:
Academic dishonesty is unethical behavior, which in any way violates the standards of scholarly conduct. It includes such behaviors as cheating on assignments or examinations, plagiarizing, submitting the same or essentially the same papers for more than one course without the consent of all instructors concerned, misappropriating library materials, or the destroying of or tampering with computer files. Also included in academic dishonesty is knowingly or intentionally helping another to violate any part of this policy.

Plagiarism is defined as presenting someone else’s work/ideas as one’s own. It includes submitting a paper written by someone else, failing to give credit to sources (for example, books, articles, websites, and interview sources) in research papers, verbatim use of phrasing without proper indication of quotation, use of paraphrased or summarized material without appropriate source citation and bibliographic attribution, and use of text generated through Artificial Intelligence. It is the policy of this academic community to invoke sanctions against students who violate these standards of academic honesty or who engage in academically dishonest behavior.

II. Sanctions:
Faculty members who suspect a student of academic dishonesty may resolve the problem directly with the student. In cases where culpability is substantiated or admitted, the sanction may include failure of the course as well as other sanctions up to and including suspension or expulsion from the University. When a student is sanctioned, the faculty member must report the incident in writing to that faculty members’ Department Chairperson. A copy of the report will be sent to the Dean of the College and the Provost. A student who has been sanctioned for more than one incident of academic dishonesty may receive additional sanctions as deemed appropriate by the Provost, including, but not limited to, suspension or dismissal from Lourdes University.

III. Appeals Procedure:
The student has five (5) working days after notification of the sanction to appeal to the instructor. The instructor has five (5) working days to render a decision on the appeal. If unsatisfied, the student has five (5) working days after notification of the instructor’s decision to appeal the sanction to the instructor’s Department Chair. The Department Chair has five (5) working days to render a decision on the appeal. If still unsatisfied, the student has five (5) working days after the notification of the Chair’s decision to appeal the sanction to the Dean of the faculty member’s college. The Dean has five (5) working days to render a decision. If still unsatisfied, the student has five (5) working days after the notification of the Dean’s decision to appeal the sanction to the Provost. The Provost has five (5) working days to render a decision, which is final. All steps of the appeal and responses must be in writing. If any deadline for a decision on the appeal is unmet, with the exception of that by the provost, the student may make the appeal to the next person in the process.

The University will continue to follow guidelines from Lucas County Health department and the CDC regarding communicable disease, including COVID 19. Students will abide by any isolation restrictions determined by the Lourdes University Health Center

MISSION STATEMENT OF THE OFFICE OF COMMUNITY STANDARDS

As members of the Lourdes University community we have rights and responsibilities. These rights and responsibilities help us to create an atmosphere of concern and caring, one conducive to the teaching/learning process. We are committed to providing a fair and equitable conduct process that values educational sanctions. We value the integrity of each person as well as the importance of community and as such seek to balance the common good with the needs of the individual.

PREAMBLE

Lourdes University, rooted in Catholic and Franciscan traditions, provides a values-centered education that enriches lives and advances academic excellence through the integration of the liberal arts and professional studies.

Lourdes University expresses its Franciscan identity as:

• a Community of Learning
• a Community of Reverence
• a Community of Service

We are first and foremost a Community because community is fundamental to the Franciscan tradition. As a Franciscan institution we acknowledge and celebrate our relationship to God, to self, to others, and to all of creation. The mission of Lourdes University is carried out in the context of a community that begins on the Lourdes campus among students, faculty, and staff and flows outward to embrace the religious and civic communities whom we engage. As a community we are called to grow, to be hospitable and inclusive, and to be peacemakers and justice seekers.

We are a Community of Learning. In the Franciscan tradition the love of learning stems from a desire to grow in our understanding of God, of creation, and of each other. The quest for

truth and understanding allows for growth and transformation to take place both in ourselves and in the world around us.

We are a Community of Reverence. Reverence recognizes and respects the dignity and worth of each human person and all creation. Reverence takes us beyond tolerance and calls us to treasure the diversity of the human family with its various ethnicities, cultures and faith traditions.

We are a Community of Service. The Franciscan tradition is intimately tied to service. The members of the university community challenge one another to cultivate a spirit of gratitude, to be mindful of those who feel unconnected and who are in need, and to develop and share our gifts with the broader community.

Recognizing that the diverse expressions within the human family enrich the learning and life of our community, Lourdes University, as a Catholic institution, is committed to nurturing an atmosphere that engages students, faculty, and staff in a dynamic exploration of a broad spectrum of ideas and cultures that leads to a multidimensional understanding of the world. Lourdes University fosters an intellectual community enriched by the full range and depth of human experience where diverse voices and viewpoints are represented.

Lourdes University reflects its Franciscan values of community, learning, reverence, and service through initiatives that include professional, pedagogical, and student development, as well as community events that actively promote and support a diverse population.

COVID-19 COMMUNITY SAFETY COMMITMENT As a Franciscan University with the fundamental value of community, Lourdes is committed to providing students and employees a coronavirus-safe environment and as such, it is understood that all members of the community commit to the following: I will take my temperature each day before coming to campus or take it at one of the on-campus stations. I will stay at home or return home if my temperature is above 100.4. I will complete the symptom self-check each day before coming to campus and will stay home if I am exhibiting any symptoms of COVID-19 such as persistent cough, shortness of breath, sore throat, or other symptoms. I will stay at home if I have been advised to self-isolate because of contact with a person who has been positively diagnosed with COVID-19. I will practice social distancing of six feet with others. I will engage in regular and frequent hand washing and practice good personal hygiene. I will wear a face covering in public on campus as mandated by Lourdes University and recommended by the CDC. I will stay current on the information, directions and requirements shared by Lourdes University at: https://www.lourdes.edu/campus-life/coronavirus/ I understand that if I do not adhere to this Community Safety Commitment, it may result in further action, including restriction from campus.

CODE OF CONDUCT The Code of Conduct states that “Students are required to engage in responsible social conduct that reflects credit upon the University.” This specifically speaks to the expectation that students abide by, and observe all directives concerning safety and limiting the spread of COVID-19.

 

PUBLIC SAFETY A major function of the Lourdes Public Safety Department is to keep Lourdes a safe campus and ensure that when emergencies or accidents happen, their impact is minimized and a return to normal activity will occur as quickly as possible. Students are encouraged to report continued violations of this policy and ODH guidelines to appropriate campus authorities. Administrators who observe that their warnings are being ignored should contact Public Safety for assistance.

 

STUDENT RIGHTS AND RESPONSIBILITIES

All members of the academic community have rights and responsibilities. These help create an atmosphere of concern and caring, one conducive to the teaching/learning process.

Student rights include the following:

1. Freedom from threats.
2. Freedom from acts of violence.
3. Freedom from unfair or obscene treatment from others.
4. Freedom from interference from others in an unreasonable and unauthorized manner while in class, activities and University events.
5. Freedom from theft and willful destruction of personal property.
6. Right to study and learn in an atmosphere of academic freedom.
7. Right to fundamental fairness in University disciplinary action.
8. Right to be governed by justifiable academic regulations.
9. Right to be informed of the regulations for academic and social conduct, and graduation requirements of the University.
10. Right to petition for redress of grievances, academic and non-academic.

Student responsibilities include the following:

1. To respect the rights and property of others.
2. To be fully acquainted and comply with the published rules and regulations of the University.
3. To comply with all local, state, and federal laws.
4. To recognize that student actions, reflect upon the individuals involved as well as upon the entire University community.
5. To recognize the University’s obligation to provide an environment conducive for learning and academic inquiry.
6. To adhere to the academic requirements determined by individual instructors.

ARTICLE I: DEFINITIONS

1. The term University means Lourdes University.
2. The term “student” includes all persons taking courses at the University, either full-time or part-time, pursuing undergraduate,  graduate, or professional studies. Persons who withdraw after allegedly violating the Community Standards Code, who are not officially enrolled for a particular term but who have a continuing relationship with the University or who have been notified of their acceptance for admission are considered “students” as are persons who are living in University residence halls, although not enrolled in this institution. For the purposes of administering Community Standards the term “student” shall also refer to a student organization recognized by the Student Activities Office.
3. The term “faculty member” means any person hired by the University to conduct classroom or teaching activities or who is otherwise considered by the University to be a member of its faculty.
4. The term “University official” includes any person employed by the University, performing assigned administrative or professional responsibilities.
5. The term “member of the University community” includes any person who is a student, faculty member, University official or any other person employed by the University. A person’s status in a particular situation shall be determined by the Dean of Students.
6. The term “University premises” includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the University (including adjacent streets and sidewalks) and University sponsored activities on or off campus. This term also refers to any land, building, facility or other property that the University is leasing or renting for a University function.
7. The term “organization” means an organization that is acknowledged, or recognized, by the Student Activities Office and Lourdes University. A registered student organization has an updated roster, at least 3 student members, a completed constitution, and an advisor and is expected to uphold the Community Standards Code of Conduct
8. The term “Community Standards Board” means any persons authorized by the Dean of Students to conduct a hearing to determine whether a student has violated University policy and to recommend sanctions, subject to the Dean of Student’s approval, that may be assigned when it is determined that a violation has been committed. A Community Standards Board may be one individual, or a committee of staff, faculty and students, at the discretion of the Dean of Students.
9. The Dean of Students may authorize a University official to fill the Dean of Students role in extraordinary situations. This University official designated to fill the  Dean of Students role may have some or all of the powers/roles assigned to the Dean of Students for the cases in question.
10. The term “Appellate Board” means any person or persons authorized by the Vice President for Student Life to consider an appeal from a Community Standards Board’s determination as to whether a student has violated the Community Standards Code or from the sanctions assigned by the Dean of Students.
11. The term “shall” is used in the imperative sense.
12. The term “may” is used in the permissive sense.
13. The term “policy” means the written regulations of the University as found in, but not limited to, the Community Standards Code of Conduct, Student Handbook, the University web pages and computer use policy, and Graduate/Undergraduate Catalogs.
14. The term “Complainant” means any member of the Lourdes community who submits an incident report alleging that a student violated this Community Standards Code. If a student believes they have been a victim of another student’s misconduct but are not the person who filed an incident report for that incident they shall have the same rights under the Community Standards Code as a Complainant who did file an incident report.
15. The term “Accused Student” means any student accused of violating this Community Standards Code.
16. The term “Guest” refers to a person not considered to be a member of the University community but who is on University premises accompanying a member of the University community.
17. The term “Student Impact Statement” refers to information, presented either orally or in written form, supplied by any member of the University community concerning the impact an incident has had upon their ability to pursue their education related activities at Lourdes University.
18. The term “Incident Report Form” refers to the document which is completed when a potential violation of Community Standards has occurred. This form may be completed by any member of the Lourdes University community.

ARTICLE II: COMMUNITY STANDARDS CODE AUTHORITY

1. The Dean of Students shall determine the composition of Community Standards Boards and determine which Community Standards Board shall be authorized to hear each matter. The Dean of Students shall determine the composition of any Appellate Boards and which Appellate Board shall be authorized to hear each matter.
2. The Dean of Students in partnership with the Title IX Coordinator shall develop policies for the administration of the student conduct system and procedural rules for the conduct of Community Standards Board Hearings that are consistent with provisions of the Community Standards Code.
3. Decisions made by a Community Standards Board and/or Dean of Students shall be final, pending the normal appeal process.

ARTICLE III: PROSCRIBED CONDUCT

A.  Jurisdiction of the University Community Standards Code

Jurisdiction shall apply to conduct that occurs on University premises, at University sponsored activities, and to off-campus conduct that adversely affects the University Community and/or the pursuit of its objectives.

Each student shall be responsible for their own conduct from notification of acceptance to the University through the actual awarding of a degree, even though conduct may occur before classes begin or after classes end, as well as during the academic year and during periods between terms of actual enrollment (and even if their conduct is not discovered until after a degree is awarded). The Community Standards Code shall apply to a student’s conduct even if the student withdraws from school while a disciplinary matter is pending. The Dean of Students shall decide whether the Community Standards Code shall be applied to conduct occurring off campus, on a case by case basis, in his/her sole discretion.

Online learners are expected to comply with university policies and procedures as outline in the student handbook. Additionally, online learners are expected to uphold the same respect and etiquette in an online course, virtual meetings, and within their communities as is required for all students on the Lourdes campus.

B.  Code of Conduct

Any student found to have committed or to have attempted to commit the following misconduct is subject to the disciplinary sanctions outlined in Article IV:

1. Acts of dishonesty, including but not limited to the following:
   a. Cheating, plagiarism, or other forms of academic dishonesty.
   b. Furnishing false information to any University official, faculty member, or office.
   c. Forgery, alteration, or misuse of any University document, record, or instrument of identification.
2. Disruption or obstruction of teaching, research, administration, disciplinary proceedings, normal University operations, athletic events, other University activities, including its public service functions on or off campus, or of other authorized non- University activities when the conduct occurs on University premises.
3. Physical abuse, verbal abuse, threats, intimidation, harassment, coercion, and/ or other conduct which threatens or endangers the health or safety of any person.
4. Any sexual misconduct that occurs without the consent of the victim, or that occurs when the victim is unable to give consent.
   a. Sexual misconduct involves:
   i. Sexual harassment- Unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that expressly or implicitly imposes conditions upon, threatens, interferes with, or creates a hostile environment, and the conduct is sufficiently serious to limit or deny someone’s ability to participate in or benefit from the school’s educational program and/ oractivities. Example of sexual harassment-a professor insists that a student have sex with him/her in exchange for a good grade.
   ii. Sexual violence-refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent. A number of different acts fall into the category of sexual violence including rape, sexual assault, sexual battery, sexual abuse, and sexual coercion.
   b. The term“consent” as it applies to sexual misconduct refers to all parties engaged in sexual activity giving permission to proceed with the activity in a way that a reasonable person would consider the words or actions of all parties to have manifested a mutually understandable agreement between them to do the same thing, the same way, at the same time, with the same parties.
   i.   Consent cannot be obtained through fraud, intimidation, or force (actual or implied);
   ii.  Consent cannot be given by a child to an adult;
   iii.  A person who is physically incapacitated cannot give consent even if they verbally agree to sexual activity;
   iv.  A person who is incapacitated due to drug or alcohol consumption, or who is unconscious, unaware, or otherwise physically helpless cannot give consent;
   v.   It is up to the initiator of sexual conduct to determine if the other parties are incapacitated using what a reasonable person would consider incapacitation;
   vi.  A person with a mental disability cannot give consent to sexual activity if they cannot appreciate the fact, nature, or extent of the sexual situation in which they find themselves.
   c. Additional clarifying rules of consent
   i.   A person who is the object of sexual aggression need not physically or otherwise resist a sexual aggressor in order for sexual misconduct to have occurred.
   ii.  Silence, previous sexual relationships, and/or current relationship with the respondent do not constitute consent.
   iii. Consent cannot be implied based upon the way a person is dressed or inferred from the purchase of meals, alcohol, or gifts.
   iv.  Consent to sexual activity can be withdrawn at any time, as long as the withdrawal is communicated clearly, and all sexual activity must immediately cease.
   v.   Consent has an expiration date. Just because a party gives consent once, it does not mean that consent is given for all future activity.
5. Attempted or actual theft of and/or damage to property of the University or property of a member of the University community or other personal or public property, on or off campus.
6. Hazing is defined as any willful act done by one or more individuals, whether physical, mental, emotional, or psychological, which subjects another person voluntarily or involuntarily to anything that may degrade, humiliate, harass, ridicule, intimidate, abuse, mistreat, or endanger that person, or which may in any fashion compromise their dignity as a person for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in, a group or organization.
7. Failure to comply with a directive of a University official or law enforcement officers acting in performance of their duties and/or failure to identify oneself to these persons when requested to do so.
8. Unauthorized possession, duplication or use of keys or student I.D. cards to any University premises or unauthorized entry to or use of University premises.
9. Violation of any University policy, rule,  or regulation published in hard copy or available electronically on the University website.
10. Violation of any federal, state or local law.
11. The use of non-prescribed controlled substances, possession and trafficking (manufacturing, dispensing, or selling) of controlled substances,
    a. Improper use of prescription medications
    b. Possession of drug related paraphernalia (i.e., bongs, bowls, pipes, and other common containers) is not permitted on the Lourdes University campus.
12. Unlawful use, possession, manufacturing, or distribution of alcoholic beverages; or use/misuse/abuse of alcohol related to disorderly conduct and/or any associated disruption on the University premises. Alcoholic beverages may not, in any circumstance, be used by, possessed by or distributed to any person under twenty-one (21) years of age.
    a. Lourdes University reserves the right to notify parents or guardians of students younger than 21 years of age who violate the University’s drug or alcohol policies. Parents may also be notified if a student requires medical attention as a result of any violation.
13. Possession of firearms, explosives, other weapons, or dangerous chemicals on University premises.
14. Participating in an on-campus or off- campus demonstration, riot or activity that disrupts the normal operations of the University and/or infringes on the rights of other members of the University community; leading or inciting others to disrupt scheduled and/or normal activities within any campus building or area.
15. Obstruction of the free flow of pedestrian or vehicular traffic on University premises or at University sponsored or supervised functions.
16. Conduct that is disorderly, lewd, or indecent; breach of peace; or aiding, abetting, or procuring another person to breach the peace on University premises or at functions sponsored by, or participated  in by, the University or members of the academic community. Disorderly Conduct includes, but is not limited  to: Any unauthorized use of electronic or other devices to make an audio or video record of any person while on University premises without his/her prior knowledge, or without his/her effective consent when such a recording is likely to cause injury or distress. This includes, but is not limited to, surreptitiously taking pictures of another person in a gym, locker room, or restroom.
17. Theft or other abuse of computer facilities and resources, including but not limited to:
    a. Unauthorized entry into a file, to use, read, or change the contents, or for any other purpose.
    b. Unauthorized transfer of a file.
    c. Use of another individual’s identification and/or password.
    d. Use of computing facilities and resources to interfere with the work of another student, faculty member or University official.
    e. Use of computing facilities and resources to send obscene or abusive messages.
    f. Use of computing facilities and resources to interfere with normal operation of the University computing system.
    g. Use of computing facilities and resources in violation of copyright laws.
    h. Any violation of the University Computer Use Policy.
18. Abuse of the Student Conduct System, including but not limited to:
    a. Failure to obey the notice from a Community Standards Board or University official to appear for a meeting or hearing as part of the Student Conduct System.
    b. Falsification, distortion, or misrepresentation of information before a Community Standards Board.
    c. Disruption or interference with the orderly conduct of a Community Standards Board proceeding.
    d. Institution of a student conduct code proceeding in bad faith.
    e. Attempting to discourage an individual’s proper participation in, or use of, the student conduct system.
    f. Attempting to influence the impartiality of a member of a Community Standards Board prior to, and/or during the course of, the Community Standards Board proceeding.
    g. Harassment (verbal or physical) and/ or intimidation of a member of a Community Standards Board prior to, during, and/or after a student conduct code proceeding.
    h. Failure to comply with the sanction(s) imposed under the Community Standards Code.
    i. Influencing or attempting to influence another person to commit an abuse of the Student Conduct System.
19. Students are required to engage in responsible social conduct that reflects credit upon the University.
20. Members of the University community are responsible for the actions of their guests on University premises even if the relevant conduct occurs off campus. Members of the University community whose guests are in violation of a University policy are considered to be in violation of that same policy and may be held responsible for their guest’s actions.
21. Gambling.
22. Smoking anywhere on University property including, but not limited to buildings, parking lots, vehicles, outdoor areas, cloister walks, entrance and exit ways, etc. is not permitted except for the two designated smoking areas at Lourdes Commons (the cement picnic table located behind Rosaria Hall and the cement picnic table between Justinian and Bonaventure Halls). Smoking of any kind is explicitly prohibited inside the Lourdes Commons residence halls and any other campus buildings. The smoking ban also extends beyond the 89 acre campus to include adjacent properties (Franciscan Academy of Lourdes University, The Den, Mission & Ministry house, the path between Lourdes Commons and Convent Blvd) and includes Lourdes owned or operated vehicles. This smoking ban does not apply to public rights-of-way (sidewalks, streets) on the perimeter of the campus. “Smoking,” as used in this policy, means smoking any substance including, but not limited to, tobacco, cloves, or marijuana. The use of smoke producing products including cigarettes, cigars, pipes, electronic cigarettes, etc. is also prohibited.
23. Any other action deemed contrary to the stated mission goals, policies and procedures of the University.

C.     Violation of Law and University Discipline

1. University disciplinary proceedings may be instituted against a student charged with conduct that potentially violates both the criminal law and this Community Standards Code (that is, if both possible violations result from the same factual situation) without regard to the pending civil or criminal litigation in court or criminal arrest and prosecution. Proceedings under this Community Standards Code may be carried out prior to, simultaneously with, or following civil or  criminal  proceedings off campus at the discretion of Dean of Students. Determinations made or sanctions imposed under this Community Standards Code shall not be subject to change because criminal charges arising out of the same facts giving rise to violation of University rules were dismissed, reduced, or resolved in favor of or against the criminal law defendant.
2. When a student is charged by federal, state, or local authorities with a violation of law, the University will not request or agree to special consideration for that individual because of his or her status as a student. If the alleged offense is also being processed under the Community Standards Code, the University may advise off-campus authorities of the existence of the Community Standards Code and of how such matters are typically handled within the University community. The University will attempt to cooperate with law enforcement and other agencies in the enforcement of criminal law on campus and in the conditions imposed by criminal courts for the rehabilitation of student violators (provided that the conditions do not conflict with campus rules or sanctions). Individual students and other members of the University community, acting in their personal capacities, remain free to interact with governmental representatives as they deem appropriate.

ARTICLE IV: COMMUNITY STANDARDS CODE PROCEDURES

A.     Charges and Community Standards Board Hearings

1. Any member of the University community may file an incident report against a student for violations of University policy. An Incident Report Form shall be prepared and directed to the Dean of Students. When an online Incident Report is submitted it is sent directly to the email account of the Dean of Students. The Incident Report Form is also available in hard copy at the Welcome Center. The Dean of Students may choose to accept incident reports submitted in formats other than the official form depending on individual circumstances and based upon his or her sole discretion. Any Incident Report should be submitted as soon as possible after the potential violation occurs, preferably within 48 hours. There is no deadline for which to file an Incident Report although the longer the complainant waits the more difficult it may be to investigate the incident.
2. The Dean of Students will forward to the Title IX Coordinator any incident reports that allege or relate to gender-based discrimination, harassment, or sexual misconduct. Please refer to the Lourdes University website for procedures governing Title IX incidents and investigations. Learn more about Title IX.
3. If the incident report does not allege a Title IX issue, the Dean of Students will present all charges to the accused student in written form.
4. If the incident report does not allege a Title IX issue, the Dean of Students may conduct an investigation to determine if the charges have merit and/or if they can be disposed of administratively.
5. If the charges are not admitted and/or cannot be disposed of administratively. The Dean of Students will conduct a hearing and make a decision, based upon gathered information, regarding whether a violation has occurred and deliver sanction recommendation.
6. If the Accused Student chooses a Community Standards Board hearing a time shall be set for the hearing not less than one nor more than fifteen calendar days after the Accused Student has been notified of the charges. Maximum time limits for scheduling of Community Standards Board Hearings may be extended at the discretion of the Dean of Students.
7. Community Standards Board Hearings shall be conducted by a Community Standards Board according to the following guidelines subject to necessary procedural changes as determined by the Dean of Students.
   a. Community Standards Board Hearings normally shall be conducted in private.
   b. The Complainant and the Accused Student have the right to be assisted by an advisor they choose. The advisor must be a member of the University community and may not be an attorney providing legal representation to the student. The Complainant and/or the Accused Student is responsible for presenting his or her own information, and therefore, advisors are not permitted to speak or to participate directly in any Community Standards Board Hearing before a Community Standards Board. A student should select as an advisor a person whose schedule allows attendance at the scheduled date and time for the Community Standards Board Hearing because delays will not normally be allowed due to the scheduling conflicts of an advisor. Lourdes is not responsible for the compensation of any Community Standards Board hearing advisors.
   c. The Complainant, Accused Student and their advisors, if any, shall be allowed to attend the entire portion of the Community Standards Board Hearing at which information is received (excluding deliberations).  Admission of any other person to the Community Standards Board Hearing shall be at the discretion of the Community Standards Board Chairperson and/or the Dean of Students.
   d. In Community Standards Board Hearings involving more than one Accused Student, the Dean of Students, in his or her discretion, may permit the Community Standards Board Hearings concerning each student to be conducted either separately or jointly.
   e. The Complainant, the Accused Student and the Community Standards Board may arrange for witnesses to present pertinent information to the Community Standards Board. The University will try to arrange the attendance of possible witnesses who are members of the University community, if reasonably possible, and who are identified by the Complainant and/or Accused Student at least two weekdays prior to the Community Standards Board Hearing. Witnesses will provide information to and answer questions from the Community Standards Board. Questions may be suggested by the Accused Student and/or Complainant to be answered by each other or by other witnesses. This will be conducted by the Community Standards Board with such questions directed to the chairperson, rather than to the witness directly. This method is used to preserve the educational tone of the hearing and to avoid creation of an adversarial environment. Questions of whether potential information will be received shall be resolved in the discretion of the chairperson of the Community Standards Board.
   f. Pertinent records, exhibits, and written statements (including Student Impact Statements) may be accepted as information for consideration by a Community Standards Board at the discretion of the chairperson.
   g. All procedural questions are subject to the final decision of the Dean of Students.
   h. After the portion of the Community Standards Board Hearing concludes in which all pertinent information has been received, the Community Standards Board shall determine by majority vote whether the Accused Student has violated each section of the Community Standards Code which the student is charged with violating.
   i. The Community Standards Board’s determination shall be made on the basis of whether it is more likely than not that the Accused Student violated the Community Standards Code.
   j. If the Community Standards Board determines a violation has been committed, a recommendation concerning sanctions will be made to the Dean of Students subject to his/her approval.
   k. Formal rules of process, procedure, and/ or technical rules of evidence, such as are applied in criminal or civil court, are not used in Community Standards Code proceedings.
8. If an Accused Student, with notice, does not appear before a Community Standards Board Hearing, the information in support of the charges may be presented, considered, and a determination of responsibility made even if the Accused Student is not present.
9. The Community Standards Board may accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the Complainant, Accused Student, and/or other witness during the hearing by providing separate facilities, by using a visual screen, and/or by permitting participation by telephone, videophone, closed circuit television, video conferencing, videotape, audio tape, written statement, or other means, where and as determined in the sole judgment of Dean of Students to be appropriate.
10. If the Accused student is not an enrolled student at the time of the alleged incident, s/he will be provided with all charges in written form and have the opportunity to respond. The Dean of Students may conduct an investigation to determine if the charges have merit and/or if they can be disposed of administratively by mutual consent of the parties involved on a basis acceptable to the Dean of Students. Such disposition shall be final and there shall be no subsequent proceedings. If the charges are not admitted and/or cannot be disposed of by mutual consent, the Dean of Students shall make a decision based upon any information gathered. In instances involving accused students who are not enrolled at the time of the alleged incident, the Dean of Students, in her/his sole discretion, may offer the option of a Community Standards Board Hearing to the Accused Student.

B.       Sanctions

1. The following sanctions may be imposed upon any student found to have violated the Community Standards Code:
   a. Warning – A notice in writing to the student that the student is violating or has violated institutional regulations.
   b. Probation – A written reprimand for violation of specified regulations. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found to violate any institutional regulation(s) during the probationary period.
   c. Loss of Privileges – Denial of specified privileges for a designated period of time.
   d. Fines – Monetary fines may be imposed at the discretion of the Dean of Students.
   e. Restitution – Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.
   f. Discretionary Sanctions – Work assignments, essays, service to the University, or other related discretionary assignments.
   g. Residence Hall Suspension – Separation of the student from the residence halls for a defined period of time, after which the student is eligible to return. Conditions for readmission may be specified.
   h. Residence Hall Expulsion – Permanent separation of the student from the residence halls.
   i. University Suspension – Separation of the student from the University, or specific programs and activities, for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified.
   j. University Expulsion – Permanent separation of the student from the University.
   k. Revocation of Admission and/or Degree
   – Admission to the University may be revoked for violation of University policy, or a degree awarded from the University may be revoked for fraud, misrepresentation, or other violation of University standards in obtaining the degree, or for other serious violations committed by a student prior to graduation.
   l. Withholding Degree – The University may withhold awarding a degree otherwise earned until the completion of the process set forth in this Student Conduct Code, including the completion of all sanctions imposed, if any.
   m. Removal from university athletic and leadership position. This may also include any aid/ scholarship provided by the university.
2. More than one of the sanctions listed above may be imposed for any single violation.
3. (a) Other than University expulsion or revocation or withholding of a degree, disciplinary sanctions shall not be made part of the student’s permanent academic record, but shall become part of the student’s disciplinary record. Upon graduation, the student’s disciplinary record may be expunged of disciplinary actions other than residence hall expulsion, University suspension, University expulsion, or revocation or withholding of a degree, upon application to the Dean of Students. Cases involving sanctions other than residence hall expulsion, University suspension, University expulsion or revocation or withholding of a degree shall be expunged from the student’s disciplinary record seven years after final disposition of the case.
4. (b) In situations involving both an Accused Student(s) and a student(s) claiming to be the victim of another student’s conduct, the records of the process and of the sanctions imposed, if any, shall be included in the academic records of both the Accused Student(s) and the student(s) claiming to be the victim because the educational career and chances of success in the academic community of each may be impacted.
5. The following sanctions may be imposed upon groups or organizations:
   a. Those sanctions listed above in article IV(B)(1)(a)–(l).
   b. Deactivation. Loss of all privileges, including University recognition, for a specified period of time.

C.     Interim Suspension

In certain circumstances, the Dean of Students may impose a University or residence hall suspension prior to a hearing.

1. Interim suspension may be imposed by the Dean of Students for reasons that include, but are not limited to,: a) ensuring the safety and well-being of members of the University community or preservation of University property; b) ensuring students’ physical and/or emotional safety and/or well-being; or c) ongoing threat of disruption of, or interference with, the normal operations of the University.
2. During the interim suspension, a student shall be denied access to the residence halls and/or to the campus (including classes) and/or all other University activities or privileges for which the student might otherwise be eligible, as the Dean of Students determines to be appropriate.
3. The interim suspension does not replace the regular process.

D.      Appeals

1. A decision reached by the Community Standards Board or a sanction imposed by the Dean of Students may be appealed by the Accused Student(s) or Complainant(s) to an Appellate Board within five (5) school days of the decision. Such appeals shall be in writing and shall be delivered to the Dean of Students via email or delivered to the Welcome Center.
2. Except as required to explain the basis of new information, an appeal shall be limited to a review of the verbatim record of the Community Standards Board Hearing and supporting documents for one or more of the following purposes:
   a. To determine whether the Community Standards Board Hearing was conducted fairly in light of the charges and information presented, and in conformity with prescribed procedures giving the complaining party a reasonable opportunity to prepare and to present information that the Community Standards Code was violated, and giving the Accused Student a reasonable opportunity to prepare and to present a response to those allegations. Deviations from designated procedures generally will not be a basis for sustaining an appeal unless significant prejudice results.
   b. To determine whether the decision reached regarding the Accused Student was based on substantial information, that is, whether there were facts in the case that, if believed by the fact finder, were sufficient to establish that a violation of the Community Standards Code occurred.
   c. To determine whether the sanction(s) imposed were appropriate for the violation of the Community Standards Code which the student was found to have committed.
   d. To consider new information, sufficient to alter a decision or other relevant facts not brought out in the original hearing, because such information and/ or facts were not known to the person appealing at the time of the original Community Standards Board Hearing.
3. The Dean of Student Life or designee will determine if the appeal meets one of the above standards and will then pass the appeal onto the appointed Appellate Board if it does.
4. If an appeal is upheld by the Appellate Board, the matter shall be returned to a Community Standards Board and Dean of Students for re-opening of a Community Standards Board Hearing to allow  reconsideration of the original determination and/or sanction(s). If an appeal is not upheld, the matter shall be considered final and binding upon all involved.

ARTICLE V: INTERPRETATION AND REVISION

1. Any question of interpretation or application of the Community Standards Code shall be referred to the Dean of Students for final determination.
2. The Community Standards Code shall be reviewed at least every 2 years under the direction of the Dean of Students.

RESPECT OURSELVES. RESPECT EACH OTHER.

Lourdes University is committed to fostering a welcoming and inclusive educational environment for all members of the University community. Consistent with this mission, Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681) and the Department of Education’s implementing regulations prohibit discrimination on the basis of sex/gender in the University’s programs and activities. It is important to understand that such discrimination includes sexual harassment, sexual assault, sexual violence, and other forms of sexual misconduct defined as Prohibited Conduct by this Policy.

Though Lourdes is fortunate to enjoy a very safe campus, we are determined to promptly respond to individuals who experience Prohibited Conduct by offering supportive measures; follow a fair grievance procedure to resolve Prohibited Conduct allegations when a complainant requests an investigation or a Title IX Coordinator decides on the University’s behalf that an investigation is necessary; and provide remedies to those who experience Prohibited Conduct.

In light of these commitments, the University has adopted this comprehensive Title IX: Sexual Misconduct Policy to address incidents of Prohibited Conduct in the University’s programs and activities; reporting, investigation, and complaint resolution procedures; available resources and supportive measures; and possible sanctions for violations of this Policy.

 

SCOPE

Lourdes University (“Lourdes” or the “University”) does not discriminate on the basis of sex in the education programs or activities that it operates, nor in admission to, or employment with, the University.  This Policy prohibits all forms of sex/gender-based harassment, sexual violence, sexual exploitation, relationship violence, and stalking, collectively referred to as “Prohibited Conduct,” which is defined below.

This Policy addresses Prohibited Conduct in the University’s programs and activities both on and off campus. Off campus conduct is subject to this Policy when it occurs in the course of a University program or activity or when the misconduct continues to have an adverse effect on any University program or activity.

The University will respond promptly in a manner that is not deliberately indifferent when the University has actual knowledge of Prohibited Conduct in an educational program or activity of the University against a person in the United States.

 

NON-DISCRIMINATION NOTICE & DESIGNATION OF TITLE IX COORDINATOR

Title IX of the Education Amendments of 1972 and its implementing regulations prohibit the University from discrimination on the basis of sex in the education programs or activities that it operates.  As noted above, this prohibition extends to admission and employment.  This Policy provides for the prompt and equitable resolution of complaints alleging any action prohibited by Title IX, and explains the process that the University will use for doing so.

The Title IX Coordinator has been designated and authorized to coordinate the University’s efforts to address concerns relating to discrimination and harassment on the basis of sex, gender, gender expression, gender identity, and sexual orientation. Any person may report sex discrimination, including sexual harassment (whether or not the person reporting is the person who experienced the conduct that could constitute sex discrimination or sexual harassment), at any time including non-business hours by contacting the Title IX Coordinator as follows:

Nina Wright
Title IX Coordinator
419-517-8413
nwright@lourdes.edu

Inquiries about Title IX may also be directed to the U.S. Department of Education’s Office for Civil Rights by contacting 1-800-421-3481 or emailing ocr@ed.gov.

Any duties or discretion assigned to the Title IX Coordinator by this Policy may be assigned to a designee.

 

KEY TERMS

To better understand the conduct that this Policy addresses, certain terms are defined below:

Coercion: Unreasonable pressure for sexual activity,  in a manner that overrides the voluntary nature of the participation.  Examples include threatening to disclose personal sexual information or threatening to harm oneself if the other party does not engage in sexual activity.

Consent: An affirmative decision to engage in mutually acceptable sexual activity given by clear, knowing, and voluntary actions or words. Consent is active, not passive. Silence, alone, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create mutually understandable clear permission regarding willingness to engage in (and the conditions of) sexual activity. Consent cannot be communicated in an individual’s manner of dress. Consent can be withdrawn or modified at any time. Consent to any one form of sexual activity cannot automatically imply consent to any other forms of sexual activity. Prior consent cannot imply future consent to future sexual acts. Acts of a sexual nature initiated by an individual who a reasonable person knows or should have known to be incapacitated is not Consent. In order to give effective Consent, one must be of legal age (in Ohio & Michigan: 16).

Force: Physical violence and/or physical imposition to gain sexual access. Force also includes threats, intimidation (implied threats) and coercion that overcome resistance or produce (ineffective) Consent.

Incapacitation: State in which an individual is unable to consent to sexual contact. States of incapacitation include, but are not limited to: sleep, unconsciousness, intermittent consciousness, or any other state when a person is incapable of making an intentional decision to participate in a sexual act or unaware that sexual contact is occurring; a disability may also limit one’s ability to Consent to sexual contact. Incapacitation is determined on a case-by-case basis and includes an analysis of whether the accused party knew, or should have known, that the alleged victim was incapacitated, or if the accused party played a role in creating the Incapacitation. Though consumption of alcohol or drugs commonly cause Incapacitation, their consumption alone is not sufficient to demonstrate Incapacitation.

Sexual Intercourse: Anal or vaginal penetration by a penis, tongue, finger, or inanimate object, or oral penetration by a sex organ of another person.

Respondent:  An individual who is reported to have committed Prohibited Conduct under this Policy

Complainant:  An individual who is reported to have experienced Prohibited Conduct under this Policy.

Formal Complaint:  A document filed by a complainant or signed by the Title IX Coordinator alleging Prohibited Conduct against a respondent and requesting that the recipient investigate the allegation of Prohibited Conduct.

Education program or activity: Locations, events, or circumstances over which the recipient exercised substantial control over both the respondent and the context in which the sexual harassment occurs, and also includes any building owned or controlled by a student organization that is officially recognized by a postsecondary institution.

Actual Knowledge:  Actual Knowledge is notice of sexual harassment or allegations of sexual harassment to University’s Title IX Coordinator, or any University official who has authority to institute corrective measures on behalf of the University.

Notice: Notice is defined as a report of sex discrimination sexual harassment to the Title IX Coordinator as described conduct that could constitute sex discrimination or sexual harassment.

Standard of Evidence:  The University uses the preponderance of evidence standard of proof in Prohibited Conduct cases, defined as, “more likely than not.”  The University will apply the same standard of evidence for formal complaints against students as for formal complaints against employees, including faculty, and apply the same standard of evidence to all formal complaints of sexual harassment.

Physical abuse: Hitting, slapping, shoving, grabbing, pinching, biting, hair pulling, etc. are types of physical abuse.  This type of abuse also includes denying a partner medical care or forcing alcohol and/or drug use upon them.

Sexual abuse: Coercing or attempting to coerce any sexual contact or behavior without consent. Sexual abuse includes, but is certainly not limited to, marital rape, attacks on sexual parts of the body, forcing sex after physical violence has occurred, or treating one in a sexually demeaning manner.

Emotional abuse: Undermining an individual’s sense of self-worth and/or self-esteem is abusive. This may include, but is not limited to constant criticism, diminishing one’s abilities, name-calling, or damaging one’s relationship with children.

Economic abuse: Is defined as making or attempting to make an individual financially dependent by maintaining total control over financial resources, withholding one’s access to money, or forbidding one’s attendance at school or employment.

Psychological abuse: Elements of psychological abuse include – but are not limited to – causing fear by intimidation; threatening physical harm to self, partner, children, or partner’s family or friends; destruction of pets and property; and forcing isolation from family, friends, or school and/or work

 

Prohibited Conduct

As stated above, the conduct prohibited by this Policy is referred to as “Prohibited Conduct.”  In cases involving conduct that meets the definition and threshold requirements of Title IX sexual harassment, federal law provides that certain procedures must be adhered to.  However, where conduct does not meet the definition of Title IX sexual harassment or does not meet certain threshold requirements, that conduct may still be prohibited by the University.

Certain Prohibited Conduct may fall within or outside of the scope of Title IX pursuant to federal regulations.  Such conduct is labeled as “Title IX” or “Non-Title IX” for clarity. Unless explicitly stated otherwise, conduct prohibited under this Policy can be committed by people of any gender, between individuals of the same or different genders; between strangers or acquaintances; and between people involved in intimate and/or sexual relationships with one another.

Alcohol consumption and/or drug use does not constitute a mitigating factor when it contributes to violations of this Policy.  However, as noted below, the University typically will offer leniency for complainants, witnesses, and others with respect to the personal use of alcohol, drugs and/or other violations of University policy, which may be revealed as a result of such reports.

Sexual Harassment – Title IX

There are six types of Prohibited Conduct that qualify as “sexual harassment” under Title IX, each of which is defined more specifically below: (1) quid pro quo, (2) unwelcome conduct, (3) sexual assault, (4) dating violence, (5) domestic violence, and (6) stalking.  The definitions used here are required by federal regulations.

For reported behavior to qualify as Sexual Harassment – Title IX under this section, in addition to meeting the elements of at least one of the six types listed below, it must meet all of the following threshold requirements, as determined by the Title IX Coordinator and as mandated by federal regulations:

The conduct must have occurred against a person in the United States.

The conduct must have occurred within the University’s education program or activity.

For purposes of this provision, this means that the conduct must have occurred either:

• in a location, event, or circumstances over which the College exercised substantial control over both the respondent and the context in which the sexual harassment occurs or,
• in relation to a building owned or controlled by a student organization that is officially recognized by the College.

The complainant must be participating in or attempting to participate in the education program or activity of the College at the time the formal complaint is filed.

Behavior that does not meet the above requirements is subject to dismissal under this Policy but may be subject to other University policies and disciplinary procedures.

Sexual Harassment – Title IX is any of the following:

1. Quid Pro Quo:  Conduct on the basis of sex where a University employee conditions the provision of an aid, benefit, or service of the University on an individual’s participation in unwelcome sexual conduct;
2. Unwelcome Conduct:  Unwelcome conduct on the basis of sex 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; or
3. Sexual Assault:  engaging or attempting to engage in one of the following activities with another individual without consent or where the person cannot consent because of age or temporary or permanent mental incapacity:

1. 1. Sexual intercourse, however slight;
   2. Intentional touching of the intimate body parts of another (breasts, buttocks, groin, and genitals) for the purpose of sexual gratification;
   3. Sexual intercourse between individuals who are not permitted to marry under state law.  In Ohio, this means that individuals closer in kin than second cousins may not have sexual intercourse;
   4. Sexual intercourse with a person who is under the statutory age of consent.  In Ohio, state law prohibits sex with any individual under the age of 13; additionally, individuals over the age of 18 may not have sex with individuals under the age of 16.

     4. Dating violence: A pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner. Interpersonal violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This pattern may include, but is not limited to any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone. Violence committed by a person on the basis of sex:

1. Who is or has been in a social relationship of a romantic or intimate nature with the victim; and
2. Where the existence of such a relationship shall be determined based on a consideration of the following factors:
   1. The length of the relationship;
   2. The type of relationship;
   3. The frequency of interaction between the persons involved in the relationship.
3. Domestic violence:  A pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner. Interpersonal violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This pattern may include, but is not limited to any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.  Defined to include felony or misdemeanor crimes of violence committed on the basis of sex:
   1. by a current or former spouse or intimate partner of the victim,
   2. by a person with whom the victim shares a child in common,
   3. by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner,
   4. by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction, or
   5. by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.[1]
4. Stalking means engaging in a course of conduct on the basis of sex directed at a specific person that would cause a reasonable person to:
   1. Fear for their safety or the safety of others; or
   2. Suffer substantial emotional distress.

Sexual Exploitation: Actual or attempted abuse or violation of another’s privacy or taking nonconsensual or abusive sexual advantage of another for the sexual gratification, financial gain, or other benefit of anyone other than the one being exploited.  Sexual exploitation can look like:

• Recording images or audio (without that person’s consent) of sexual activity, intimate body parts, or nakedness.
• Distributing images or audio with the content above if the person distributing them does not have that person’s explicit consent, including streaming.
• “Revenge pornography” in which a person threatens to post, or actually does post, images, audio, or video of their partner participating in sexual activity.
• Viewing another person’s sexual activity, intimate body parts, or nakedness without their consent in a place where that person would have a reasonable expectation of privacy.
• Exposing someone’s genitals without their consent.
• Prostitution another individual.
• Knowingly exposing another individual to a sexually transmitted disease or virus without that individual’s knowledge.
• Inducing incapacitation for the purpose of making another person vulnerable to non-consensual sexual activity.

Sex/Gender Discrimination:  Discrimination that occurs when conduct or a policy has the purpose or effect of restricting or denying access to opportunities, programs, or resources in relation to sex, gender, [gender identity, gender expression, or sexual orientation] in a manner that interferes with an individual’s ability to participate in a University education program or activity.  Such discrimination does not include behavior explicitly permitted by federal regulations, including single-gender housing, athletic participation, chorus participation, and hiring when sex/gender is a bona fide occupational qualification reasonably necessary to the normal operation of the University.

Sexual Assault – Non-Title IX:  Conduct that meets the definition of Sexual Assault under “Sexual Harassment – Title IX,” above, but does not meet all of the threshold requirements to be charged under Title IX as listed under that definition, will be charged as “Sexual Assault – Non-Title IX.

Domestic Violence – Non-Title IX:  Conduct that meets the definition of Domestic Violence under “Sexual Harassment – Title IX,” above, but does not meet all of the threshold requirements to be charged under Title IX as listed under that definition, will be charged as “Domestic Violence – Non-Title IX.”  Conduct that otherwise meets the definition of Domestic Violence under “Sexual Harassment – Title IX,” above, but is not “conduct on the basis of sex” will also be charged as “Domestic Violence – Non-Title IX.”

Stalking – Non-Title IX:  Conduct that meets the definition of Stalking under “Stalking – Title IX,” above, but does not meet all of the threshold requirements to be charged under Title IX as listed under that definition, will be charged as “Stalking – Non-Title IX.”

Sexual Harassment – Non-Title IX:  Unwelcome verbal, nonverbal, or physical conduct based on sex/gender which is sufficiently severe, persistent, or pervasive to have the effect of creating a hostile environment by unreasonably interfering with, denying, or limiting an individual’s work, education, or living conditions OR use of a position of authority to engage in unwelcome sexual advances, requests for sexual favors, or other verbal, nonverbal, or physical conduct of a sexual nature when (i)an individual’s employment or education is conditioned (either explicitly or implicitly) upon submission to such conduct; or (ii)decisions affecting one’s education or employment are based upon submission to or rejection of such conduct.

Retaliation:  Retaliation means to intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX or its regulations, 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 under this Policy or Title IX regulations.

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 or formal complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX or its regulations, constitutes retaliation.

The exercise of rights protected under the First Amendment does not constitute retaliation.

Charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a formal resolution under this Policy does not constitute retaliation.  A determination regarding responsibility, alone, is not sufficient to conclude that any party made a materially false statement in bad faith.

 

CONFIDENTIAL RESOURCES

Although all persons are encouraged to report incidents to the University and local law enforcement, an individual who is not prepared to do so, or who may be unsure how to label an incident, may wish to contact a confidential resource for information and support and with whom conversations are privileged.

The Sophia Center, an on-campus counseling center, is a confidential resource that provides pressure-free support and information to complainants of sexual assault (and others) and can be contacted at 419-882-4529.

Individuals who would like to speak with a local, off-campus confidential resource for complainants of sexual assault can contact the HOPE Center Rape Crisis 24-hour information/advocacy hotline at 419-241-7273 or toll free at 866-557-7273.

National Sexual Assault Hotline, 1-800-656-HOPE, www.rainn.org
National Domestic Violence Hotline, 1-800-799-SAFE, www.ndvh.org
National Teen Dating Abuse Helpline, 1-866-331-9474, www.loveisrespect.org
Ohio Sexual Violence Helpline, 1-844-OHIOHELP, www.oaesv.org
Buckeye Region Anti-Violence Organization, 1-866-862-7286, www.bravo-ohio.org – Focuses on assisting the LGBTQI community
ASHA-Ray of Hope 24-Hour Helpline, 614-565-2918, asharayofhope.org – Focuses on assisting individuals from South Asia
Ohio Hispanic Coalition Domestic Violence 24 Hour Hotline, 614-746-3534 (Spanish and English), ohiohispaniccoalition.org/programs/safety/
Legal Aid of Western Ohio, 1-888-534-1432, www.ohiolegalhelp.org
Crisis Text Line, Text HOME to 741741, www.crisistextline.org

Exceptions regarding confidentiality may occur when an individual presents an immediate risk of harm to self or others or when the complainant is a minor.

 

REPORTING

Reports and Formal Complaints

Any person may report Prohibited Conduct (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, online, 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.  Reports of Prohibited Conduct are referred to as Sexual Misconduct Incident Reports (SMIRs).

Because it is often difficult to determine the facts of an incident long after the incident has occurred, prompt reporting of incidents is strongly encouraged. While all SMIRs are reviewed, typically only those with names of involved individuals and sufficient details can be adequately pursued.

Upon receipt and review of a report with adequate information and detail, the Title IX Coordinator and/or their designee(s), shall contact the complainant to discuss the incident, review procedures under this Policy, and share with them available confidential resources, additional reporting options, services, and supportive measures. The complainant will also be informed that they may be accompanied by an advisor of their choice at any meeting held in connection with the case under this Policy.

Once adequate information is obtained, the Title IX Coordinator and/or their designee(s) shall contact the respondent (the accused party) to inform them of the report against them review procedures under this Policy, and share with them available resources, services, supportive measures, and the University’s position regarding Retaliation. The respondent will also be informed that they may be accompanied by an advisor of their choice at any meeting held in connection with the case under this Policy. If the respondent is an employee, the Director of Human Resources and the appropriate University official and/or supervisor shall also be notified.

Filing a report does not require the filing of a Formal Complaint and undergoing an informal or formal resolution.  However, filing a report does assist the Title IX Coordinator in determining whether an individual may be eligible for supportive measures as described more fully below.

A Formal Complaint can be filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that the recipient investigate the allegation of sexual harassment. At the time of filing a formal complaint, a complainant must be participating in or attempting to participate in the education program or activity of the recipient with which the formal complaint is filed. A Formal Complaint may be filed with the Title IX Coordinator in person, by mail, online, or by electronic mail, by using the contact information required to be listed for the Title IX Coordinator under § 106.8(a), and by any additional method designated by the recipient. As used in this paragraph, the phrase ‘‘document filed by a complainant’’ means a document or electronic submission (such as by electronic mail or through an online portal provided for this purpose by the recipient) that contains the complainant’s physical or digital signature, or otherwise indicates that the complainant is the person filing the formal complaint. Where the Title IX Coordinator signs a Formal Complaint, the Title IX Coordinator is not a Complainant or a party during a Formal Resolution, and must comply with requirements for any person involved in the response and/or resolution to be free from conflicts and bias.

The University may consolidate Formal Complaints as to allegations of sexual harassment against more than one respondent, or by more than one complainant against one or more respondents, or by one party against the other party, where the allegations of sexual harassment arise out of the same facts or circumstances. The same facts and circumstances means that the multiple complainants’ allegations are so intertwined that their allegations directly relate to all parties

Initial Assessment

As part of the initial assessment, the Title IX Coordinator will determine what Prohibited Conduct is properly alleged, whether informal resolution would be appropriate in the case given the allegations, and whether any of the allegations constitute “Sexual Harassment – Title IX” under this Policy.

Notice to Parties

If the University’s Title IX Coordinator determines that a Formal Complaint alleges sufficient information to suggest that Prohibited Conduct may have occurred, the Title IX Coordinator is required to provide written notice to all parties of the charges that will be investigated.  Such charges may include violations of other University policies where such charges are related to the Prohibited Conduct under investigation.  Importantly, related policy violations will be addressed pursuant to this Policy and not any other disciplinary process, such as the student conduct process.

The written notice of formal resolution must include:

• Notice of this Policy;
• Allegations of Prohibited Conduct and any other violations of University policy that will be considered in the same case, including sufficient details known at the time and with sufficient time to prepare a response before any initial interview;
• The University’s position that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process;
• The right of each party to have an advisor of their choice, who may be an attorney;
• The right of each party to inspect and review evidence;
• The University’s prohibition on knowingly making false statements or knowingly submitting false information during the grievance process;
• The date, time, location, participants, and purpose of all hearings, investigative interviews, or other meetings currently scheduled, with sufficient time for the party to prepare to participate.
• If additional allegations are determined to be appropriate to add to the investigation at a later time, the Title IX Coordinator shall provide notice of such allegations in writing to all parties.
• Although the regulations do not require that the following be included in the written notice to the parties, we recommend as a practice that the following be added to such notice:
• The right to suggest witnesses and provide statements and evidence;
• A reminder of the prohibition against retaliation;
• A reminder that each party is eligible to request supportive measures through the Title IX Coordinator;
• The identity of the investigators and a short timeline to object due to any concerns about bias or conflict;
• Whether informal resolution is an option in this case and, if so, how to indicate an interest in informal resolution.

Mandatory Reporting

To facilitate the University’s ability to respond promptly to allegations of sexual harassment, all employees of the University, except for those identified as confidential resources in this Policy, are required to report allegations of Prohibited Conduct to the Title IX Coordinator as soon as practicable after learning of the allegations.  Upon receiving a mandatory report, the Title IX Coordinator will reach out to the potential complainant to ask if they would like to meet to discuss supportive measures and other options.  Failure to make a mandatory report may result in discipline, up to and including termination of employment.

The University is deemed to have Actual knowledge of allegations of sexual harassment when Notice of such allegations is provided to the Title IX Coordinator or any University official who has authority to institute corrective measures on behalf of the University.  These officials are the Vice President of Student Affairs, the Provost, the Athletic Director, the Director of Student Conduct, and the Director of Human Resources.

Pursuant to Ohio law, Lourdes University requires all members of the University community to report any suspected child abuse/neglect involving a minor (under the age of 18). The identity of the abuser does not need to be known in order to file a report, and it is not the responsibility of the University community member filing the report to investigate the suspected abuse.

Community members may report the suspected child abuse/neglect to the Title IX Coordinator or the Director of Campus Public Safety, who will report the suspected child abuse/neglect to law enforcement and/or child protective services.

In addition to reporting the suspected abuse/neglect to the Title IX Coordinator or the Director of Campus Public Safety, one may directly report the suspected abuse/neglect:

• If a child is in immediate danger, call 911;
• If there is no immediate danger, contact the Ohio Department of Job and Family Services Child Abuse and Neglect hotline at (855) 642-4453.

Supportive Measures

Supportive measures are designed to restore or preserve equal access to the recipient’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the recipient’s educational environment, or deter sexual harassment.

“Supportive measures” may include, but are not limited to:

• Providing access to counseling services and assistance in setting up an initial appointment;
• Issuing and enforcing No Contact Directives, which are usually mutual unless and until a finding of responsibility for a policy violation has been made;
• Providing alternative on-campus housing;
• Assisting with relocation of housing or work space;
• Providing an escort to ensure safe movement between classes and activities;
• Making changes to behavior, movement on campus, access to buildings or spaces, and/or participation campus activities;
• Modifying academic and extracurricular activities, transportation, and dining arrangements;
• Extending deadlines and assisting with other course-related adjustments;
• Modifying work or class schedules;
• Assisting with obtaining a leave of absence;
• Providing alternative course completion options;
• Providing academic support services;
• Assisting in obtaining visa or immigration information;
• Modifying transportation, parking, dining and working situations;
• Implementing access restriction or interim suspension of an individual while a matter is investigated and resolved;
• Imposing other protections or behavioral restrictions as necessary and appropriate.

The University offers supportive measures to both complainants and respondents. Upon receipt of a report of an identifiable complainant, the Title IX Coordinator will promptly contact the complainant to discuss the availability of supportive measures, consider the complainant’s wishes with respect to supportive measures, inform the complainant of the availability of supportive measures with or without the filing of a formal complaint, and explain to the complainant the process for filing a formal complaint if one is desired.

Upon giving notice to a respondent of a report raising potential sexual harassment violations against the respondent, the Title IX Coordinator will notify the respondent of the availability of counseling and may notify the respondent of the availability of other supportive measures, as the Title IX Coordinator deems appropriate.

Throughout any grievance process, the Title IX Coordinator will continually reassess and discuss appropriate supportive measures with the parties as the Coordinator deems appropriate. If the Title IX Coordinator does not offer supportive measures to the complainant, the Title IX Coordinator must document the reasons why such a response was not clearly unreasonable in light of the known circumstances.

The University will maintain as confidential any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality would not impair the ability of University to provide the supportive measures.  The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures.

Emergency Removals

Upon receipt of a formal complaint, the Title IX Coordinator shall conduct an individualized safety and risk assessment to determine whether the respondent’s presence in the University’s education programs and activities poses an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment.  If so, the Title IX Coordinator will determine whether such risk assessment justifies the removal of the respondent from campus on an emergency basis pending the outcome of the investigation.  Threats must pose more than a generalized, hypothetical, or speculative risk to health and safety for emergency removal to be appropriate.

A removed respondent will receive written notice from the Title IX Coordinator of the emergency removal and will be provided with an opportunity to appeal the decision within writing to the Dean of Students within two business days of the removal. The Dean’s decision must be rendered within two business days of receiving the appeal.

Non-student employees may be placed on administrative leave during the grievance process without receiving any appeal of such administrative leave.

Amnesty

To encourage reporting of conduct prohibited by this Policy, the University typically will offer leniency for complainants, witnesses, and others with respect to the personal use of alcohol, drugs and/or other violations of University policy, which may be revealed as a result of such reports.

 

ADVISOR

The complainant and the respondent each may be accompanied by an advisor of their choice at any meeting held in connection with a case under this Policy. The advisor shall not be permitted to speak aloud during the meeting(s) or otherwise communicate with anyone present at the meeting(s), except as required to do so in the course of a hearing. An advisor who is found by the Title IX Coordinator or their designee to be improperly interfering with a meeting will be required to leave the meeting and may not be permitted to attend future meetings under this Policy.

If a party’s advisor refuses to comply with restrictions set by the University, the University may require the party to use a different advisor.

 

INVESTIGATIONS

All investigations shall be conducted by the designee(s) (“Investigator”) of the Title IX Coordinator, who shall be screened for any conflicts of interest regarding the specific case(s). Once it has been determined that no conflict of interest or bias exists for the assigned Investigator(s), the investigation shall commence, and written Notice of the Investigation will be sent to the complainant and the respondent with sufficient detail regarding the allegations to allow both parties the opportunity to present witnesses and evidence to the Investigator.

Should the incident involve additional violations of University Policy that are not violations of this Policy, those alleged violations shall be investigated together with the Prohibited Conduct allegations under this Policy. Likewise, the Title IX Coordinator has the discretion to consolidate multiple reports into a single investigation if evidence relevant to one incident might be relevant to the others.

The University will apply an objective (whether a reasonable person would believe bias exists), common sense approach to evaluating whether a particular person serving in a Title IX role is biased, and will exercise caution not to apply generalizations that might unreasonably conclude that bias exists. An individual’s current job title, professional qualifications, past experience, identity, or sex will not alone indicate bias.

Use of trauma-informed practices will not be considered evidence of bias when such practices do not:

• Rely on sex stereotypes;
• Apply generalizations to allegations in specific cases;
• Cause loss of impartiality, and;
• Prejudge of the facts at issue.

Further, the following will not be considered evidence of bias:

• The Title IX Coordinator’s initiation of a formal complaint, or;
• An individual’s decision that allegations warrant an investigation.

Grounds for Dismissal of Formal Complaint

If, after the initial review of the Formal Complaint by the Title IX Coordinator, it is determined that any of the following conditions exist, the University will dismiss the Formal Complaint from the hearing procedures outlined in this Policy:

• The alleged conduct, if it occurred as alleged, would not constitute Title IX Sexual Harassment;
• The alleged conduct, if it occurred as alleged, did not occur in the University’s educational programs or activities, or;
• The alleged conduct, if it occurred as alleged, did not occur against a person in the United States.

Although prior determinations on each of these issues were likely made earlier in the process, additional information may be uncovered during an investigation that requires them to be reconsidered.  The Title IX Coordinator is responsible for reconsidering these issues at any point during the processes outlined in the Policy, which may result in the report of misconduct being handled through the Investigator Resolution process in this Policy instead of the hearing process, referred to Human Resources or Student Conduct, and/or otherwise being dismissed from the Grievance Procedures outlined in this Policy.

• The University may also dismiss a formal complaint or allegations therein if:
• A complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw the formal complaint or any allegations therein;
• The respondent is no longer enrolled or employed by the University, or;
• Specific circumstances prevent the University from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.

Such a dismissal does not preclude the University from proceeding under another University conduct process.

The University will send written notice of any dismissal and the reasons for dismissal simultaneously to all parties.

Investigation Process

All investigations under this Policy shall be adequate, reliable, and impartial. The entire investigation process, not including appeals, should typically be completed within 60 days; however, this process may take longer if there is a parallel criminal investigation and/or if it transpires during school breaks.

The burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rest on the University and not on the parties.

There is a presumption that a respondent is not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance process.

The University will not access, consider, disclose, or otherwise use a party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party, unless the University obtains that party’s voluntary, written consent.

The University will provide an equal opportunity for the parties to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence.

The University will not restrict the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence. A party’s communication with a witness or potential witness is considered part of a party’s right to meaningfully participate in furthering the party’s interests in the case, and not an “interference” with the investigation. However, where a party’s conduct toward a witness might constitute “tampering” (for instance, by attempting to alter or prevent a witness’s testimony), such conduct is prohibited as retaliation.

The parties will have an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in a formal complaint, including the evidence upon which the University does not intend to rely in reaching a determination regarding responsibility and inculpatory or exculpatory evidence whether obtained from a party or other source. The University will not consider or provide for inspection and review evidence which the University knows was illegally or unlawfully created or obtained. The University may impose on the parties and party advisor’s restrictions or require a non-disclosure agreement not to disseminate any of the evidence subject to inspection and review.

When the Investigator believes they are ready to prepare the investigation report, the Title IX Coordinator will send to each party and the party’s advisor, if any, the evidence subject to inspection and review in an electronic format or a hard copy, and the parties will have 10 calendar days to submit a written response.

The Investigator will review the parties’ written responses, conduct any follow-up investigation they deem appropriate, and prepare an investigative report that summarizes relevant evidence.  The investigative report will not include a summary of evidence not considered to be relevant.  If the complaint involves multiple complainants, multiple respondents, or both, the University may issue a single investigative report.

The investigative report will include an assessment as to whether the conduct, if proven, would constitute “Sexual Harassment – Title IX” as defined within this Policy.  The Title IX Coordinator will review the assessment and shall notify the parties within two business days of receiving the investigative report whether the Title IX Coordinator concurs with the assessment of the Investigator.  If the Title IX Coordinator determines that none of the conduct, if proven, would constitute “Sexual Harassment – Title IX,” the case shall proceed to an Investigative Resolution pursuant to Section VII.  If the Title IX Coordinator determines that at least some of the conduct, if proven, would constitute “Sexual Harassment – Title IX,” the case shall proceed to a Hearing pursuant to Section VII.  The Title IX Coordinator’s decision may be appealed to the Dean of Students within one business day of receipt of the decision.  The Dean of Students’ decision is final.

Each party and their advisor shall receive a copy of the investigative report for their review and written response, at least 10 calendar days prior to a hearing or other time of determination regarding responsibility.  If a party disagrees with the Investigator’s determination about relevance, the party may argue relevance in their written response.

 

RESOLUTION

Informal Resolution

The University does not require as a condition of enrollment or continuing enrollment, or employment or continuing employment, or enjoyment of any other right, the waiver of the right to an investigation and adjudication of formal complaints of Prohibited Conduct under this Policy.  Similarly, the University will never require the parties to a formal complaint under this Policy to participate in an informal resolution process, as described below.

After the initiation of a formal complaint of Prohibited Conduct, if all parties voluntarily consent in writing, the University will assist the parties in an informal resolution process.  An informal resolution process is available at any time prior to reaching a determination regarding responsibility, except that informal resolution may not be used in the cases of reports of “Sexual Harassment – Title IX” brought by a student against a University employee.

Before initiating an informal resolution process, the University will: (1) provide the parties a written notice that an informal resolution process is available to them; and (2) obtain the parties’ voluntary, written consent to the informal resolution process.  The written notice to the parties will disclose the allegations, the requirements of the informal resolution process (described below), and any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared.

The University’s informal process provides any party, at any time prior to agreeing to a resolution, the right to withdraw from the informal resolution process and resume the formal resolution process with respect to the formal complaint.

When sexual harassment allegations can be resolved through informal resolution by mutual consent of the parties and on a basis that is acceptable to the Title IX Coordinator, the resolution process shall be considered finally decided and there will be no subsequent process or appeal.

The University will attempt to complete most formal resolutions within 45 days. This timeframe will begin upon filing of a formal complaint and will conclude upon the rendering of a decision by the Informal Resolution Facilitator.  This timeline may be extended for good cause and with written notice provided by the Title IX Coordinator to all parties including the reason for the delay or extension. Good cause may include considerations such as the absence of a party, a party’s advisor, or a witness; concurrent law enforcement activity; or the need for language assistance or accommodation of disabilities.

Formal Resolution

The University will attempt to complete most formal resolutions within 60 days. This timeframe will begin upon filing of a formal complaint and will conclude upon the rendering of a decision by the Hearing Officer. This timeline may be extended for good cause and with written notice provided by the Title IX Coordinator to all parties including the reason for the delay or extension. Good cause may include considerations such as the absence of a party, a party’s advisor, or a witness; concurrent law enforcement activity; or the need for language assistance or accommodation of disabilities.

The University will attempt to accommodate the schedules of parties and witnesses, however, formal resolution must be completed in a reasonably prompt timeframe, and must proceed to conclusion even in the absence of a party or witness.

Hearings

Upon conclusion of the investigation, where it is determined that there are allegations of “Sexual Misconduct – Title IX,” the University will conduct a live hearing.

The Title IX Coordinator will appoint a Decision-maker to serve as decision-maker during the hearing. The Decision-maker will not be the Title IX Coordinator, the investigators who investigated the allegations, or the informal resolution officer.  The Decision-maker is under an obligation to objectively evaluate all relevant evidence both inculpatory and exculpatory. The Decision-maker has the right to ask questions and elicit information from parties and witnesses on the Decision-maker’s own initiative.

At least five business days prior to the hearing, a pre-hearing conference will be held with each party, the party’s advisor, the Title IX Coordinator, and the Decision-maker.  At the pre-hearing conference, the party and advisor must disclose the witnesses that will be requested and the evidence that will be submitted for consideration.  Evidence and witnesses may only be considered at hearing if they were submitted to the investigators, unless they were previously unknown or unavailable to the party during the investigation.  The Decision-maker will address any requests for new evidence and new witnesses at the pre-hearing conference.  The Decision-maker will also discuss guidelines for appropriate behavior and decorum during the hearing.  The party and advisor are encouraged to ask questions.

Hearings will be conducted with all parties physically present in the same geographic location or, at the University’s discretion, or at the request of either party, the University will provide for the live hearing to occur with the parties located in separate rooms with technology enabling the decision-maker(s) and parties to simultaneously see and hear the party or the witness answering questions.

The University will create a recording, or transcript, of any live hearing and make it available to the parties for inspection and review.

At the live hearing, the Decision-maker will permit each party’s advisor to ask the other party and any witnesses all relevant questions and follow-up questions, including those challenging credibility.  Before a complainant, respondent, or witness answers a cross-examination or other question, the decision-maker will first determine whether the question is relevant and explain any decision to exclude a question as not relevant.

The Decision-maker makes relevancy determinations.  The Decision-maker is not required to give a lengthy or complicated explanation of a relevancy determination during the hearing, and may send to the parties after the hearing any revisions to the Decision-maker’s explanation that was provided during the hearing.

Cross-examination at the live hearing will be conducted directly, orally, and in real time by the party’s advisor of choice and never by a party personally. All questioning will be relevant, respectful, and non-abusive. No party will be “yelled” at or asked questions in an abusive or intimidating manner.

If a party or witness does not submit to cross-examination at the live hearing, the Decision-maker will not rely on any statement of that party or witness in reaching a determination regarding responsibility. However, a respondent’s alleged verbal conduct that itself constitutes the reported Prohibited Conduct at issue is not considered the respondent’s “statement” and therefore may be considered even if the respondent does not submit to cross-examination.  Similarly, video evidence showing the conduct alleged within a complaint may be considered, even if the party does not submit to cross-examination. The Decision-maker will not draw an inference about the determination regarding responsibility based solely on a party’s or witness’s absence from the live hearing or refusal to answer cross-examination or other questions.

Parties will have equal opportunities to have others present during the hearing, including the opportunity to be accompanied by the advisor of their choice, who may be, but is not required to be, and attorney. The University will not limit the choice or presence of an advisor for complainant or respondent in any meeting or grievance proceeding. Advisors are required to abide by University restrictions regarding the extent to which they may participate in proceedings, and any restrictions will apply equally to both parties. If a party’s advisor refuses to comply with restrictions set by the University, the University may require the party to use a different advisor.

If a party does not have an advisor present at the live hearing, the University will provide without fee or charge to that party, an advisor of the University’s choice to conduct cross-examination on behalf of that party.  That advisor may be, but is not required to be, an attorney.

Relevancy determinations will be made pursuant to Section VIII.  Credibility will be considered pursuant to Section VIII.  Decisions will be prepared pursuant to Section VIII.  Sanctions, if any, will be determined pursuant to Section XI.  Additional remedies, if any, will be determined pursuant to Section XI.

1. Relevance

Relevant evidence is evidence that tends to make a fact that is important to the case either more probable or less probable.  Relevant questions are those questions that are designed to elicit relevant evidence.

The following may be considered irrelevant:

• • Repetitive or duplicative questions or evidence;
  • Information that is protected by a legally recognized privilege, such as attorney-client privilege;
  • Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior, unless:
  • Such questions and evidence about the complainant’s prior sexual behavior are offered to prove that someone other than the respondent committed the conduct alleged by the complainant; or
  • The questions and evidence concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent;
  • Any party’s medical, psychological, and similar records, unless the party has given voluntary, written consent for their use in the process.

The University will not exclude relevant evidence because such relevant evidence may be unduly prejudicial, concern prior bad acts (unless excluded above), or constitute character evidence.  However, the decision-maker may objectively evaluate such evidence by analyzing whether that evidence warrants a high or low level of weight or credibility.

1. Credibility

The decision-maker will evaluate all admissible, relevant evidence for weight or credibility. The degree to which any inaccuracy, inconsistency, or implausibility in a narrative provided by a party or witness should affect a determination regarding responsibility is a matter to be decided by the decision-maker, after having the opportunity to ask questions of parties and witnesses, and to observe how parties and witnesses answer the questions posed by the other party. Corroborating evidence is not required.

Credibility determinations are not based solely on observing demeanor, but also are based on other factors (e.g., specific details, inherent plausibility, internal consistency, corroborative evidence).

A party’s answers to questions can and should be evaluated by decision-maker in context, including taking into account that a party may experience stress while trying to answer questions. Parties will not be unfairly judged due to inability to recount each specific detail of an incident in sequence.

1. Decisions

The decision-maker will issue a written determination of responsibility using a “preponderance of the evidence” standard.  A preponderance of the evidence means that it is more likely true than not that a policy violation occurred. The determination of responsibility will include:

• Identification of the allegations potentially constituting sexual harassment;
• A description of the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held;
• Findings of fact supporting the determination;
• Conclusions regarding the application of the Policy to the facts;
• A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions the University imposes on the respondent (seeSection IX), and whether remedies will be provided by the University to the complainant (see Section IX), and;
• The University’s procedures and permissible bases for the complainant and respondent to appeal (seeSection VIII).

The determination will lay out the evidentiary basis for conclusions reached in the case. The nature of remedies, if any, will not be included within the determination. The determination will be provided to the parties simultaneously. The determination becomes final only after the time period for appeal has expired or, if a party does file an appeal, after the appeal decision has been sent to the parties.

1. Investigator Resolution

Upon conclusion of the investigation, where it is determined that there are no allegations of “Sexual Misconduct – Title IX,” the Investigator will review the responses to the investigative report and revise it as appropriate.  The Investigator will then analyze the evidence, using the concepts of credibility and relevance as described above, and issue a written decision as to whether any policy violations have occurred by using a preponderance of the evidence standard.

Decisions will be prepared pursuant to Section VII.  Sanctions, if any, will be determined pursuant to Section XI.  Additional remedies, if any, will be determined pursuant to Section XI.

 

<

APPEALS

Any party may appeal the determination regarding responsibility, or the University’s dismissal of a formal complaint or any allegations therein.  The appeal must be made in writing to the Dean of Students (or their designee) within five (5) business days of the written notice of the outcome.  The University will notify the other party in writing when an appeal is filed and implement appeal procedures equally for both parties. Both parties will have a reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome. The decision-maker for the appeal will issue a written decision describing the result of the appeal and the rationale for the result and provide the written decision simultaneously to both parties within 10 business days of receiving the appeal.

Grounds for appeal include:

• Procedural irregularity that affected the outcome of the matter;
• New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter, and;
• The Title IX Coordinator, investigators, or Panel members had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter.

All grounds for appeal will be available to all parties.

The decision-maker for the appeal will not be a Panel member that reached a decision in the case, the Investigator for the case, or the Title IX Coordinator.

 

SANCTIONS AND REMEDIES

All forms of Prohibited Conduct are regarded as serious University offenses, and violations of this Policy will result in discipline, including the possibility of separation from the University. Once a final outcome has been reached regarding a case under this Policy, the Title IX Coordinator and the Dean of Students/designee(s), shall determine any relevant sanctions to be imposed on students, explained in the University’s Community Standards Code. Sanctions for violations of this Policy by students shall be determined by the Director of Community Standards and the Dean of Students.

The following sanctions may be imposed:

1. Warning – A notice in writing to the student that the student is violating or has violated institutional regulations.
2. Probation – A written reprimand for violation of specified regulations. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found to violate any institutional regulation(s) during the probationary period.
3. Loss of Privileges – Denial of specified privileges for a designated period of time.
4. Fines – Monetary fines may be imposed at the discretion of the DCS.
5. Restitution – Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.
6. Discretionary Sanctions – Work assignments, essays, service to the University, or other related discretionary assignments.
7. Residence Hall Suspension – Separation of the student from the residence halls for a defined period of time, after which the student is eligible to return. Conditions for readmission may be specified.
8. Residence Hall Expulsion – Permanent separation of the student from the residence halls.
9. University Suspension – Separation of the student from the University for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified.
10. University Expulsion – Permanent separation of the student from the University.
11. Revocation of Admission and/or Degree – Admission to the University may be revoked for violation of University policy, or a degree awarded from the University may be revoked for fraud, misrepresentation, or other violation of University standards in obtaining the degree, or for other serious violations committed by a student prior to graduation.
12. Withholding Degree – The University may withhold awarding a degree otherwise earned until the completion of the process set forth in this Student Conduct Code, including the completion of all sanctions imposed, if any.
13. Removal from university athletic and leadership position. This may also include any aid/ scholarship provided by the university.

More than one of the sanctions listed above may be imposed for any single violation.

Sanctions for violations of this Policy by University employees shall be determined by the Title IX Coordinator, the Director of Human Resources and the appropriate University official and/or supervisor.

Where a determination of responsibility for Prohibited Conduct is made, the University will provide remedies to a complainant designed to restore or preserve equal access to the University’s education program or activity. Such remedies may include the same individualized services provided as supportive measures as well as educational programming, changes to policies and procedures, counseling, and opportunities to change educational, work, or living situations. However, remedies need not be non-disciplinary or non-punitive and need not avoid burdening the respondent. The Title IX Coordinator is responsible for effective implementation of remedies.

Where the final determination has indicated that remedies will be provided, the complainant can then communicate separately with the Title IX Coordinator or their designee to discuss what remedies are appropriately designed to preserve or restore the complainant’s equal access to education. Remedies for a complainant which do not affect the respondent must not be disclosed to the respondent.

 

REQUESTS FOR CONFIDENTIALITY

If a complainant requests that their name not be revealed to the respondent or asks that the University not investigate or not seek action against the respondent, they will be advised that honoring such a request may limit the University’s ability to respond fully to the incident, including pursuing disciplinary action against the respondent. The complainant will also be informed that the Title IX Coordinator will make every effort to respect their request and will evaluate it in the context of the University’s responsibility to provide a safe and nondiscriminatory environment.

Student education records are protected in compliance with the Family Educational Rights and Privacy Act (FERPA). Medical records are protected by similar state and federal laws. Access to employee personnel records is restricted in accordance with University policies and federal and state law.

 

ADDITIONAL REPORTING

A complainant of Prohibited Conduct has the right to file a criminal complaint with law enforcement officials simultaneously with reporting the misconduct to the University. Though the complaints will be pursued separately, the University will cooperate and assist the complainant in notifying the proper law enforcement agency if the complainant so chooses. Filing an SMIR does not require an individual to file a complaint with any other authority. To contact Public Safety from an on-campus phone, dial 411; other phones: 419-574-3861. To contact the Sylvania Police, dial 419-885-8902.

Individuals with complaints under and/or regarding this Policy also have the right to file a formal complaint under Title IX with the United States Department of Education’s Office for Civil Rights, Cleveland Office, 1350 Euclid Avenue, Suite 325, Cleveland, OH 44115-1812; Telephone: 216-522-4970; FAX: 216-522-2573; TDD: 800-877-8339; Email: OCR.Cleveland@ed.gov.

 

FALSE REPORTING

The University will not tolerate intentional false reporting of incidents. It is a violation of University policy to make an intentionally false report of any policy violation, and it may also violate state criminal statutes and civil defamation laws.

 

RECORD KEEPING

The University will retain all records of each investigation instituted under this policy for seven (7) years. Records will include all documents, recordings, or transcripts from investigations, hearings, appeals, and informal resolutions. The first date of the first record created by the University will begin the seven-year retention period. Records will be maintained for all investigations including investigations that have been dismissed, completed, or otherwise resolved.

The University will also maintain and publish on its website training materials of employees who serve as Title IX Coordinators, investigators, decision-makers, and persons who facilitate information resolutions.

 

EDUCATION AND TRAINING

The University conducts annual Title IX trainings on sexual harassment, sexual misconduct, dating violence, domestic violence, and stalking for all faculty, staff, and Board of Trustee members.  Students are provided with various training opportunities, and all student athletes receive Title IX training.

The Title IX Coordinator, investigators, decision-makers, and any person who facilitates an informal resolution process, will receive training on the definition of sexual harassment, the scope of the University’s education program or activity, how to conduct an investigation and grievance process including hearings, appeals, and informal resolution processes, and how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias. This includes how to apply the definitions with respect to consent (or the absence or negation of consent) consistently, impartially, and in accordance with this policy.

Investigators will receive training on issues of relevance to create an investigative report that fairly summarizes relevant evidence.

Decision-makers will receive training on any technology to be used at a live hearing and on issues of relevance of questions and evidence, including when questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant.

Any materials used to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process, must not rely on sex stereotypes and must promote impartial investigations and adjudications of formal complaints of sexual harassment.

Training materials for training under this section will be made publicly available through the University’s website. Published training materials will be up-to-date and reflect the latest training provided.

The Title IX Coordinator, investigators, decision-makers, and any person who facilitates an informal resolution process, will receive annual training on issues related to dating violence, domestic violence, sexual assault, and stalking and on how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability.

 

TIMELY WARNINGS/CRIME LOG

In compliance with the Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act of 1998, the University must issue timely warnings to community members when there exists a serious and continuing threat to their health or safety. Whether or not an individual instance of a potential sex offense triggers a timely warning is determined on a case-by-case basis, depending on the facts and information known by University officials. Those who report incidents of misconduct under this Policy should be aware that this may be necessary, although identifying information regarding the complainant will not be disclosed as long as the University may provide sufficient detail for community members to make safety decisions in light of the danger.

Lourdes University does not discriminate on the basis of race, color, national origin, sex, disability, age, or any other legally protected category in its programs and activities. Lourdes University’s policies against discrimination, harassment, Prohibited Conduct, and retaliation are consistent with Titles VI and VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, 34 CFR Part 106, the Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973 and 34 CFR 104.7, the Age Discrimination Act of 1975, the Age Discrimination in Employment Act of 1967, and the Genetic Information Non-Discrimination Act of 2008.

PURPOSE & SCOPE

To describe Lourdes University’s commitment to provide a supportive learning environment for pregnant and parenting students. This policy applies to those seeking admission, currently admitted and those enrolled at Lourdes University.

ADDITIONAL AUTHORITY

Title IX of the Education Amendments of 1972 University Sexual Misconduct Policy

DEFINITIONS

• Pregnant or Parenting Student: For the purpose of this policy, pregnant or parenting student refers to those applying for admission, admitted or enrolled in classes who have a qualifying condition.
• Qualifying Condition: Conditions covered by this policy are pregnancy, complications related to pregnancy, false pregnancy, termination of pregnancy, childbirth, and recovery from any of these conditions.
• Medically Necessary Leave of Absence: An absence from the classroom or extracurricular activities because of a qualifying condition and deemed necessary and documented by an appropriate health care professional.

POLICY STATEMENT

The University seeks to treat all students equitably, regardless of their actual or potential parental or familial status. It is the policy of the University to provide appropriate, reasonable adjustments to educational programs and activities to support pregnant or parenting students.

REQUESTS FOR AN ADJUSTMENT FOR PREGNANT OR PARENTING STUDENTS

A student in need of an educational adjustment should submit a request to the VP of Student Life or designee. If a student is unable to submit a request because of her condition, an appropriate representative of the student may contact the VP of Student Life on her behalf and the student may confirm the request when she becomes able to do so.

The VP of Student Life will consult with the student/appropriate representative and appropriate University officials, including the Title IX Coordinator, Director of Accessibility Services, faculty members and Department Chairs to develop an educational adjustment appropriate for that student.

MEDICALLY NECESSARY LEAVE OF ABSENCE

An educational adjustment under this policy may include an excused leave of absence for as long as medically necessary. To request a leave of absence and accompany academic adjustments under this policy, a student should follow the request procedure listed above.

• If reasonable, a student will be given extra time to make up course work and tests missing during the leave of absence. Whether or not it is reasonable to grant a student extra time to make up course work and tests missed will be determined typically by the Vice President of Academic Affairs, Dean and Department Chairperson in consultation with the VP of Student Life, Title IX Coordinator and Director of Accessibility Services. This determination will usually be based on length of absence requested, ability of student to complete coursework outside of classroom, among other possible contributing factors.
• If it is unreasonable for a student to receive extra time to complete a course, the student will be given the option to withdrawal from the class without penalty.
• Pregnant or Parenting students who must take a medically necessary extended leave of absence (generally no longer than 180 days) shall be allowed to return to the same academic and extracurricular status as before the leave began.

REPORTING HARASSMENT OR DISCRIMINATION DUE TO A QUALIFYING CONDITION

Lourdes University prohibits discrimination and harassment on the basis of sex. Pregnant or Parenting Students who believe they have been discriminated against or harassed because of a qualifying condition may file a complaint with the Title IX Coordinator. Complaints of discrimination or harassment under this policy will be processed in accordance with the University Policy of Sexual Misconduct.