SEXUAL MISCONDUCT POLICY
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 in education programs or activities which receive Federal financial assistance. Title IX states:
"No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial aid."
Title IX bans sex discrimination throughout our university community -- in all programs and activities including, but not limited to, academic and athletic programs, financial aid and student records and accounts, health and counseling services, and housing and residence life programs.
Title IX Administrator
The Title IX Administrator at Lourdes University is Becky Tobias, Assistant Dean of Students, MAH 131, 419-517-8946, Email. The Title IX Administrator is responsible for the University's compliance with Title IX including, but not limited to, systematically monitoring and evaluating policy and procedures that effectively and efficiently respond to complaints of sex discrimination, including sexual harassment and sexual assault, and to ensure that all students are afforded equal educational opportunity. Questions regarding Title IX, as well as concerns and complaints of non-compliance, may be directed to him.
Lourdes University prohibits discrimination on the basis of sex in education programs and activities. Discrimination on the basis of sex includes sexual harassment or sexual violence, such as rape, sexual assault, sexual battery, and sexual coercion, all of which constitute sexual misconduct.
As defined in the Lourdes University Community Standards Code, sexual misconduct includes, but is not limited to, sexual harassment and sexual violence; for definitions and examples of these and related terms, please refer to Article III., Section B, Part 4.
Students who believe they have been the victim of sex discrimination, including sexual harassment, sexual assault, and sexual violence carried out by employees, other students, or third parties may report the incident. To do so, students should complete an incident form. Incident reports can also be completed by individuals on the alleged victim's behalf. Prompt reporting of an incident is strongly urged, since it is often difficult to determine the facts of an incident long after the incident has occurred.
While all reports are reviewed, only those with names of involved individuals and adequate details can be adequately investigated. All reports are included in the University's reporting efforts. While reports can result in full investigations and disciplinary action, it usually requires the participation of witnesses and involved parties, especially the victim. When the University receives the Incident Report/complaint, the Title IX Administrator will notify the complainant and the respondent and individually meet with both parties. If there is reasonable cause to believe a policy was violated, a prompt and equitable investigation will occur. A notice of investigation will be sent to parties involved, and campus Title IX investigators will begin an investigation.
Only the persons who need to know will be told of the incident, and information will be shared only as necessary with investigators, witnesses, and the accused individual(s). Investigators will gather information and conduct interviews with the complainant, respondent, and any witnesses. The fact finding investigation the institution uses will resolve complaints using a preponderance of evidence standard (i.e. is it more likely than not that the sexual harassment or violence occurred); and if it is determined based on this standard that the conduct occurred, the Title IX Administrator, in collaboration with necessary and relevant University personnel, will determine what actions the school will take to end the sexual violence, eliminate the hostile environment and prevent its recurrence. Likewise, if appropriate, the school will take steps to remedy the discriminatory effects on the complainant and others.
The institution's Title IX investigation will be adequate, reliable, impartial and prompt and include the opportunity for both parties to present witnesses and other evidence. The timeframe for the entire investigation process is 60 days; however, the process may take longer if there is a parallel criminal investigation or if it occurs partially during school breaks.
Once the investigation is complete, a written notice will be sent to the complainant and respondent of the outcome of the complaint.
Requests for Confidentiality
If a complainant requests confidentiality, the Title IX Administrator will make every effort to respect the request and will evaluate the request in the context of the school's responsibility to provide a safe and nondiscriminatory environment for all students. If a complainant requests that his or her name not be revealed to the alleged perpetrator or asks that school not investigate or not seek action against the alleged perpetrator, the school will inform the student that honoring the request may limit its ability to respond fully to the incident, including pursuing disciplinary action against the alleged perpetrator.
Both parties have the right to appeal the findings where it is alleged that procedural error or previously unavailable relevant evidence could significantly impact the outcome of a case or where it is alleged that a sanction is substantially disproportionate to the findings. The appeal must be in writing to the Vice President of Student Life within five days of the written notice of outcome. The Vice President for Student Life or designee will determine if the appeal meets one of the above standards. If it does, the matter will be returned to the Title IX Investigators and Administrator for re-opening of an investigation and to allow reconsideration of the original determination and/or sanction(s). If an appeal is not granted, the matter will be considered final and binding upon all involved.
Lourdes will take steps to ensure equal access to its education programs and activities and protect the complainant as necessary, including taking interim measures before the written notice of outcome of an investigation. For example, the Title IX Administrator may offer options to avoid contact with the respondent or allow the complainant to change academic and extracurricular activities as appropriate; likewise, the institution may implement interim measures including, but not limited to, housing accommodations, academic support, and counseling. If an appeal occurs, the written final outcome will be shared with both parties.
A student has the right to file a criminal complaint and a Title IX complaint simultaneously. The institution will cooperate and assist in notifying the proper law enforcement agency if the victim so chooses. To contact Public Safety on campus dial 411; off campus dial 419-574-3861. To contact the Sylvania Police dial 419-885-8902.
Individuals with complaints of this nature also have the right to file a formal complaint with the United States Department of Education, the federal governing body in charge of enforcing Title IX: Office of Civil Rights U.S. Department of Health and Human Services 233 N. Michigan Ave., Suite 240 Chicago, IL 60601 Voice Phone (800)-368-1019 Fax (312) 886-1807 TDD (800) 537-7697.
Student who would like to speak with off-campus rape crisis resources who can maintain confidentiality can contact the Hope Center Rape Crisis 24-hour information/advocacy Hotline at 419-241-7273. The Sophia Center, located at 6832 Convent Blvd. Sylvania, Ohio, is a campus resource that provides confidential, pressure-free support and information to victims of sexual assault and can be contacted at 419-882-4529.
University policy and federal laws prohibit the taking of retaliatory measures against any individual who files a complaint in good faith. It is a violation of University policy to retaliate against any complainant of sexual misconduct or against any person cooperating in the investigation of (including witnesses) any allegation of sexual misconduct.
For these purposes, "retaliation" includes intimidation, threats, harassment, and other adverse action threatened or taken against any such complainant or third party. Retaliation should be reported promptly to the Title IX Coordinator in cases of sexual misconduct and may result in disciplinary action independent of the sanction or interim measures imposed in response to the underlying allegations of sexual misconduct.
Possible sanctions for perpetrators include, but are not limited to, reprimands, warnings, probation, and dismissal.
To encourage victims to seek assistance and consider reporting, the University will not impose sanctions related to alcohol use on students or witnesses who may have violated Lourdes' alcohol policy at the time of an alleged incident.
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.
Lourdes University's policies against discrimination, harassment, sexual misconduct, 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.