Title IX/Sexual Misconduct
Members of the Ashland University community, guests and visitors have the right to be free from gender based discrimination and sexual misconduct. As a faith based institution, Ashland University is committed to the respect and dignity of each individual.
What is Title IX?
No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any educational programs or activity receiving federal financial assistance. (Title IX of the Education Amendments Act of 1972).
Title IX prohibits institutions that receive federal funding from practicing gender discrimination in educational programs or activities. Because almost all schools receive federal funds, Title IX applies to nearly everyone. The Office for Civil Rights in the U.S. Department of Education is charged with enforcing the civil rights and regulations in education.
When Title IX is mentioned, most people think about women and athletics. However, Title IX covers acts that impact educational opportunities and employment for all students, staff, faculty and other employees.
In conformity with the pertinent requirements of Title IX of the Education Amendments of 1972 enacted by the Congress of the United States, the University does not discriminate, within the context of its religious principles, its heritage, its mission or its goals, on the basis of sex in the areas of employment, admission, educational programs, or other activities. In our efforts to end gender discrimination and sexual misconduct, the university expects all members of its community to never:
Pressure anyone to suppress a report of gender discrimination and/or sexual misconduct
Cause an individual who has expereinced gender discrimintation/sexual misconduct to believe that the they are responsible for the commission of the gender discrimination and/or sexual misconduct committed against them.
Imply to an individual who has expereinced gender discrimintation/sexual misconduct that the they were negligent or assumed the risk of gender discrimination and/or sexual misconduct by reason of circumstances, dress, or behavior
Suggest to anyone that their report will bring unwanted publicity to the University
Title IX has helped girls and women participating in interscholastic and intercollegiate athletics in far greater numbers than they had in the past. When Title IX became law, dramatic change was needed to level the playing fields of the nation's schools and to change the perception of the place of girls and women on them.
Girls and women also are increasingly participants in sports that have traditionally been seen as exclusionary to women. Before the passage of Title IX, athletic scholarships for college women were rare, no matter how great their talent.
It is important to recognize that there is no mandate under Title IX that requires a college to eliminate men's teams to achieve compliance. The thought that "if women are to gain opportunities, then men must lose opportunities," presents a false dichotomy. As with other educational aspects of Title IX, and according to the expressed will of Congress, the regulation is intended to expand opportunities for both men and women.
This policy applies to all members of the University community, regardless of sexual orientation or gender identity, including international and undocumented persons as well as all students, faculty, staff and other employees. It also applies to guests, contractors, and other third parties within the University’s control. This policy applies to conduct:
- On University premises;
- At any University sponsored activity;
- Or at any location when the conduct
- Has an adverse impact on the education or employment of a member of the University community or;
- Otherwise threatens the health and/or safety of a member of the University community or;
- Adversely affects the interests of the University community.
- The University will provide a timely and thorough investigation and will treat the reporting party and responding party with respect before, during, and after the process.
- The University will inform both parties of respective resources such as, counseling services, medical services, law enforcement, local rape and domestic violence center services and other campus and off campus resources.
- Reporting parties are strongly encouraged to report sexual assault, stalking, and domestic/dating violence to local law enforcement.
- Both parties may request changes to academic and living situations after sexual misconduct report occurs. University staff are able to help facilitate such changes, if requests are reasonably available.
- Both parties have the right to have an advocate, who can be an attorney throughout the process. The advocate may not be a witness, cannot participate directly in the investigation and may communicate only with the individual they are serving as an advocate to.
- Both parties and the University have the right to a campus "no-contact directive," which prohibits both parties from having contact of any kind (including electronic contact or contact from third parties acting on the responding party's behalf) with the reporting party or the responding party.
- The University will make reasonable efforts to protect confidentiality, within the parameters of FERPA (Family and Education Privacy Act of 1974) and the University disciplinary action process.
- Both parties are afforded the right to be updated on the investigation and be informed of the outcome in writing.
- Both parties have the right to have prior, irrelevant sexual behavior or history with other individuals excluded from an investigation. (As a reminder, prior consensual behavior with the responding party does not indicate consent on subsequent occasions.)
- Prior to an investigation, both parties are allowed to inform the investigators of relevant witnesses to include in the investigation.
- The university utilizes the preponderance of evidence standard for all reported violations, including sexual misconduct.
- Both parties will be provided an adviser to help them navigate the sexual misconduct resolution process. Advisers are trained Ashland University Title IX deputy coordinators. Their role is to provide information about policies, procedures, and the resolution process; provide support, advice, and guidance throughout the resolution process; follow up after the resolution and refer to available resources as needed. Advisers do not act as advocates for either party.
In our efforts to end gender based discrimination, the university expects all members of its community to never:
- Pressure anyone to suppress a report of gender discrimination and/or sexual misconduct
- Cause the reporting party to believe that he/she is responsible for the commission of the gender based discrimination committed against him/her
- Imply to a reporting party that he or she was negligent or assumed the risk of gender based discrimination by reason of circumstances, dress, or behavior
- Suggest to anyone that their complaint will bring unwanted publicity to the University
The University provides equal employment opportunities to all employees and applicants for employment without regard to race, color, religion, sex, national origin, age, disability or genetics. In addition to federal law requirements, the University complies with applicable state and local laws governing nondiscrimination in employment in every location in which the company has facilities. This policy applies to all terms and conditions of employment, Including recruiting, hiring, placement, promotion, termination, layoff, recall, transfer, leaves of absence, compensation and training. The University expressly prohibits any form of workplace harassment based on race, color, religion, gender, sexual orientation, gender identity or expression, national origin, age genetic information, disability or veteran status. Improper interference with the ability of the University employees' ability to perform their job duties may result in discipline up to and including discharge.