Title IX

Title IX

Title IX

Table of Contents:

  • Title IX Explained
  • Title IX Compliance at Zane State College
  • Title IX Statistics (Facts)
  • Implications of Title IX
  • Process (Protocol)
  • Contact Information
  • Coordinators
  • When to Contact a Coordinator
  • Terminology & Definitions
  • Policies

 

Title IX Explained

Title IX of the Education Amendments of 1972 protects people from discrimination based on sex in education programs and activities that receive federal financial assistance. Title IX states that: No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.

The Title IX regulation describes the conduct that violates Title IX. Examples of the types of discrimination that are covered under Title IX include recruitment, admissions, and counseling, financial assistance, athletics, sex-based harassment, treatment of pregnant and parenting students, discipline, single-sex education, and employment. Also, a recipient may not retaliate against any person for opposing an unlawful educational practice or policy, or made charges, testified or participated in any complaint action under Title IX.

To enforce Title IX, the U.S. Department of Education maintains an Office for Civil Rights, with headquarters in Washington, DC, and 12 offices across the United States.

SOURCE: U.S. Department of Education, Office for Civil Rights. Title IX and Sex Discrimination.

  • Title IX prohibits sexual harassment and violence.
  • Title IX prohibits sex-based discrimination in education programs and activities receiving federal financial assistance;
  • Title IX applies to all public and private education institutions receiving federal financial assistance;
  • Sexual harassment, including sexual violence, is a form of sex discrimination covered by Title IX.
  • “Education programs and activities” includes all of a school’s operations, including school-sponsored activities or travel that occurs away from school;
  • Title IX’s protection applies to third parties who participate in a school’s education programs or activities. Examples include:
    • A high school student participating in a College’s recruitment program
    • A visiting high school or college student 
    • A visitor in the campus bookstore.

Title IX Compliance at Zane State College

Zane State College strongly opposes and will not tolerate any form of harassment or discrimination, which includes sexual misconduct, on the basis of age, color, disability, national origin, race, religion, sex, sexual orientation, gender identity, military status, or veteran status. This prohibition extends to discrimination or harassment based on the protected classes and includes the creation of an intimidating, hostile, or offensive working or learning environment. The College will take immediate steps to investigate and take appropriate corrective measures to ensure this policy is enforced.

At Zane State College the Office of Human Resources is the College’s designated office for compliance with federal statutes including: Titles VI, VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Americans with Disabilities Act of 1990, Age Discrimination in Employment Act of 1967, Pregnancy Discrimination Act of 1978, Age Discrimination Act (students), Executive Order 11246, Sections 503 and 504 of the Vocational Rehabilitation Act of 1973, and Vietnam Era Veterans’ Readjustment Act of 1974, and regulations of the office of federal contract compliance program.

In April 2011, the Office for Civil Rights (OCR) issued a “Dear Colleague” letter explaining to schools, colleges, and universities their obligations, under Title IX, to take immediate and effective steps to eliminate sexual harassment, including sexual violence.

In September 2017, the OCR withdrew this letter and issued a new “Dear Colleague” letter. The College remains in compliance with the various provisions of the new letter and the ongoing guidance from OCR and Title IX experts and advisors.

Supreme Court decisions dealing with Title IX and sexual harassment of students in private lawsuits for monetary damages:

  • Gebser v. Lago Vista Independent School District 524 U.S. 274 (1998)
  • Davis v. Monroe County Bd. Of Education, 526 U.S., 629 (1999).

Title IX Statistics (Facts)

According to a study on sexual assaults on college campuses:

  • 20-25% of women are victims of rape or attempted rape during their time in college.
  • Sexual assault is common among female students of all ages, races, and ethnicities. One in five women in college experiences sexual assault.
  • Women who identify as lesbian, bisexual, or gay are more likely to experience sexual assault on college campuses than heterosexual women.
  • Approximately 6.1% of men experience an attempted or completed sexual assault while in college.
    • The Campus Sexual Assault Study Final Report, (Krebs, Lindquist, Warner, Fisher, & Martin, 2007)
  • In 2009, college campuses reported nearly 3,300 forcible sex offenses as defined by the Clery Act.
  • 9 out of 10 college victims of completed and attempted rapes knew their attacker.
    • The Sexual Victimization of College Women, (Fisher, Cullen & Turner 2000)
  • On average, at least 50% of sexual assaults of college students involve the use of alcohol or other drugs by the perpetrator, victim, or both.
    • (Krebs et al., 2007); and Alcohol-Related Sexual Assault: A Common Problem Among College Students (Abbey, 2002)
  • Studies show that students are at the highest risk of sexual assault in the first few months of their first and second semesters in college.

Implications of Title IX

  • Jeopardizes students’ academic achievement
  • Undermines the students’ physical and emotional well-being
  • Sexual assault victims are more likely to suffer from depression, post-traumatic stress disorder, to abuse alcohol and drugs, and to contemplate suicide.

Process (Protocol)

Once we have notice of possible sexual harassment or violence, we must:

  • Take immediate and appropriate steps to investigate or otherwise determine what occurred; and
  • Take prompt and effective steps reasonably calculated to end any harassment or violence.
  • What constitutes a reasonable response to information about possible sexual harassment or sexual violence will differ depending on the circumstances.

The Zane State College protocol:

  • Upon receipt of a formal or informal report of discrimination or harassment, such complaint will be appropriately documented. The Office of Human Resources or its designee will conduct a prompt and impartial assessment of such report.
  • While taking into consideration the sensitive nature of these matters, it will usually be necessary for the College to conduct an investigation in order to determine what action may be warranted.

The following steps will be taken in an investigation:

  • Interim measures to prevent continued discrimination or harassment will be considered and implemented during the investigation period as deemed appropriate.
  • Relevant witnesses, including the alleged respondent, the complainant, and all witnesses, will be identified and separately interviewed.

Following the investigation:

After all information and evidence is objectively gathered and analyzed, a written summary/report will be forwarded to the President of the College. Before imposition of discipline, the accused will be given notice of the charges against him or her and provided an opportunity to respond to the allegations and to present a defense in accordance with other relevant College policies and, when applicable, the Student Code of Conduct. The student disciplinary process is also presented in the Student Code of Conduct.

Contact Information

  • Any person who believes he or she has been a victim of discrimination or harassment is strongly encouraged to pursue relief by reporting the discriminatory or harassing behavior to the appropriate individual(s). Complainants are encouraged to report such behavior within 60 calendar days of the alleged discrimination. Reports may be made directly to:
  • Campus Safety & Security (cell phone): 740.683.3584
  • Individuals can also call ext. 1111 with campus phones
  • Local police (both campuses): 911
  • Chief Human Resource Officer (Title IX Coordinator): 740.588.1209
  • Chief Student Affairs Officer (Deputy Coordinator): 740.588.1342

The Title IX Coordinator is the designated college official with primary responsibility for coordinating the College’s compliance with Title IX. This includes providing leadership for Title IX activities; providing consultation, education and training; and helping to ensure the College responds appropriately, effectively and equitably to Title IX issues.

To file a Title IX complaint, you may use this complaint form.

Please Note: The Title IX Coordinator and Deputy Coordinator are not confidential sources of reporting and support. While they will address your concerns with sensitivity and will keep your information as private as possible, confidentiality cannot be guaranteed.

Coordinators

Dr. James Kemper, SPHR
Chief Human Resource Officer
Title IX Coordinator

At Zane State College Dr. Kemper oversees the Office of Human Resources. Prior to joining Zane State, Kemper was the director of human resources for Longaberger Inc. and director of organization and human resource consulting for The Ohio State University. He also was associate vice president and chief human resources officer at Ohio University for over 20 years. Kemper also has worked for the Anchor Hocking Corporation and as an independent consultant. He has held adjunct teaching roles for Ohio University’s College of Business Administration and for Hocking College.

Dr. Kemper has bachelor and master degrees in business administration from Ohio University and an SPHR lifetime certification from the Human Resource Certification Institute in Washington D.C. He received his PhD in higher education administration from Ohio University in 2001. His dissertation, which has been replicated twice, was titled “The Role of the Human Resource Office in the Collegiate Environment: Identifying the Components of Being a Strategic Partner.”

He has published numerous human resources-related articles in trade journals including The Higher Education Workplace, The Business Officer, and Capacity.

Kemper is a member of The Society for Human Resource Management (SHRM), the College and University Professional Association for Human Resources (CUPA-HR), and the Society of Higher Education Human Resource Executives (SHEHRE).

He and his wife, Jenny, have four married, grown children and nine young grandchildren.

Kevin Hurst
Chief Student Affairs Officer
Deputy Coordinator, Title IX

Kevin is an advocate for students and has a passion for student services.  Kevin has participated in and has been involved with student services for 20 years.   This involvement began as a freshman in college where he participated in student leadership, student government, and student activities and continues until this day as a professional.  His current role at Zane State College is twofold. Kevin oversees and provides direction for the TRIO program and as, Accessibility Services, Advising, and Retention Services.  Before coming to Zane State College, Kevin was a Recruiter for Utah State University Eastern and advised the student Ambassador team.  Kevin enjoys working with students and finds this profession to be very rewarding. 

Kevin has a bachelor’s degree in Exercise and Sport Science from the University of Utah and a master’s degree in College Student Personnel Administration from the University of Central Missouri.  As a graduate student, Kevin completed an internship at Dixie State University working with their orientation, international student, registration, and financial aid departments.  Kevin also held a graduate assistant position for Student Leadership at the University of Central Missouri. 

Kevin loves spending time with his wife, five beautiful daughters, and playing sports – especially golf.   

When to Contact a Coordinator

Any person who believes he or she has been a victim of discrimination, harassment, or sexual misconduct is strongly encouraged to pursue relief by reporting the behavior to the appropriate individual(s). Reports can be made directly to the Chief Student Affairs Officer for Student Success, the Director of Campus Safety & Security, or the Chief Human Resource Officer. The Chief Human Resource Officer serves as the Title IX. Alternatively, a victim may report the behavior to any College faculty or staff member.

Terminology & Definitions (This is a non-exhaustive list and does not constitute legal advice.)

Consent

Consent in connection with sexual conduct is not specifically defined under Ohio law. However, under Ohio law the following circumstances are not consent:

  • If the offender substantially impairs the victim’s judgment or control by administering any drug, intoxicant or controlled substance to the other individual surreptitiously or by force, threat of force or deception;
  • If the victim’s ability to apprise the nature of or control his/her own conduct is substantially impaired;
  • If the victim is coerced;
  • If the offender uses force or threat of force;
  • If the victim is unaware the act is being committed (e.g. unconscious); or
  • If the victim’s ability to consent is substantially impaired because of a mental or physical condition or because of advanced age.

Conduct of a Sexual Nature

  • Determining whether conduct is of a sexual nature is very fact specific, but examples may include:
    • Unwelcome sexual advances
    • Requests for sexual favors
    • Comments about an individual’s body, sexual activity, or sexual attractiveness
    • Sexually suggestive touching, leering, gestures, sounds, comments, or displays of sexually suggestive objectives.
  • Such conduct also may be criminal in nature, such as:
    • Rape
    • Sexual assault
    • Sexually motivated stalking

Denies or Limits

To determine whether the conduct denies or limits benefits or service, consider:

  • The conduct from subjective and objective perspectives
  • Whether conduct is sufficiently severe or serious
  • Effect of the conduct on the student’s education
  • All other relevant circumstances, such as: type, frequency, location, and duration of conduct; number of students involved; and the relationship/roles of the parties.
  • Often, ‘harassment’ is thought of as a series of events, or a pattern of conduct. However, schools must weigh all the relevant facts in a given situation, including the severity of the conduct.
  • The more severe the conduct, the less the need to show repeated incidents.
  • Sexual violence is a severe type of sexual harassment. The Dear Colleague letter clarifies that a single incident of rape is sufficiently severe to create a hostile environment.

Hostile environment

Hostile environment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. A hostile environment with respect to sexual harassment occurs when such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creating an intimidating, hostile, or offensive working or learning environment. In addition, a hostile environment occurs when unwelcome sexually harassing conduct is so severe, persistent or pervasive that it affects an individual’s ability to participate in or benefit from a College program or activity, or creates an intimidating, threatening or abusive environment.

Notice

A school has notice if a responsible employee knew, or in the exercise of reasonable care should have known, about the harassment/violence.

Examples of notice:

  • A student complained to an Instructor or filed a Title IX complaint
  • Parents contacted a school official
  • A staff member witnessed the harassment
  • The media reported about an incident
  • The harassment is widespread, openly practiced, or well-known to students and staff.

 

Sexual harassment

Sexual harassment is a form of sex discrimination which violates state and federal laws respecting both employees and students. This definition is consistent with such laws. Sexual harassment consists of unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct, or other verbal or physical conduct or communication of a sexual nature when:

  1. Submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining or retaining employment, of obtaining an education, or of obtaining educational benefits or opportunities; or
  2. Submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual’s employment, education, educational benefits or opportunities; or
  3. Such conduct or communication has the purpose or effect of substantially or unreasonably interfering with an individual’s employment, education, educational benefits or opportunities, or creating an intimidating, hostile or offensive employment or educational environment. Any sexual harassment as defined herein is not limited to conduct or communication by someone in authority, but also includes any sexual harassment as defined herein when perpetrated on any student or employee by any other student, employee, or third party.
  4. Sexual harassment is sexual conduct that is “unwelcome.” It may include, but is not limited to:
    1. Uninvited verbal harassment or abuse such as sexual name calling, jokes, spreading sexual rumors, leers, or overly personal conversations of a sexual nature;
    2. Subtle pressure for sexual activity;
    3. Inappropriate patting, pinching or fondling, pulling at clothes, or intentional brushing against a student’s or an employee’s body;
    4. Demanding sexual favors accompanied by implied or overt threats concerning an individual’s employment or educational status;
    5. Demanding sexual favors accompanied by implied or overt promises of preferential treatment with regard to an individual’s employment or educational status;
    6. Any sexually motivated unwelcome touching, cornering, or blocking an individual’s movement;
    7. Conditioning a student’s grade or academic progress on submission to sexual activity;
    8. Hanging or displaying inappropriate and sexually explicit pictures, posters, or drawings in the workplace or learning environment;
    9. A pattern of conduct intended to discomfort or humiliate, or both, a reasonable individual at whom the conduct was directed that includes one or more of the following: unnecessary touching or hugging, remarks of a sexual nature about an individual’s clothing or body, or remarks about sexual activity or speculations about previous sexual experience.
    10. Any act of sexual violence as defined in this policy.
    11. Any act of sexual exploitation as defined in this policy.

Quid pro quo

Quid pro quo sexual harassment exists when:

  1. There are unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature; and
  2. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or academic status; or
  3. Submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions adversely affecting such individual.

Stalking

Stalking is engaging in a course of conduct directed at another individual that would cause a reasonable individual to fear for his or her safety or the safety of others or suffer substantial emotional distress. A course of conduct consists of at least two acts, including but not limited to, those in which the respondent directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about the complainant, or interferes with the complainant’s property.

Dating violence

Dating violence means violence committed by an individual who is or has been in a social relationship of a romantic or intimate nature with the complainant, and where the existence of such a relationship will be determined, based upon a consideration of the following factors: the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

Domestic Violence

Domestic violence is conduct that would meet the definition of a felony or misdemeanor crime committed by the complainant’s current or former spouse or intimate partner, a person with whom the complainant shares a child in common, a person who is or has cohabitated with the complainant as a spouse or intimate partner, or individual similarly situated to a spouse under domestic or family violence law, or anyone else protected under the domestic or family violence law of the jurisdiction in which the offense occurred. An individual need not be charged with or convicted of a criminal offense to be found responsible for domestic violence pursuant to this policy.

Incapacitated

Incapacitated/incapacitation is a mental state in which an individual cannot make rational decisions because they lack the capacity to give knowing consent. Such incapacitation may be caused by alcohol or other drug use, sleep or unconsciousness, or physical or mental impairment.

Intimidation

Intimidation is an implied or actual threat to commit a sex act against another individual, or behavior used to coerce participation in a sex act.

Parties

Parties includes both the individual lodging a complaint of harassment (“complainant”), and the individual about whom the complaint is made (“respondent”).

Relationship violence

Relationship violence is any physical, sexual and/or psychological harm against an individual by a current or former domestic partner. Domestic partners may include, but are not limited to, individuals who are cohabitating, married, separated or divorced, and may be of the same or opposite sex.

Retaliation

Retaliation is any overt or covert act of reprisal, interference, restraint, penalty, discrimination, intimidation, or harassment, against any individual or group for exercising rights under this policy.

Sexual exploitation

Sexual exploitation is taking non-consensual, unjust or abusive sexual advantage of another. Examples include, but are not limited to:

  1. Prostituting another;
  2. Non-consensual pictures, video, or audio-taping of sexual activity;
  3. Going beyond the boundaries of consent (such as knowingly allowing another to surreptitiously watch, otherwise, consensual sexual activity);
  4. Engaging in non-consensual voyeurism;
  5. Knowingly transmitting or exposing another individual to a sexually transmitted infection (“STI”) without the knowledge of the individual.
  1. Exposing one’s genitals in non-consensual circumstances; inducing another to expose their genitals;
  2. Invasion of sexual privacy; and
  3. Possession, use, and/or distribution of alcohol or other drug (e.g., Rohypnol, Ketamine, GHB, Burundanga, etc.) for the purpose of engaging in or facilitating any activity prohibited under this policy;

 Sexual violence

Sexual violence is any non-consensual sexual act, including, but not limited to, rape, sexual assault, sexual battery and sexual coercion. Sexual violence also includes relationship violence. Examples of sexual violence include, but are not limited to:

  1. Non-consensual sexual contact, touching with any body part or object, another individual’s intimate parts (e.g., genitalia, groin, breast, buttocks), whether clothed or unclothed.
  2. Non-consensual sexual intercourse, oral, anal and/or vaginal penetration, to any degree and with any body part or object.
  3. Compelling an individual to touch his or her own intimate body-parts or the intimate body-parts of another, without consent.

Sex- and gender-based discrimination

Unfairly treating an individual or group of individuals differently than others on the basis of sex or gender.  Sexual misconduct is a form of sex- and gender-based discrimination.

You may access legal definitions for the following in the Ohio Revised Code (ORC):

Sex offenses http://codes.ohio.gov/orc/2907.
Stalking http://codes.ohio.gov/orc/2903.211
Domestic Violence http://codes.ohio.gov/orc/2919.25

Policies

Location

Main Campus
1555 Newark Road
Zanesville, Ohio 43701

Cambridge Campus
9900 Brick Church Road
Cambridge, OH 43725

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