Title IX

Title IX Explained

Title IX of the Education Amendments of 1972, and its implementing regulation at 34 C.F.R. Part 106, 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.”

20 U.S.C. § 1681. 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.

Title IX Compliance at Zane State College

Zane State College strongly opposes and will not tolerate any form of harassment or discrimination, 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 ensuring Title IX compliance.

When to Contact a Title IX Coordinator

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

How to File a Title IX Complaint

To file a Title IX complaint, please click HERE.

Complainants are encouraged to report such behavior within 60 calendar days of the alleged discrimination. Reports may be made directly to:

  • Local police: 911
  • Jim Kemper, Chief Human Resource Officer (Title IX Coordinator): 740.588.1209
  • Denise Johnson, Human Resource Manager, Talent Management & Employee Relations (Deputy Coordinator): 740.588.4407
  • Elizabeth Kline, Chief Student Affairs Officer (Deputy Coordinator): 740.588.4116

Note Regarding Confidentiality: The Title IX Coordinator and Deputy Title IX Coordinator(s) are NOT CONFIDENTIAL resources for purposes of reporting and support. Both have a duty to report and investigate valid complaints. While they will address your concerns with sensitivity and will limit the disclosure of personal information as much as possible, confidentiality cannot and will not be guaranteed.

Title IX Coordinator

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.

Dr. James Kemper
Chief Human Resource Officer
Office of Human Resources
College Hall, Suite 112
1555 Newark Rd. Zanesville, OH 43701
Jkemper1@zanestate.edu
740.588.1209

Title IX Deputy Coordinators

The Title IX Deputy Coordinator reports to and receives administrative supervision from the Title IX Coordinator and functions independently within the guidelines of Zane State College’s personnel policies and regulations and exercises considerable judgement and initiatives in planning, organizing, and completing reports.

Denise Johnson
Human Resource Manager, Talent Management and Employee Relations
Office of Human Resources
College Hall, Suite 112
1555 Newark Rd. Zanesville, OH 43701
Djohnson14@zanestate.edu
740.588.4407

Dr. Elizabeth Kline
Dean, Student Success and Engagement
Chief Student Affairs Officer
College Hall, 115P
1555 Newark Rd. Zanesville, OH 43701
ekline@zanestate.edu
740.588.4116

Zane State College’s Title IX Process

The following outlines and summarizes the College’s policies and procedures. However, for the complete official policy, and procedures, including definitions please refer to policy 300.29 – Sexual Harassment The policy will contain important information such as definitions of terms and rules. For example, what is stalking and what is the preponderance of evidence burden of proof.

Intake or Receipt of Complaint:

  • Upon notice of a formal or informal report of gender or sex-based discrimination or harassment, such complaint will be appropriately documented in our online Maxient system. The Title IX Coordinator or its designee will conduct a prompt and impartial assessment of such report to determine the next steps.
  • 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. Confidentiality will be adhered to during the investigation. A trained Title IX team is in place when/if prompted by the Title IX Coordinator.

To file a report, please click HERE.

During an informal or formal investigation:

All investigations are thorough, reliable, impartial, prompt, and fair. Investigations involve interviews with all relevant parties and witnesses; obtaining available, relevant evidence; and identifying sources of expert information, as necessary.

All parties have a full and fair opportunity, through the investigation process, to suggest witnesses and questions, to provide evidence and expert witnesses, and to fully review and respond to all evidence on the record.

  • Interim and supportive measures to prevent continued discrimination or harassment and appropriate on/off campus support services will be considered and implemented during the investigation period as deemed appropriate. **Note: Click HERE for a non-exhaustive list of supportive measures.
  • Coordinator will discuss Zane State College’s resolution process options and will ask reporting party if they consent to participate in one of the following options:
    • If reporting party consents to participate in a resolution process, explore whether informal resolution is appropriate.
    • If reporting party declines any resolution, no further action is taken unless the Title IX Core Team determines that there is an overriding safety concern.
  • In the event it is determined that the case will result in an informal resolution, a facilitator will be identified. If the allegations are not appropriate for an Informal Resolution, or the parties do not agree to an informal resolution, or the informal resolution process does not result in a resolution, the College will begin the Formal Resolution process.
  • Relevant witnesses, including the alleged respondent and the complainant, will be identified and separately interviewed.
  • Appropriate rooms will be identified on campus in the event of a hearing. In-person and virtual options will be available.
  • The Complainant(s) and Respondent(s) will be notified of the various standards of evidence, standards showing how strong the evidence must be to meet the legal burden of proof in a given situation, ranging from reasonable suspicion to preponderance of the evidence, clear and convincing evidence, or beyond a reasonable doubt.
  • The investigation should be completed within 60-days. However, is may be delayed for good cause.

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. If possible, each party (claimant and respondent) will have 10- days to review a draft report. Following an evidence review, identify whether a Hearing is necessary.

Hearing Process

  • Notice will be made in writing and may be delivered by one or more of the following methods: in person, or emailed to the parties’ College-issued email or designated accounts. Once mailed, emailed, and/or received in-person, a receipt of the notice will be assumed to be received.
  • No less than ten (10) business days prior to the hearing, the Title IX Coordinator will send notice of the hearing to the parties. Once mailed, emailed, and/or received in-person, a receipt of the notice will be assumed to be received.

The notice will contain the following:

  1. A description of the alleged violation(s), a list of all policies allegedly violated, a description of the applicable procedures, and a statement of the potential sanctions/responsive actions that could result.
  2. The time, date, and location of the hearing and a reminder that attendance is mandatory, superseding all other campus activities.
  3. Any technology that will be used to facilitate the hearing.
  4. Information about the option for the live hearing to occur with the parties located in separate rooms using technology that enables the Decision-maker(s) and parties to see and hear a party or witness answering questions. Such a request must be raised with the Title IX Coordinator at least five (5) business days prior to the hearing.
  5. A list of all those who will attend the hearing, along with an invitation to object to any Decision-maker on the basis of demonstrated bias. This must be raised with the Title IX Coordinator at least two (2) business days prior to the hearing.
  6. Information on how the hearing will be recorded and on access to the recording for the parties after the hearing.
  7. A statement that if any party or witness does not appear at the scheduled hearing, the hearing may be held in their absence, and the party’s or witness’s testimony and any statements given prior to the hearing will not be considered by the Decision-maker(s). For compelling reasons, the Title IX Coordinator may reschedule the hearing.
  8. Notification that the parties may have the assistance of an Advisor of their choosing at the hearing and will be required to have one present for any questions they may desire to ask. The party must notify the Title IX Coordinator if they do not have an Advisor, and the College will appoint one. Each party must have an Advisor present. There are no exceptions.
  9. A copy of all the materials provided to the Decision-maker(s) about the matter, unless they have been provided already.
  10. An invitation to each party to submit to the Title IX Coordinator an impact statement pre-hearing that the Decision-maker will review during any sanction determination.
  11. An invitation to contact the Title IX Coordinator to arrange any disability accommodations, language assistance, and/or interpretation services that may be needed at the hearing, at least seven (7) business days prior to the hearing.
  12. Whether parties can or cannot bring mobile phones/devices into the hearing.

Hearings for possible violations that occur near or after the end of an academic term and are unable to be resolved prior to the end of term will typically be held immediately after the end of the term or during the summer, as needed, to meet the resolution timeline followed by the College and remain within the 60-90 business day goal for resolution. In these cases, if the Respondent is a graduating student, a hold may be placed on graduation and/or official transcripts until the matter is fully resolved (including any appeal).

Decision Making and Standard of Proof (Determination of Responsibility)

The Decision-maker will deliberate in closed session to determine whether the Respondent is responsible or not responsible for the policy violation(s) in question. If a panel is used, a simple majority vote is required to determine the finding. The preponderance of the evidence standard of proof is used.

When there is a finding of responsibility on one or more of the allegations, the Decision-maker may then consider the previously submitted party impact statements in determining appropriate sanction(s).

The Chair will ensure that each of the parties has an opportunity to review any impact statement submitted by the other party(ies). The Decision-maker may – at their discretion – consider the statements, but they are not binding.

The Decision-maker will review the statements and any pertinent conduct history provided by the appropriate administrator] and will determine the appropriate sanction(s) in consultation with other appropriate administrators, as required.

The Chair will then prepare a written deliberation statement and deliver it to the Title IX Coordinator, detailing the determination, rationale, the evidence used in support of its determination, the evidence not relied upon in its determination, credibility assessments, and any sanctions or recommendations.

This report must be submitted to the Title IX Coordinator within two (2) business days of the end of deliberations, unless the Title IX Coordinator grants an extension. If an extension is granted, the Title IX Coordinator will notify the parties.

Appeals Process

Any party may file a request for appeal (“Request for Appeal”), but it must be submitted in writing to the Title IX Coordinator with seven (7) days of the delivery of the Notice of Outcome. A three-member appeal panel will be designated by the Title IX Coordinator or a single Appeal Decision-maker will Chair the appeal. No appeal panelists or Decision-maker will have been involved in the process previously, including any dismissal appeal that may have been heard earlier in the process.

The Request for Appeal will be forwarded to the Appeal Chair for consideration to determine if the request meets the grounds for appeal (A Review for Standing). This review is not a review of the merits of the appeal, but solely a determination as to whether the request meets the grounds and is timely filed.

Principles for Title IX Grievance Procedures

Title IX Process

Title IX Training Materials

As required by the final Title IX Rule, released in May 2020, all materials used to train Title IX personnel must be made publicly available on its website. The training materials follow:

Faculty & Staff Training Material

Title IX Coordinator, Deputy Coordinator(s), and Investigator Training

Additional Resources