Miami University is committed to maintaining a healthy and safe learning, living, and working environment and to creating an environment that promotes responsibility, dignity, and respect in matters of sexual conduct. Sex-Based Offenes are strickly prohibited and will not be tolerated. This applies to on-campus and off-campus conduct, academic, educational, co-curricular, athletic, study abroad, and other University programs. Sex-Based Offenses include criminal offenses such as rape, sexual assault, domestic/dating violence, and stalking as well as violations of the Sexual Misconduct section of Miami's Code of Student Conduct.
The University, by providing resources for prevention, education, support, investigation, and a fair disciplinary process, seeks to eliminate all sex-based offenses. The University is dedicated to preventing sex-based offenses by providing the following:
Ms. Rebecca Getson, Sexual Assault Response Coordinator and Deputy Title IX Coordinator for Student Sexual Assault is the primary source of support for students who experience sexaul assault, domestic or dating violence or stalking. Ms. Getson may be reached at 104 Health Services Center, 421 S. Campus Avenue, Oxford, Ohio 45056, 513-529-1870 or email@example.com. Ms. Getson will help students do the following:
Miami University urges students who have been the victim of sex-based offenses to pursue criminal charges against the person or persons they believe to have committed the crime. A criminal charge and a disciplinary complaint may be pursued at the same time. Students may file a disciplinary complaint without pursuing criminal charges. Victim support and resources are available even if a student elects not to pursue criminal charges or University disciplinary action. Retaliation against a person who reports a crime, brings a disciplinary complaint, pursues legal action, or who participates in an investigation or is a witness in any investigation or proceeding is strictly prohibited and will not be tolerated. Students who retaliate will face University disciplinary action.
Any retailiatory action or conduct taken by any person against a person who has sought relief under the Sex-Based Offense Protocol is strictly prohibited and will be regarded as a distinct violation of the University's Policy Prohibiting Harassment and Discrimination and /or a violation of the Code of Student Conduct if the person engaged in retaliatory action is a student.
The Division of Student Affairs creates, supports, and evaluates education and support programs aimed at the eradication of sexual assault, domestic violence, dating violence, and stalking (sex-based offenses) involving members of the Miami student community. Students can expect us to: 1) provide connections to medical and mental health treatment, 2) help you report the offense to the police and inform you of how to pursue disciplinary action, 3) assist you with accessing academic support services, and 4) support you with emotional health and other needs.
For a full description of support services, see Sex-Based Offense Protocol.
The Sexual Assault Response Coordinator and Deputy Title IX Coordinator for Student Sexual Assault (the Coordinator) provides leadership and guidance on sexual assault issues for the campus community with the objective of integrating awareness, understanding, and prevention/risk reduction behavior into the daily lives of Miami University students. The Coordinator is responsible for the educational components: campus and community partnerships, and review and development of Miami University sexual assault, domestic violence, dating violence, and stalking prevention and response initiatives.
Education programs will inform students about the following:
Additionally, the Coordinator serves as a campus liaison for survivors of sexual assault. The Coordinator can be reached at 104 Health Services Center, 513-529-1870. Information on Miami's sexual assault education programs can also be found at www.miamioh.edu/campus-safety/sexual-assault.
Miami Police provides presentations to small groups on a variety of safety topics. Police also offer 12-hour Rape Aggression Defense (RAD) training to women. The cost is $30, which includes the RAD manual, certificates, and supplies. Call 513-529-2222. You can find a variety of crime prevention tips, ranging from traveling alone to facts concerning Rohypnol, on the police department's website at www.miamioh.edu/police/campus-safety/crime-prevention.
The Health Advocates for Wellness Knowledge and Skills (HAWKS) and Men Against Rape and Sexual Assault (MARS) peer educators provide programs, as do residence hall staff. BCRTA SafeRide escort service on the Oxford campus is provided through Butler County Regional Transit Authority. An escort can be obtained by calling 513-785-5237 or 855-42-BCRTA (toll free) from 11 p.m. until 3 a.m. Monday through Saturday and until 1 a.m. on Sunday. On the Hamilton and Middletown campuses, Campus Security will provide escorts to parked vehicles.
Miami University strongly encourages students who have been the victim of sex-based offense (sexual assault, domestic violence, dating violence, and stalking) to obtain medical attention and file a police report.
A person who has been the victim of sex-based offense is urged to seek appropriate medical evaluation as promptly as possible, ideally within 96 hours of the incident.
For life-threatening conditions, call 911 (9-911 from a campus phone) or go to the nearest hospital emergency department. For the Oxford campus, McCullough Hyde Memorial Hospital, 110 North Poplar St. Oxford, Ohio, 513-523-2111, has a trained sexual assault nurse examiner (SANE) who can help.
A person who has experienced sexual assault (particularly rape, forcible oral copulation, or sodomy) or sexual misconduct is encouraged to request collection of medical-legal evidence. Prompt collection of physical evidence is essential should a person later decide to pursue criminal prosecution and/or a civil action. Collection of evidence may involve interaction with police and a police report.
If the sexual assault or sexual misconduct occurred within 96 hours, a free and confidential exam can be administered at local hospitals. The sooner sexual assault or sexual misconduct is reported, the more likely evidence will still be present. "Date Rape" drugs, including rohypnol and GHB, may still be present in the victim's system and should be tested for if the victim believes he or she may have been drugged. To help preserve evidence, the victim is encouraged to put any soiled clothes in a paper (not plastic) bag, and to refrain from the following:
Questions about evidence collection can be directed to Women Helping Women at 513-381-5610 or toll-free, 877-889-5610, or the Sexual Assault Nurse Examiner at McCullough Hyde Memorial Hospital.Medical—Evidence Collection for Domestic Violence, Dating Violence and/or Stalking
A person who has experienced domestic violence, dating violence, or stalking is encouraged to request collection of medical-legal evidence. Prompt collection of physical evidence is essential should a person later decide to pursue criminal prosecution and/or a civil action. Collection of evidence may involve interaction with police and a police report.
A person who has experienced domestic violence or dating violence should seek prompt medical care and documentation of any injuries. To help preserve evidence, the victim is encouraged to put any soiled cloths in a paper (not plastic) bag, and to refrain from the following:
A person who has experienced stalking should retain all communications from their stalker including email, voice-mail, and text-messages.
Student Health Services, Campus Avenue at 513-529-3000
Student Counseling Services, 195 Health Services Center at 513-529-4634
Counselors at a variety of agencies both on and off campus can help a person decide what steps to take, such as seeking medical attention, preserving evidence, obtaining counseling, and reporting to authorities.
Information, support and advice are available for anyone who wishes to discuss issues related to sexual assault or sexual misconduct, whether or not a sexual assault or sexual misconduct has actually occurred, whether or not the person seeking information has been assaulted, has been accused of a sexual assault or sexual misconduct, or is a third party.
Counseling is available to victims 24 hours a day by calling the independent Women Helping Women program at 513-381-5610 or toll-free, 877-889-5610. Student victims may also seek assistance from the following On Campus* resources:
*Professional staff members who are legally obligated to maintain confidentiality work at these offices. Meeting with one of these staff members does not start the protocol process.
In addition, the University's Take Back the Night event offers an opportunity for victims to share their experiences in a private setting.
McCullough Hyde Memorial Hospital, 110 North Poplar St., Oxford, OH at 513-523-2111
Sexual Assault, Sexual Misconduct
Crisis intervention is available to victims 24 hours a day by calling the independent Women Helping Women, at 513-381-5610 ot toll-free at 877-889-5610. A SANE Nurse is at McCullough Hyde Memorial Hospital, 110 North Poplar St., Oxford, OH at 513-523-2111
Domestic Violence, Dating Violence and Stalking - Women's Shelter
Dove House, YMCA Hamilton, 244 Dayton St., Hamilton, OH at 1-800-618-6523
Emergency assistance can be obtained anywhere by dialing 911. On the Oxford campus, reports should be made to the University Police (513-529-2222), while off-campus incidents should be reported to the Oxford Police (513-523-4321). On the Middletown campus and Greentree Health Science Academy, reports should be made to the Middletown Police (513-425-7700), on the Hamilton campus, reports should be made to the Hamilton Police (513-868-5811), at the Voice of America Learning Center, reports should be made to the West Chester Police (513-777-2231), and on the Luxembourg campus, reports should be made to the Luxembourg Police (+352 4997-1).
For victim assistance in notifying the police, contact the Sexual Assault Response Coordinator at 513-529-1870 or the Dean of Students at 513-529-1877 or the Student Affairs Emergency Case Manager at 513-529-1877
Students who have been the victims of a sex-based offense are urged to promptly report the incident. If the victim is incapacitated for any reason, a report should be made on behalf of the victim. Miami University strongly encourages victims and others to immediately report sex-based offenses to the police. The Miami University Police will promptly inform Ms. Rebecca Getson, Sexual Assault Response Coordinator, at 104 Health Services Center, 421 S. Campus Avenue, Oxford, Ohio 45056, 513-529-1870 or firstname.lastname@example.org.
For a sex-based offense that occurred on campus, students should contact the Miami University Police Department directly at 911(or 9-911 from a campus phone) or 513-529-2222 (non-emergency) to file a police report. Miami Police officers will respond quickly and with sensitivity and compassion (See Promises to Victims of Crime at http://www.miamioh.edu/police/services-offered/victim-services). Students who are victims of an off-campus sexual assault who want to file a police report should call 911 (emergency). Upon request, the Miami University Police will assist victims in obtaining protection or restraining orders.
Upon request, the Miami University Police, the Office of Ethics and Student Conflict Resolution or Rebecca Getson, the Coordinator, will assist students in notifying the Oxford Police or other appropriate police department of an off-campus sexual assault.
In general, non-consensual sexual conduct may constitute a crime. While Ohio law does not define consent for sexual conduct, Ohio law indicates the following are not consent*:
*This is a non-exhaustive list and is not intended to provide legal advice. Persons should consult with law enforcement and prosecutors for advice.
Sex-based offenses reported to the Miami University Police are shared with Rebecca Getson, the Coordinator and sex-based offenses reported to Ms. Getson will be reported to the Miami University Police if the alleged offense occurred on campus and to the appropriate law enforcement unit if the offense occurred off campus. The Miami University Police, the Coordinator and the Oxford Police Department share information about sex-based offenses under an Information Sharing Agreement that may be found at http://www.miamioh.edu/police/campus-safety/mutual-aid-agreements
Reporting a sex-based offense to Miami University Police or other law enforcement does not require the filing of criminal charges by the victim. Choosing not to pursue university or criminal action, however, does not necessarily remove the responsibility of the University to investigate and/or take action. Students who choose to notify police should be aware of the importance of the immediacy of reporting the incident and the importance of preserving physical evidence at the assault scene as well as on the person assaulted. Physical evidence can provide important evidence to support criminal charges leading to a successful prosecution.
While the University does not condone underage drinking or violation of other University policies, it considers reporting sex-based offenses to be of paramount importance. To encourage reporting and adjudication of sex-based offenses, Miami University will extend limited amnesty to students who have been the victim of a sex-based offense. The University will generally not seek to hold the student responsible for his/her own violations of the law (e.g., underage drinking) or the Code of Student Conduct in which he/she may have been involved during the period immediately surrounding the sex-based offense.
The university police also make the following promises to victims of sexual assault:
Every effort will be made to accommodate a victim's preference as to the gender of the reporting officer.
Every victim will be treated with respect and sensitivity.
Every case will be taken seriously and thoroughly investigated, regardless of the victim's gender or the gender of the assailant.
The police will assist the victim in obtaining necessary medical attention, counseling, and will continue to assist victims as they navigate the legal system.
For a complete copy of promises to sexual assault victims, call the police department's community relations officer at 513-529-0633 or visit the police department's website at www.miamioh.edu/police/services-offered/victim-services.
Students who have been sexually assaulted may obtain support services such as changing academic and living situations from the Sexual Assault Response Coordinator. No police report, disciplinary charge or investigation need occur before this option is available. Support services include the following:
To access academic and residential support services, contact the Office of the Dean of Students at 513-529-1877.
The Student Conduct Regulations, as detailed within the Code of Student Conduct (see The Student Handbook, PDF), clearly state the rights and responsibilities of students, behaviors prohibited, possible sanctions, and the procedural rights of students and student organizations. The policy on sexual assault is found in Section 2.1.C of the regulations, which provides:
Section 2.1.C.1 Sexual Misconduct(103A). Any sexual conduct directed against another person, forcibly and/or against that person's will; or where the victim is incapable of giving consent. Consent must be voluntary. An individual cannot consent who is substantially impaired by any drug or intoxicant; or who has been compelled by force, threat of force, or deception; or who is unaware that the act is being committed; or whose ability to consent is impaired because of a mental or physical condition; or who is coerced by supervisory or disciplinary authority. Consent may be withdrawn at any time. Prior sexual activity or relationship does not, in and of itself, constitute consent.
Examples of Sexual Misconduct include but are not limited to the following:
a. Non-consensual sexual intercourse, defined as any sexual penetration however slight, with any body part or object by any person upon any person without consent.
b. Non-consensual sexual contact, defined as any intentional sexual touching, with any body part or object by any person upon any person without consent.
c. Sexual exploitation, defined as taking non-consensual, unjust or abusive sexual advantage of another. Examples include, but are not limited to non-consensual video or audiotaping of sexual activity, going beyond the boundaries of consent (such as knowingly allowing another to surreptitiously watch otherwise consensual sexual activity) and engaging in non-consensual voyeurism.
d. Indecent exposure, defined as the exposure of the private or intimate parts of the body in a lewd manner in public or in private premises when the accused may be readily observed.
While the University does not condone underage drinking or violation of other University policies, it considers reporting sexual misconduct to be of paramount importance. To encourage reporting and adjudication of sexual misconduct, Miami University will extend limited amnesty to a student who has been the victim of sexual misconduct. The University will generally not seek to hold the student responsible for his/her own violations of the law (e.g., underage drinking) or the Code of Student Conduct in which he or she may have been involved during the period immediately surrounding the sexual misconduct.
Miami University also has developed a Sexual Misconduct/Assault Protocol [now known as Sex-Based Offense Protocol} that explains how incidents of sexual misconduct are handled. Miami University will make changes in the victim's academic and living conditions upon request. Both the accuser and the accused are entitled to the same opportunity to have others present during the disciplinary proceeding.
Both the accuser and the accused are entitled to the same opportunity for access to information that will be used at the hearing, to present relevant witnesses and other evidence, and to have others present during the hearing. Confidential medical/counseling records and information regarding the victim's sexual history will not be provided to the accused and is not admissible at any disciplinary proceeding. Both parties have the right to appeal. Both parties are prohibited from having contact during the pendency of the judicial process. The University will not mediate allegations of sexual misconduct.
Copies of the Sexual Misconduct/Assault Protocol [now known as Sex-Based Offense Protocol] are available in the Office of Ethics and Student Conflict Resolution, Women's Center, Office of the Dean of Students, the Miami University Police, the Oxford Police Department, and the Sexual Assault Prevention Program Office. The full Protocol can also be found at: http://www.miamioh.edu/campus-safety/sexual-assault/protocol.html.
Note: A student, who after having a hearing for a violation of Section 2.1.C.1, Sexual Misconduct or Assault, is found not responsible, may be found responsible for a violation of Section 2.1.C.2, Other Physical or Mental Abuse or Harm.
If the accused is a Miami student,students and others are urged to file a disciplinary complaint with the Office of Ethics and Student Conflict Resolution (OESCR), (513-529-1417). Criminal investigations/prosecutions do not determine whether a violation of the Sexual Misconduct section of the Code of Student Conduct has occurred. Disciplinary action generally cannot begin without a written, signed complaint and without disclosing the victim's identity. The University reserves the right to pursue disciplinary action even if there is no written, signed complaint if the University believes there is sufficient information to proceed without the cooperation of the victim.
Students can file a disciplinary complaint with OESCR without pursuing criminal charges or an investigation with the Office of Equity and Equal Opportunity. The purpose of these disciplinary proceedings is to provide a prompt, fair and impartial investigation and resolution of the charges. Disciplinary complaints may be filed with the Office of Ethics and Student Conflict Resolution at any time the accused is a student at Miami University based on the written complaint of the accuser.
Summary Suspensions—An accused student may be summarily suspended from campus pending the final outcome of the disciplinary proceedings. Summary suspension hearings are typically held within the first 48 hours of the filing of a disciplinary complaint. Summary suspensions may prohibit the student from all or part of university property and activities or permit the student to remain only under specified conditions (e.g., no-contact orders). A student may also be summarily suspended pending felony criminal charges.
Disciplinary Hearings—Disciplinary complaints may be heard by either Administrative Hearing Officers or Disciplinary Boards made up of faculty and students. The hearings are designed to provide a prompt, fair and impartial investigation and resolution of the complaint. The hearings are conducted by people who receive annual training on issues related to sex-based offenses and on conducting a hearing process that protects the safety of students and promotes accountability.
Both the accuser and the accused are entitled to the same opportunity for access to information that will be used at the hearing, to present relevant witnesses and other evidence and to have others present during the hearing and to appeal. Confidential medical/counseling records and information regarding the victim's sexual history will not be provided to the accused and is not admissible at any disciplinary proceeding.
Consent—Sexual conduct requires consent. Under the Code of Student Conduct consent must be voluntary. A person cannot consent if he or she is substantially impaired by any drug or intoxicant; has been compelled by force or threat of force or deception; is unaware the act is being committed; is impaired because of a physical or mental condition; or is otherwise coerced by disciplinary or supervisory authority. Consent may be withdrawn at any time. Prior sexual activity or relationship does not constitute consent.
Standard of Evidence—The standard of evidence used to determine responsibility is a "preponderance" of evidence. A preponderance of the evidence is the evidence that has the most convincing force; the greater weight of credible evidence. We consider all the testimony presented at the hearing (including the incident report, statements from the accused and the victim, if applicable, and statements of witnesses) and then look at each charge individually. A student is found responsible for violating the Code of Student Conduct if he or she admits to it or the evidence indicates that the person is responsible. A Student Conduct Hearing is an educational meeting—not a legal proceeding. This standard of evidence essentially asks, "Is it more likely than not that our policy was violated?" The Code of Student Conduct can be found in the Student Handbook on the University's website at http://www.miamioh.edu/documents/secretary/Student_Handbook.pdf.
Disciplinary Sanctions—Sanctions against a student who has violated the Sexual Misconduct section of the Code of Student Conduct include suspension and dismissal and vary depending on the severity of the violation and the accused conduct history. The recommend sanction for non-consensual sexual intercourse will be dismissal. Other sanctions include suspension, expulsion from campus housing, educational intervention, no-contact orders, and restrictions from participating in intercollegiate athletics or extracurricular activities. Both the accuser and the accused will be simultaneously informed in writing of the outcome of each stage of the disciplinary proceedings.
Appeal Process—Both the accuser and accused may appeal based on the grounds (alleged procedural error, new evidence and/or inappropriate sanction) using the appeal process in the Code of Student Conduct.
Notice of Outcome—Both the accuser and the accused will be simultaneously informed, in writing, of the outcome of any institutional proceeding that arises from an allegation of domestic violence, dating violence, sexual assault or stalking. The accuser and the accused will also be informed of the procedures to appeal the results of the disciplinary proceeding; of any change to the result that occurs prior to the time that such results become final; and when such results become final.
Interests of the Accused—It must be recognized that the accused person in a University investigation has legal and other rights, and that complaints in which each of the parties are members of the campus community are the most ethically and legally complex. A presumption of guilt should not be made as the result of any allegations. In the event that a student is accused of a sex-based offense and a disciplinary complaint is filed, the accused will be encouraged to seek advice from a member of the University community and is entitled to the same information as the accuser. Counseling and/or support is available to the accused student through the University's Student Counseling Service.
For further information on the Student Conduct Regulations, contact the Office of Ethics and Student Conflict Resolution, 9 Warfield Hall, 513-529-1417.
In the event the student chooses not to file a disciplinary complaint or prefers to have the matter first investigated by the University through the Office of Equity and Equal Opportunity (OEEO), the Coordinator will seek the victim's consent to investigate the report. If the student consents to the investigation, the OEEO will investigate as provided in Miami's Policy Prohibiting Harassment and Discrimination (http://www.units.miamioh.edu/oeeo/sites/edu.oeeo/files/MUPIM%203-6%202013-2014_1.pdf)
An investigation will not begin without the consent of the student unless the Coordinator determines circumstances warrant an investigation. The Coordinator will evaluate a request for confidentiality in the context of the University's obligation to provide a safe and nondiscriminatory environment for all students. The Coordinator will weigh the request for confidentiality against the nature of the alleged assault (e.g., use of force or threat of force, pattern of behavior, alleged use of "date rape" drugs), whether there have been other complaints against the same person and the accused's right to access to the complaint. If the victim insists that his or her privacy be protected and that his or her name or other identifiable information not be disclosed to the accused, the Coordinator will advise the victim of the University's limited ability to respond to the report. The Coordinator and the OEEO may take other steps to limit the effects of the alleged assault and prevent its recurrence.
If the victim has consented to an investigation, the investigator from the OEEO will meet with the complainant to discuss the investigation and review the details of the allegation and to explain the subsequent steps involved in a sex-based offense investigation.
Immediate Response. The OEEO investigator, working with the Coordinator may initiate an immediate response to separate the accuser and accused from engaging each other in common areas, residence halls, campus buildings, and student activities. The Coordinator will outline options to change the accuser's or the accused's academic and/or living situations if those changes are requested by the accuser or accused and are reasonably available. The Coordinator has the discretion to remove the accuser or accused from a hostile living situation.
The investigator will review the victim's report. If the report alleges potential criminal conduct and the police have not been notified, the investigator will notify the University Police and the Sexual Assault Response Coordinator.
The investigator will inform both parties of the respective time and place of the interviews of the parties and any witnesses. Contact between the parties will be limited to necessity. During this stage of investigation, both the accuser and the accused have the right to be accompanied by an advisor.
The purpose of the investigation is to ascertain to a reasonable cause whether a sex-based offense occurred and what responses need to occur. At the conclusion of the investigation, the investigator will prepare a written report of the findings of the investigation.
During any stage of the investigation, if the investigator reasonably suspects that the accused poses an imminent threat of harm or disruption to the campus community, the investigator will notify the Miami University Police, the Coordinator and the Dean of Students, who may initiate the summary suspension process under the Code of Student Conduct to immediately remove the accused from campus and/or impose other restrictions.
If the investigation finds by a preponderance of the evidence that a sex-based offense did occur, the University will take immediate steps to eliminate any hostile environment that has been created, prevent any further sex-based offenses and prevent retaliation. Additional remedial action including counseling, no-contact orders, and/or required education/training may also be provided. Following the investigation under Miami's Policy Prohibiting Harassment and Discrimination, disciplinary action against the accused may be initiated by either the victim or by the Office of Equity and Equal Opportunity.
In addition to University disciplinary action, a person who engages in a sex-based offense may be the subject of criminal prosecution and/or civil litigation. A police report must be made for criminal prosecution to be considered by the local prosecuting attorney. The chances of successful prosecution are greater if the report is timely and is supported by the collection of medical and/or legal evidence.
Complaints may also be filed with the United States Department of Education Office for Civil Rights or by consulting an attorney at the person's own expense. See http://www2.ed.gov/about/offices/list/ocr/docs/howto.html.
Under Ohio's Sex Offender Registration and Notification (SORN) law, responsibility for registration of sexual predators has been assigned to the sheriff's office. For information concerning the presence of registered sex offenders, visit the Butler County Sheriff's Office at http://www.butlersheriff.org/general-info/sex-offender-info/.