Title IX Protocol - Employees
V. Medical, Counseling and Other Confidential Resources—Including the Importance of Preserving Evidence
Miami University is committed to maintaining a healthy and safe working environment and to creating an environment that promotes responsibility, dignity, and respect in all matters. Unfortunately, faculty and staff may be victims of sexual assault, domestic violence, dating violence or stalking (Title IX offenses). In the vast majority of instances, the alleged perpetrator is not associated with our University; however, it is possible for these offenses to occur on campus or for the alleged perpetrator to be a visitor, guest, vendor/contractor, employee or student at Miami. Although most victims/survivors are women, men also can be victims. This Protocol is designed to provide information on the resources and support available to an employee when the employee is a victim of a Title IX offense, even if the offense occurred off campus. This Protocol also provides information on how to file a report if the offense occurred on campus or the alleged perpetrator is a visitor, guest, vendor/contractor, is employed by or enrolled at Miami. Miami’s Protocol is separate and distinct from the criminal process and is available to faculty and staff even if no police report has been made.
The Protocol is designed to comply with applicable state and federal laws. The University has the right to modify or deviate from this Protocol when, in the sole judgment of the University, circumstances warrant, in order to protect the rights of the involved parties, or to comply with the law.
In this Protocol, you will find information on:
- Definitions of Title IX Offenses
- Making a Police Report
- Confidentiality – persons with whom you can speak confidentially
- Medical, Counseling and Other Resources – including the importance of preserving evidence.
- University Support Services
- Making a Report for Investigation and Remedial Action – describes the University’s investigation process and remediation process if the alleged perpetrator is a visitor, guest, vendor/contractor, employee, or student at Miami or if the offense occurred on campus.
- Campus Crime Alerts and Emergency Notification
- Legal Options
Ms. Kenya Ash serves as the Director of the Office of Equity and Equal Opportunity and as the University’s Title IX Coordinator (the Coordinator) for matters related to Title IX offenses. Questions regarding this Protocol may be directed to Ms. Ash at Hanna House, Spring Street, Oxford, Ohio 45056, 513-529-7157 or email@example.com.
See Appendix A for definitions and Appendix B for a list of Ohio Criminal Offenses meeting these definitions
- Sex Offenses including Rape, Fondling, Incest, and Statutory Rape.
- Domestic Violence
- Dating Violence
Miami University encourages employees who have been the victim/survivor of a Title IX offense to pursue criminal charges against the person or persons they believe to have committed the crime. A criminal charge and a University investigation may be pursued at the same time. In addition, if the offense occurred on campus or the alleged perpetrator is believed to be a visitor, guest, vendor/contractor, employee, or is a student at Miami, a victim-survivor may request a University investigation with or without pursuing criminal charges. Victim-survivor support and resources are available regardless of police reports, criminal charges or University investigations.
IN THE EVENT OF EMERGENCY, CALL 911
On-campus emergency phone numbers:
- Miami University Police – 513-529-2222
- Hamilton Campus Security – 513-785-3222
- Middletown Campus Security – 513-727-3333
Off-campus emergency phone numbers:
- Oxford Police Department – Emergency 911 or 513-785-1300
- Hamilton Police and Butler County Sheriff – 513-868-5811
- Middletown Police – 513-425-7700
Employees are encouraged to report information regarding any incident of sexual assault, domestic violence, dating violence or stalking to the police and the University. Please note, a delay in reporting to police could weaken evidence or result in a loss of evidence used to determine whether an individual is responsible for an offense. Individuals may have up to 20 years to file a sexual assault report with the police.
The University removes from incident reports and Campus Security Authority reports all personally identifying information as defined in the Violence Against Women Act.
Note: If a person is dealing with a stalker or domestic/dating violence situation, it is important to take precautions when accessing any kind of support. In some circumstances, stalkers and/or abusers may access phone or computer records. When possible, people in these situations may want to use public computers or phones to seek out information. It is also good to safeguard your information by frequently changing passwords to random, unpredictable ones. It may also be helpful to think about steps that can be taken to keep information away from individuals (e.g., keeping things with a friend or getting mail at a different address).
Miami University will preserve the employee’s and other necessary parties’ confidentiality to the extent possible and allowed by law. A person may speak confidentially with persons authorized by law to keep these matters confidential:
- Miami University Employee Health Clinic – 513-529-3000; and
- Women Helping Women (rape crisis counselors are available 24 hours a day at 513-381-5610 or toll-free at 877-889-5610).
- McCullough Hyde Memorial Hospital – 513-523-2111 where a Sexual Assault Nurse Examiner (SANE) is available.
- Butler County Crisis Consultation and Intervention – Monday-Friday-513-881-7180 or 1-844-4-CRISIS (1-844-427-4747); Nights, weekends and holidays – Oxford/Hamilton-513-523-4146; Hamilton/WestChester-513-894-7002 and Middletown-513-424-5498.
- Dove House Shelter – 24 hr. Crisis Hotline 800-618-6523.
- Legal Assistance – The Legal Aid Society of Southwest Ohio provides legal services to those struggling to recover from domestic violence, sexual assault, and stalking. Legal services include restraining orders, child support, custody, divorce, visitation restrictions, visa adjustments, and division of debts and property. To contact the Legal Aid Society of Southwest Ohio, call 513-241-9400 or toll-free 1-800-582-2682.
A report to a confidential resource does not result in a report to the police or to the University.
V. Medical, Counseling and Other Confidential Resources—Including the Importance of Preserving Evidence
A person who has been the victim/survivor of an offense is urged to seek appropriate medical evaluation immediately, 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. In Oxford, McCullough Hyde Memorial Hospital, 110 N. Poplar St., has a trained Sexual Assault Nurse Examiner (SANE) who can help.
Medical—Legal Evidence Collection
A person who has experienced an offense 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 offense occurred within 96 hours, a free and confidential exam can be administered at local hospitals. The sooner the offense is reported, the more likely evidence will still be present. “Date rape” drugs, including rohypnol and GHB, may still be present in the victim/survivor’s system and should be tested for if the victim/survivor believes s/he may have been drugged. To help preserve evidence, the victim/survivor is encouraged to put any soiled clothes in a paper (not plastic) bag, and to refrain from the following:
- Bathing or douching
- Washing hands or face
- Drinking any liquids
- Smoking, eating, or brushing teeth (including mouthwash and flossing)
Even if an individual is uncertain about whether or not they want to report what has occurred, evidence should still be collected. In cases of sexual assault or severe injuries, the police will be called to the hospital. The victim/survivor can decide whether or not to speak with the police at that time to report what has happened.
While evidence may be collected anonymously (i.e., without the victim/survivor's name attached to it) and/or when there is no report made to police, these cases are handled differently. A discussion about the merit of collecting evidence “anonymously” and in instances where the victim/survivor does not want to report should be discussed with medical personnel and/or an advocate.
Questions about evidence collection can be directed to Women Helping Women at 513-381-5610 or 877-889-5610 or the Sexual Assault Nurse Examiner (SANE).
A person who has experienced stalking should retain all communications from the accused individual, including email, voice-mail, and text-messages.
Counselors at a variety of off-campus agencies can help a person decide what steps to take, such as seeking medical attention, preserving evidence, obtaining counseling and reporting to authorities.
Crisis intervention is available to victim/survivors 24 hours a day by calling the independent Women Helping Women at 513-381-5610 or toll-free at 877-889-5610.
National Sexual Assault Telephone hotline is available 24 hours a day at 800-656-HOPE (4673). This hotline, operated by RAINN, connects a caller with a local RAINN affiliate organization based on the first six digits of the caller’s phone number.
Ohio’s Sexual Violence Helpline is available at 1-844-OHIO-HELP (1-844-644-6435). This helpline is a confidential, statewide hotline dedicated to serving survivors of sexual assault and relationship violence.
Additional Support Services
A. Protection Orders
Women Helping Women (513-381-5610), the Center for Family Solutions (513-887-4303), the Miami University Police Department (911(emergency) or 513-529-2222) and the Coordinator (513-529-7157) are all available to assist an employee in obtaining an order of protection, a “no contact” order, a restraining order, or a similar lawful order issued by a criminal, civil, or tribal court, and/or a University no contact order. An individual who believes they have been the victim of a crime can request a court-issued order from the jurisdiction in which the crime took place and/or the accused individual is located.
Criminal Temporary Protection orders can be requested through the appropriate police departments and/or criminal court. These orders can typically be issued during an active criminal case against an alleged offender for a specific duration.
Additional information and to request a criminal protection order can be obtained from, but not limited to, the following police department(s) and criminal court(s):
- Police Departments: Miami University Police Department, Police Services Center, Oxford, 513-529-2222; Oxford Police Department, 11 S. Poplar St., Oxford, 513-523-4321; Hamilton Police Department, 331 S. Front St, Hamilton, 513-868-5811; Middletown Police Department, 1 Donham Plaza, Middletown, 513-425-7700.
- Criminal Courts: Butler County Area I Court, 118 High St, Oxford, OH, 513-523-4748, Butler County Area II Court, 101 High St, Hamilton, 513-887-3459; Butler County Area II Court, 9577 Beckett Rd, West Chester, 513-867-5070; Hamilton Criminal & Traffic Court, 345 High St, Hamilton, 513-785-7300.
An individual who has experienced or believes they are at risk of experiencing violence, threats, or abuse may apply for a civil protection order. Protection order types generally include: domestic violence and stalking or sexually-oriented offense. There is no cost for obtaining a civil protection order. Civil protection orders can be obtained through local courts, depending upon the location of the incident/accused individual.
In Butler County, an individual can petition for themselves or a family or household member at the following locations:
- Domestic Violence petitions can be obtained and filed with the Domestic Relations Division, Butler County Court of Common Pleas, Government Services Center, 2nd Floor, 315 High Street, Hamilton, 513-887-3278.
- Stalking or Sexually-Oriented Offense petitions can be obtained online or at the Clerk of Courts Office, Government Services Center, 5th Floor, 315 High Street, Hamilton, 513-887-3278.
- Additional information regarding Butler County court-issued orders can be found at: http://www.butlercountyclerk.org/index.cfm?page=Legal_protectOrder.
After a protection court order is issued, the protected party should provide a copy of the court order to the Office of Equity and Equal Opportunity, Hanna House, Miami University, Oxford, and the Miami University Police Department. Employees on the regional campuses should provide a copy of the order to the Regional Campus Sr. Director of Administration, Mr. Chris Connell, and campus security, Securitas.
A Miami University No Contact Order can be requested upon the initiation of or at any point during an investigation and/or hearing process. This request can be made to the Title IX Coordinator or directly to the Investigator/Conduct Officer.
Any violation of the Miami University No Contact Order should be reported immediately to the Office of Equity and Equal Opportunity, Hanna House, firstname.lastname@example.org for action. Any violation of a court-issued order should be promptly reported to the police.
B. Protecting Directory Information
An individual’s directory information can be limited. To modify information online: log in to miamioh.edu/directory and choose which information to be hidden or viewable.
C. Immigration and Visa Information
There are certain legal protections available to immigrants in the form of visas, particularly the U visa and the T visa. The U visa provides temporary legal status and work eligibility for victim/survivors of certain crimes (including domestic violence, sexual assault, human trafficking, involuntary servitude, and other offenses). The T visa provides victim/survivors of human trafficking and immediate family members with temporary legal status and work eligibility. These visas can be applied for when agreeing to assist law enforcement, unless an individual meets one of the exceptions. Additional information is available through the U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services: www.uscis.gov. For assistance, with this or other immigrant status questions, please contact Women Helping Women, 513-381-5610 or toll-free at 877-889-5610, or Legal Aid Society of Southwest Ohio, 513-241-9400 or toll-free 1-800-582-2682.
D. Employee Assistance Program
Online: www.bensingerdupont.com/MLA (password: MLASSIST), Telephone: 1-877-695-2789 (1-877MYLBRTY). Beneficiary Services including counseling, financial, legal assistance and family services are available.
Miami University provides a number of support services, upon request, to any employee who is the victim-survivor of a Title IX Offense. Employees may, upon request, obtain support services such as changing working conditions and transportation circumstances from the Coordinator. No police report or investigation needs to occur before support is available. These services include the following:
- Assist the employee in immediately attending to any medical needs. The Coordinator can arrange for a professional staff member to accompany the employee to the hospital, if requested by the employee.
- Assist the employee in contacting a support person such as a friend or family member, if desired.
- Assist the employee in obtaining a University no-contact order or a court-issued restraining order or other lawful order of protection.
- Provide information on medical and psychological resources available.
- Change working conditions.
- Provide transportation/parking options.
- Arranging for a voluntary leave of absence (using sick leave, FMLA, or personal leave as appropriate).
- Assist the employee in filing a complaint with the Miami University Police if on-campus and Oxford Police or other appropriate police department if off-campus. The Coordinator is required by law to notify appropriate law enforcement authorities of any sexual assault, domestic violence, dating violence, and stalking reported to her.
- Inform the employee of the option to have the matter investigated by the Office of Equity and Equal Opportunity and provide periodic updates on the status of any investigation.
- Other support services upon request and if reasonable available.
To obtain support services, contact Ms. Kenya Ash at Hannah House, Spring Street, Oxford, Ohio, 45056, email@example.com or 513-529-7157. She is available during regular business hours throughout the year.
Discretion and sensitivity about sharing the identity of the victim/survivor and circumstances of the offense will be used when arranging for support services. A victim/survivor can request these services at any time, even if the employee initially declined the service.
Even if a victim/survivor does not specifically request that their information remain confidential, the University will seek to protect the confidentiality of the victim/survivor and other necessary parties. When possible, the University will complete publicly available record-keeping without personally identifying information about the victim/survivor. The Annual Security Report, Crime Log, and any other publicly available document will not disclose the victim/survivor’s name, address, contact information, social security number, license/passport/student identification number, or any other personally identifiable information.
Upon request, the university will provide assistance to an employee in notifying law enforcement authorities. Requests should be made to Kenya, Title IX Coordinator.
The University will maintain as confidential any accommodations or protective measures provided to the victim/survivor to the extent that maintaining such confidentiality would not impair the ability of the University to provide accommodations or protective measures. There may be times when the University must disclose some information about the victim/survivor to a third party in order to provide accommodations or protective measures. This information will be limited only to what and who is needed to complete the accommodation/protective measure. The Deputy Coordinator will consult with the _____ to determine what information will be disclosed and to whom based upon the accommodation/protective measure information including: specific request, expressed need, availability, and limiting the sharing of information. When possible, the Deputy Coordinator will consult with the victim/survivor regarding what and with whom the information will be shared prior to sharing the information.
A determination of a Health and Safety Emergency will take priority over accommodations and protective measure confidentiality determinations.
The university provides written notification to students and employees about existing counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid, and other services available to victim both within the university and the community.
The university provides written notification to victim/survivors about options for and available assistance in, and how to request changes to academic, living, transportation and working situation or protection measures.
If the offense occurred on campus or the alleged perpetrator is believed to be a visitor, guest, vendor/contractor, employee or student at Miami, a report should be made to the Office of Equity and Equal Opportunity, Ms. Kenya Ash, Director and Title IX Coordinator, at Hanna House, Spring Street, Oxford Ohio, 513-529-7157, or firstname.lastname@example.org for investigation and remedial action. Reports may be made by the victim/survivor or others on their behalf. If the victim/survivor is incapacitated, for any reason and unable to report, a report should be made on behalf of the victim/survivor.
Reporters (and the victim/survivor if different from the reporter) may request that their identity not be revealed. The University takes such requests seriously; however, such requests may severely limit the University’s ability to investigate and take reasonable action in response to a report. In such cases, Ms. Ash, the Title IX Coordinator and the investigator will evaluate the request for confidentiality in the context of the University’s commitment to provide a reasonably safe and non-discriminatory environment.
In order to evaluate a request for confidentiality, a preliminary review may be conducted into the alleged violation. The request will be weighed against the following factors:
- The seriousness of the alleged violation.
- The circumstances suggest there is an increased risk of the alleged perpetrator committing additional acts of sexual assault or other Title IX offenses.
- Whether there have been other reports made regarding the alleged perpetrator, including a history of arrests or a record of sexual misconduct at prior institutions.
- Whether the alleged perpetrator has threatened the victim/survivor or others.
- Whether the sexual assault or other Title IX offense was conducted by multiple persons.
- Whether the circumstances suggest there is an increased risk of future acts under similar circumstances (e.g., a pattern of behavior).
- Whether the sexual assault or other Title IX offense involved the use of a weapon.
- The accused’s right to access the victim/survivor’s identity.
If the reporter (or alleged victim if different from the reporter) insists that their privacy be protected and that their name or other identifiable information not be disclosed to the accused, the Coordinator will advise the reporter (and the alleged victim if different from the reporter) of the University’s limited ability to respond to the report. A person accused of a Title IX offense has the right to know the name of the reporter (and alleged victim if different from the reporter) and information regarding the nature of the allegations in order to respond to the report; thus the University may not be able to both investigate a report and protect the identity of the reporter (and alleged victim if different from the reporter). The University may take other steps to end the harassment, limit the effects of the alleged harassment or discrimination and prevent its recurrence.
Investigation by Office of Equity and Equal Opportunity
If the reporter (and alleged victim if different from the reporter) consents to the investigation or the University determines that an investigation is required after weighing the factors above, the Office of Equity and Equal Opportunity (OEEO), will conduct the investigation in accordance with Miami’s Policy Prohibiting Harassment and Discrimination (http://blogs.miamioh.edu/miamipolicies/?p=161).
The investigator from the OEEO will meet with the reporter (and alleged victim if different from the reporter) to discuss the investigation and review the details of the allegations and to explain the subsequent steps involved in a Title IX investigation.
Immediate Response. The Coordinator may initiate an immediate response to separate the reporter (and alleged victim if different from the reporter) and accused from engaging each other on campus and in University-sponsored activities.
When a student or employee reports to the institution that the student or employee has been a victim of dating violence, domestic violence, sexual assault or stalking, whether the offense occurred on or off campus, the institution will provide the student or employee a written explanation of the student’s or employee’s rights and options.
The investigator will review the report. If the report alleges potential criminal conduct and the police have not been notified, the investigator will notify the University Police and the Title IX Coordinator.
The investigator will inform both parties of the respective time and place of the OEEO interviews of the parties and any witnesses. Contact between the parties will be limited to necessity. During this stage of investigation, both the complainant and the accused have the right to be accompanied by an advisor, including an attorney.
The OEEO investigation is designed to provide a prompt, fair and impartial investigation of the report. The investigation is conducted by persons who receive annual training on issues related to Title IX offenses and on conducting an investigation that protects the safety of faculty, staff and students and promotes accountability. The reporter (and the alleged victim if different from the reporter) and the accused have the right to object to the assignment of an investigator on the grounds of bias.
Both the reporter (and the alleged victim if different from the reporter) and the accused are entitled to the same opportunity to file a written statement, to submit information and to present relevant witnesses. Confidential medical/counseling records and information regarding the alleged victim’s sexual history with others will not be provided to the accused.
The purpose of the investigation is to ascertain to a reasonable cause whether a Title IX offense occurred and what responses need to occur. The standard of review used to determine responsibility on campus is a “preponderance” standard. This determination is based on the greater weight of the information and does not require a standard beyond a reasonable doubt. 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 appropriate administrative personnel, who may initiate the summary suspension process to immediately remove the accused from campus and/or impose other restrictions.
For the full policy go to http://miamioh.edu/oeeo/title-ix/index.html.
If the OEEO investigation finds by the preponderance of evidence standard that a Title IX offense did occur, the University will take immediate steps to eliminate any discrimination or hostile environment that has been created, prevent any further Title IX offenses, remedy the effects of the discrimination 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-survivor or by the Office of Equity and Equal Opportunity. Sanctions include education, suspension and termination of employment. Sanctions may be issued individually, or a combination of sanctions may be imposed. The determination of sanctions is based upon a number of factors, including: the harm suffered by the complainant; any ongoing risk to either the complainant or the community posed by accused; the impact of the violation on the community, its members, or its property; any previous conduct violations; and any mitigating or aggravating circumstances including whether the conduct was motivated by bias (e.g. the complainant was selected on the basis of his or her race, color, ethnicity, national origin, religion, age, disability or other protected class.)
Retaliation against any person(s) who reports a crime, pursues legal action, or participates in a University investigation or is a witness in any investigation or proceeding is strictly prohibited and will be regarded as a distinct violation of the University’s Policy Prohibiting Harassment and Discrimination. Retaliation will not be tolerated. Employees who retaliate face University disciplinary action up to and including dismissal.
If a report of a Title IX Offense reveals there is an immediate threat to the health or safety of students or employees on campus or that an on-going serious or continuing threat to the campus community exists, an Emergency Notification or a Campus Crime Alert will be issued. The purpose of a Campus Crime Alert is to enable persons to protect themselves, heighten safety awareness, and seek information that will lead to an arrest and conviction of the perpetrator. The victim's/survivor's name and other personally identifying information will NOT be included in any Emergency Notification or Crime Alert.
For more information on the Clery Act, Campus Crime Alerts, and Emergency Notifications, go to http://www.miamioh.edu/campus-safety/annual-report/index.html.
Reports of sexual assault, domestic violence, dating violence, and stalking are included in the Annual Security and Fire Safety Report/Crime Statistics at http://www.miamioh.edu/campus-safety/crime-stats/index.html.
A person who engages in a Title IX 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.
The Legal Aid Society of Southwest Ohio, 513-241-9400 or toll-free 1-800-582-2682, provides comprehensive legal services to those struggling to recover from domestic violence, sexual assault, and stalking.
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.
The University will not mediate allegations of sexual misconduct, domestic violence, dating violence or stalking.
Any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.
- Rape—The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
- Fondling—The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.
- Incest—Nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
- Statutory Rape—Nonforcible sexual intercourse with a person who is under the statutory age of consent.
A felony or misdemeanor crime of violence committed by:
- A current or former spouse or intimate partner of the victim.
- A person with whom the victim shares a child in common.
- A person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner.
- A person similarly situated to a spouse of the victim under the domestic or family violence occurred. or
- Any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred
Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.
- The existence of such a relationship shall be determined based on the reporting party's statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
For the purpose of this definition—
- Dating violence includes, but is not limited to, sexual or physical abuse or threat of such abuse.
- Dating violence does not include acts covered under the definition of domestic violence.
Engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
- Fear for the person's safety or the safety of others; or
- Suffer substantial emotional distress
For the purpose of this definition—
- Course of conduct means two or more acts, including but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about, a person, or interferes with a person's property.
- Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
- "Reasonable person" means a reasonable person under similar circumstances and with similar identities to the victim.
In general, non-consensual sexual conduct may constitute a crime. While Ohio law does not define consent, it provides the following is not consent*:
- If the offender substantially impairs the victim’s judgment or control by administering any drug, intoxicant or controlled substance to the other person surreptitiously or by force, threat of force or deception.
- The victim’s ability to judge the nature of or control their own conduct is substantially impaired.
- The victim is coerced.
- The offender uses force or threat of force.
- The victim is unaware the act is being committed (e.g., is unconscious).
- The victim’s ability to consent is substantially impaired because of a mental or physical condition or because of advanced age.
* This is a non-exhaustive list and is not intended to provide legal advice. Persons should consult with law enforcement and prosecutors for advice.
University Policy requires consent for sexual conduct. 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 if the accused substantially impairs the victim/survivor’s judgment or control by administering any drug, intoxicant or controlled substance to the other person surreptitiously or 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.
Preponderance of the Information
The standard used to determine a violation of Miami’s Policy Prohibiting Harassment and Discrimination is a “preponderance” standard. The standard is met by the information that has the most convincing force; the greater weight of credible information. The University considers all the information provided during the investigation. This standard essentially asks, “Is it more likely than not that the Policy Prohibiting Harassment and Discrimination was violated?”
Ohio Revised Code 2907.02 – Rape
Ohio Revised Code 2907.03 – Sexual Battery
Ohio Revised Code 2907.05 – Gross Sexual Imposition
Non-Forcible Sex Offenses
Ohio Revised Code 2907.03 – Sexual Battery
Ohio Revised Code 2907.04 – Unlawful Sexual Conduct w/a Minor
Ohio Revised Code 2919.25 – Domestic Violence
Ohio Revised Code 2903.11 – Felonious Assault
Ohio Revised Code 2903.12 – Aggravated Assault
Ohio Revised Code 2903.13 – Assault
Ohio Revised Code 2903.14 – Negligent Assault
Ohio Revised Code 2905.01 – Kidnapping
Ohio Revised Code 2905.02 – Abduction
Ohio Revised Code 2905.03 – Unlawful Restraint
Ohio Revised Code 2917.11 – Disorderly Conduct
Ohio Revised Code 2903.21 – Aggravated Menacing
Ohio Revised Code 2903.211 – Menacing by Stalking
Ohio Revised Code 2903.22 – Menacing
Ohio Revised Code 2917.21 – Telecommunications Harassment