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Title IX Protocol

(Formerly Sex-Based Offense Protocol)


I. Introduction

II. Definitions

III. Confidentiality

IV. Crime Alerts/Emergency Notification

V. Resources and Support Services

VI. Making a Report

VII. Filing a Disciplinary Complaint with the Office of Ethics and Conflict Resolution

VIII. Investigation by the Office of Equity and Equal Opportunity

IX. Retaliation

X. Legal Options

XI. Education and Prevention

Appendix A—Definitions

Appendix B—Ohio Criminal Offenses






I. Introduction

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. Sexual assault, sexual misconduct, domestic violence, dating violence, and stalking (Title IX Offenses) are strictly prohibited and will not be tolerated. Any person, regardless of gender, can be a victim/survivor. This Protocol applies to both on-campus and off-campus conduct, academic, educational, co-curricular, athletic, study abroad, and other University programs. Title IX Offenses include criminal offenses, such as rape, fondling, domestic violence, dating violence, and stalking as well as violations of the Code of Student Conduct—Sexual Misconduct or Physical or Mental Abuse or Harm (Section 103).

By providing resources for prevention, education, support, investigation, and a fair disciplinary process, Miami University seeks to eliminate all Title IX Offenses. The University is dedicated to preventing Title IX Offenses by providing:

  • Education and prevention programming informing the community about the risks and myths that contributes to violence.
  • Assistance and support including interim support measures.
  • Processes for reliable and impartial investigation and adjudication that includes appropriate disciplinary sanctions for those who commit Title IX Offenses including suspension and dismissal. When a Title IX Offense does occur, the University will take appropriate steps to prevent its recurrence and remedy the discriminatory effect on the reporter (and victim/survivor if different from the reporter) and others, as appropriate.

Miami's Protocol is designed to comply with applicable state and federal laws. Miami University reserves 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.

This Protocol describes how the University typically responds to reports of Title IX Offenses involving students. It also:

  • Provides guidance for students who have been the victim/survivor of a Title IX Offense.
  • Outlines the University's student disciplinary response to alleged conduct violations.
  • Identifies the relevant places within the University responsible for the Protocol and programs associated with it.

Ms. Rebecca Getson serves as the University's Deputy Title IX Coordinator and Sexual Assault Response Coordinator (the Deputy Coordinator) for matters related to student Title IX Offenses. Ms. Getson may be reached at 104 Health Services Center, 421 S. Campus Avenue, Oxford, Ohio 45056, 513-529-1870 or getsonra@miamioh.edu. Ms. Getson will help students:

  • Access medical and mental health treatment.
  • Report the offense to the police.
  • Report the offense to the Office of Equity and Equal Opportunity for investigation and/or to the Office of Ethics and Student Conflict Resolution (OESCR) for disciplinary action.
  • Access victim/survivor support resources.
  • Assist the victim/survivor in obtaining a University no contact order, a court-issued retraining order, or other lawful order of protection.

Miami University encourages students 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 or disciplinary complaint may be pursued at the same time. Students may request a University investigation and/or file a disciplinary complaint with or without pursuing criminal charges. Victim/survivor support and resources are available regardless of criminal charges, University investigations or University disciplinary action.

Retaliation against any person(s) who reports a crime, brings a disciplinary complaint, pursues legal action, or 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.

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II. Definitions

A. Title IX Offense (See Appendix A for definition and Appendix B for a list of Ohio Criminal Offenses meeting these definitions)
  • Sex Offenses: Any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent. These offenses include Rape, Fondling, Incest, and Statutory Rape.
  • Domestic Violence
  • Dating Violence
  • Stalking
B. Code of Student Conduct—Sexual Misconduct or Physical or Mental Abuse or Harm (Section 103)

Sexual Misconduct

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 may be withdrawn at any time. Prior sexual activity or relationship does not constitute consent.

Examples of Sexual Misconduct include, but are not limited to, the following:

  • 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.
  • Non-consensual sexual contact, defined as any intentional sexual touching with any body part or object by any person upon any person without consent.
  • 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 audio-taping 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.
  • 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.

There is no consent if:

  • The accused 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., unconscious).
  • The victim's ability to consent is substantially impaired because of a mental or physical condition or because of age.

Other Physical Mental Abuse or Harm

Intentional or reckless acts that cause or reasonably could cause physical or mental harm to any person are prohibited. Actions that threaten or reasonably could cause a person to believe that the offender may cause physical or mental harm are also prohibited. Some examples of prohibited behavior include murder, assault, battery, domestic violence, dating violence, stalking, telephone harassment, computer harassment, threats, intimidation, physical assault or abuse, verbal abuse, and any other conduct that threatens the health or safety of any person.

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III. Confidentiality

Miami University will preserve student confidentiality to the extent possible and allowed by law.

A. Confidential Reporting

A person may speak confidentially with certain persons in legally protected roles at Miami University including the following:

  • Women Helping Women (rape crisis counselors are available 24 hours a day at 513-381-5610 or toll-free at 877-889-5610
  • Counselors at Student Counseling Service (513-529-4634); after hours emergencies by calling the Miami University Police at 513-529-2222 or 911 and asking for the on-call counselor
  • Medical staff at the Student Health Center (513-529-3000)
  • Off-campus with clergy, counselors, and physicians, including McCullough Hyde Memorial Hospital (513-523-2111), where a Sexual Assault Nurse Examiner (SANE) is available

A confidential report will not result in a report to law enforcement or a University investigation. It will not be reported to the Deputy Coordinator or to the Office of Ethics and Student Conflict Resolution.

In addition, the University sponsors several educational and awareness campaigns throughout the academic year, including Take Back the Night; The Clothesline Project, and Walk a Mile in her Shoes. These events offer an opportunity for victims/survivors to share experiences in a private setting and are not be treated as reports.

B. Non-Confidential Reporting

Ohio law and University policy require those not in a legally protected role with knowledge of a felony to report it to law enforcement. Miami personnel, including Resident Assistants and professional residence life staff, are required to report Title IX Offenses to the Miami University Police who will, in turn, report it to the Deputy Coordinator. Reporting to the Miami University Police or other law enforcement does not require the victim/survivor to pursue criminal charges.

Title IX Coordinators

The reporter (and victim/survivor if different from the reporter) may request confidentiality. 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, the Deputy Coordinator and the University's Title IX Coordinator, Ms. Kenya Ash, 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, the Deputy Coordinator and the Title IX Coordinator may conduct a preliminary review into the alleged violation and weigh the request against the following factors:

  • seriousness of the alleged violation.
  • whether there have been other complaints made regarding the accused.
  • accused right to access the complaint.
  • applicability of any laws requiring disclosure.
  • availability of other information to support the alleged violation.

If the reporter (and victim/survivor 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 Deputy Coordinator will advise the reporter/victim/survivor of the University's limited ability to respond. An accused has a right to know the name of the reporter (and victim/survivor 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 investigate and maintain the confidentiality of the reporter (and victim/survivor if different from the reporter). The University may take other steps to limit the effects of the misconduct.

Police Reports

Police reports are open for inspection and copying under Ohio's Public Records Act. The extent to which Miami University can protect the identity of a victim/survivor contained in police reports is not absolute; however the University uses its best efforts to protect the identity of the Title IX victim/survivor and the intimate details of the report. Ohio law specifically permits the University to withhold the identity of an uncharged suspect.

FERPA

In addition, the Family Educational Rights and Privacy Act (FERPA) protects students' educational records, including reports made to the Deputy Coordinator and disciplinary complaints made to the Office of Ethics and Student Conflict Resolution. FERPA prohibits the University from releasing these records to persons outside the institution without the student's consent except in response to a lawful subpoena or as otherwise required by law. However, if the student-offender is found responsible for violating the Code of Student Conduct-Sexual Misconduct or in some cases Physical or Mental Abuse or Harm, the University may release the following information to anyone:

  • Name of the student-offender (but not the identity of the victim/survivor)
  • Code of Student Conduct violation (e.g., Section 103)
  • Sanctions imposed as a result of the disciplinary proceedings

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IV. Crime Alerts/Emergency Notification

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.miami.muohio.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.miami.muohio.edu/campus-safety/crime-stats/index.html.

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V. Resources and Support Services

Miami University provides a number of resources and support services to any student who has been the victim/survivor of a Title IX Offense. Students are encouraged to seek support and obtain medical attention.

A. Medical and Counseling Resources
1. Medical Treatment

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 has a trained Sexual Assault Nurse Examiner (SANE) who can help.

2. Medical—Legal Evidence Collection

A person who has experienced sexual assault 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 the 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/survivor's system and should be tested for if the victim/survivor believes they 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
  • Urinating
  • Drinking any liquids
  • Smoking, eating, or brushing teeth (including mouthwash and flossing)

If an individual is uncertain about whether or not they want to report what has occurred, they can still have evidence collected. In cases of sexual assault or severe injuries, the police will be called to the hospital. The survivor can decide whether or not to speak with the police at that time to officially report what has happened.

While evidence may be collected anonymously (i.e., without the 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 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 to at 513-381-5610 or 877-889-5610 or the Sexual Assault Nurse Examiner (SANE) at McCullough Hyde Memorial Hospital.

3. Confidential Counseling Resources

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 Title IX Offenses, whether or not a Title IX Offense has actually occurred, whether or not the person seeking information has been a victim/survivor of a Title IX Offense, has been accused of a Title IX Offense, is a witness or other affected person.

On Campus*

  • Oxford Campus Student Counseling Service, 513-529-4634 (normal business hours)
  • Hamilton Campus Counseling, 513-785-3211
  • Middletown Campus Counseling, 513-727-3431
  • On-call University counselors (through University police dispatcher), 513-529-2222

* Professional staff members who are legally obligated to maintain confidentiality work at these offices. Meeting with one of these staff members does not begin the reporting process (see Section VI).

These medical and counseling services are also available to accused students and witnesses.

Off Campus

Crisis intervention is available to victims/survivors 24 hours a day by calling the independent Women Helping Women at 513-381-5610 or toll-free at 877-889-5610.

B. Interim Support Measures

Miami University provides a number of interim support services, upon request, to students who have been victims/survivors of Title IX Offenses. Students may, upon request, obtain interim support services, such as changing academic, residential, working, and transportation circumstances from the Deputy Coordinator. No police report, disciplinary complaint or investigation need occur before this option is available. The Deputy Coordinator will exercise discretion and sensitivity about sharing the identity of the victim/survivor when arranging for interim support services. A victim/survivor can access these services at any time, even if the student initially declined the service.

These services include the following:

  • Providing the victim/survivor with a temporary safe space within the University residence halls (available to Oxford students)
  • Changing residence hall assignments so that neither party shares the same residence hall (available to Oxford residential students)
  • Changing class assignments so that the parties do not share the same classes (available to instructional staff and students)
  • Providing academic support services including tutoring
  • Changing the students' work situation
  • Transportation/parking options
  • Prohibiting any contact between the parties
  • Assisting the victim/survivor in obtaining a University no contact order or a court-issued restraining order or other lawful order of protection

To access interim support services, contact Ms. Rebecca Getson at 104 Health Services Center, 421 S. Campus Avenue, Oxford, Ohio, 45056, getsonra@miamioh.edu or 513-529-1870. She is available during regular business hours throughout the year to meet with students who need information or guidance about Title IX Offenses. Students will become aware of support, medical services, and reporting options.

C. Immigrants or International Student Visa Information

There are certain legal protections available to immigrants or international students 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. Legal Assistance

Legal Aid Society of Southwest Ohio, 513-241-9400 or toll-free 1-800-582-2682. 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.

E. Protection Orders

Women Helping Women, 513-381-5610, the Miami University Police Department, 911(emergency) or 513-529-2222, and the Deputy Coordinator, 513-529-1870, are all available to assist the student in obtaining a University no contact order or a court-issued restraining order or other lawful order of protection.

After a protection order is issued, the protected party should provide a copy of the court order to the Dean of Students Office, 110 Warfield Hall, Miami University, Oxford and the Miami University Police Department. Students on the regional campuses should provide a copy of the court order to the Regional Campus Sr. Associate Dean of Students and campus security-Securitas. Any violation of the court order should be promptly reported to the police.

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VI. Making a Report

A. Making a Report

Students who have been the victim/survivor of a Title IX Offense are encouraged to promptly report the incident to the police and/or the Deputy Coordinator. If the victim/survivor is incapacitated, for any reason, and unable to report, a report should be made on behalf of the victim/survivor. Reports may be made by victims/survivors or others on their behalf. The Miami University Police will promptly inform Ms. Rebecca Getson, Deputy Coordinator, at 104 Health Services Center, 421 S. Campus Avenue, Oxford, Ohio 45056, getsonra@miamioh.edu or 513-529-1870 and vice versa.

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).

B. Limited Amnesty

While the University does not condone underage drinking or violation of other University policies, it considers reporting Title IX Offenses to be of paramount importance. To encourage reporting and adjudication of Title IX Offenses, Miami University extends limited amnesty to students who have been victims/survivors of a Title IX Offense. The University will generally not seek to hold the student responsible for a violation of the law (e.g., underage drinking) or the Code of Student Conduct during the period immediately surrounding the offense.

C. Reporting to the Miami University Police Department/Off-campus Police

For a Title IX Offense that occurred on campus, 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 University Police officers will respond quickly, with sensitivity and compassion (See Promises to Victims of Crime at http://www.miamioh.edu/police/services-offered/victim-services). To report an offense that occurred off-campus, contact the local police in the area the offense occurred or call 911 (emergency). Upon request, the Miami University Police will assist victims/survivors 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, 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. 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.

Title IX Offenses reported to the Miami University Police are shared with Rebecca Getson, the Deputy Coordinator and 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 Deputy Coordinator and the Oxford Police Department share information about sex-based offenses on a need-to-know basis under an Information Sharing Agreement that may be found at http://www.units.miamioh.edu/police/sites/edu.police/files/mutualaid/OPDMUPDSharingAgreement.pdf (102 KB).

Please note, a delay in reporting to police could weaken 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.

D. Report to the Deputy Coordinator

Victims/Survivors and others may elect to report the offense directly to Ms. Rebecca Getson, the Deputy Coordinator, at 104 Health Services Center, 421 S. Campus Avenue, Oxford, Ohio 45056, 513-529-1870 or getsonra@miamioh.edu. Upon request, she will:

  • Assist the student in immediately attending to any medical needs. The Deputy Coordinator can arrange for a professional staff member to accompany the student to the hospital if requested by the student.
  • Assist the student in contacting a support person such as a friend or parent if desired.
  • Assist the student 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.
  • Provide a temporary safe space within the University residence halls (available to Oxford students).
  • Change residence hall assignments so that the parties do not share the same residence hall (available to Oxford residential students).
  • Change class assignments so that the parties do not share the same classes (available to instructional staff and students).
  • Provide academic support services including tutoring.
  • Change working conditions.
  • Provide transportation/parking options.
  • Assist the student in filing a complaint with the Miami University Police if on- campus and Oxford Police or other appropriate police department if off-campus. The Deputy 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 student of the right to pursue a disciplinary complaint against an accused student with the Office of Ethics and Student Conflict Resolution. If the accused is someone other than a student (e.g., a University employee, vendor, contractor or subcontractor), the Deputy Coordinator will inform the student of the right to pursue a complaint using the appropriate University process. The University's disciplinary processes address a much broader range of offenses than the criminal law.
  • Inform the student 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.
  • If the accused is a student at another college or university, the Deputy Coordinator will assist the student in reporting the conduct to the accused's home school.

Reporters (and the victim/survivor if different from the reporter) may request confidentiality. 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, the Deputy Coordinator, in consultation with the Title IX Coordinator, 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, the Deputy Coordinator, in consultation with the University's Title IX Coordinator, Ms. Kenya Ash, Director of the Office of Equity and Equal Opportunity, Hanna House, 513-529-7157 or ashkd@miamioh.edu, may conduct a preliminary review into the alleged violation and may weigh the request 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 victim/survivor 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 Deputy Coordinator will advise the victim/survivor of the University's limited ability to respond to the report. A respondent has a right to know the name of the reporter (and victim/survivor if different from the reporter) and information regarding the nature of the allegations in order to defend against the report; thus the University may not be able to both investigate a report and maintain the confidentiality of the reporter (and victim/survivor if different from the reporter). The University may take other steps to limit the effects of the alleged harassment or discrimination and prevent its recurrence.

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VII. Filing a Disciplinary Complaint with the Office of Ethics and Conflict Resolution

If the accused is a Miami student, students may file a disciplinary complaint with the Office of Ethics and Student Conflict Resolution (OESCR), at 11 Warfield Hall, Miami University, Oxford, Ohio 45056 or 513-529-1417. Criminal investigations/prosecutions do not determine whether a violation of the Code of Student Conduct has occurred. Disciplinary action generally cannot begin without disclosing the victim/survivor's identity. The University reserves the right to pursue disciplinary action if the University believes there is sufficient information to proceed without the participation of the victim/survivor.

Students can file a disciplinary complaint with OESCR without pursuing criminal charges or a Title IX 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 complaint(s). 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.

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). See the Code of Student Conduct for full details on Summary Suspensions without Prior Notice or Hearing and Summary Suspension With Notice and Hearing.

Disciplinary Hearings—Disciplinary hearings for Title IX Offenses will be held before a trained Administrative Hearing Panel (two faculty and one staff member). 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 Title IX 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 to file a written statement, to submit information and to present relevant witnesses. Both the accuser and the accused are entitled to access information that will be used at the hearing, to present relevant witnesses and other information and to have others present, including an advisor of their choice, during the hearing, and to appeal. Confidential medical/counseling records and information regarding the victim's/survivor's sexual history with others will not be provided to the accused and is not admissible at any disciplinary proceeding. The questioning of the victim/survivor will be conducted through the Administrative Hearing Panel.

The University will accommodate concerns for personal safety, well-being, and/ or concerns regarding confrontation among the complainant (and the victim/survivor if different from the complainant), the accused student(s) and other witnesses by providing separate facilities, by using a visual screen or permitting participation by video phone, closed circuit TV, video conferencing, written statement or other means.

Standard of Review—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. The policies, procedures, and sanctions outlined in the Code of Student Conduct apply to all violations of the Code of Student Conduct. The Code of Student Conduct can be found in the Student Handbook on the University’s website at http://miamioh.edu/student-life/oescr/code-of-conduct/index.html.

Disciplinary Sanctions—Sanctions against a student whom has violated the Sexual Misconduct or Physical or Mental Abuse or Harm 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 recommended sanction for Title IX Offenses is often 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 and of their right to appeal.

Appeal Process—Both the accuser and accused have the right to appeal on the basis of alleged procedural error, new information and/or inappropriate sanction using the appeal process in the Code of Student Conduct.

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 responsibility should not be made as the result of any allegations. In the event that a student is accused of a Title IX 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 are available to the accused student through the University’s Student Counseling Service. An accused student has a right to know the name of the reporter (and victim/survivor if different from the reporter) and information regarding the nature of the allegations in order to respond to the complaint; thus the University may not be able to pursue discipline and maintain the confidentiality of the reporter (and victim/survivor if different from the reporter). The University may take other steps to limit the effects of the alleged harassment or discrimination and prevent its recurrence.

Timeline—The University is committed to addressing all complaints of sexual misconduct and/or physical or mental abuse or harm in a prompt and equitable manner. Upon receipt of a complaint, the Office of Ethics and Student Conflict Resolution will generally conduct its initial review and assessment within 1 to 3 days, the Procedural Review within 3-5 days, and the disciplinary hearing within 21 calendar days. Appeals will be typically conducted within 21 calendar days following the disciplinary hearing. These timelines may be extended based upon the complexity, severity and extent of the misconduct or for good cause. The timelines may also be affected by the winter or spring break period and summer or winter terms.

See the Code of Student Conduct for full details on the Office of Ethics and Student Conflict Resolution process.

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VIII. Investigation by the Office of Equity and Equal Opportunity

In the event the student chooses not to file a disciplinary complaint or prefers to have the matter investigated by the University through the Office of Equity and Equal Opportunity (OEEO), the Deputy Coordinator will seek the victim/survivor’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.muohio.edu/oeeo/employment-recruitment/resources-search-committees/policy-prohibiting-harassment-and-discrimination).

An investigation will not begin without the consent of the student unless the Deputy Coordinator in consultation with the Title IX Coordinator determines circumstances warrant an investigation. The request for confidentiality will be evaluated in the context of the University’s obligation to provide a safe and nondiscriminatory environment for all students. The request for confidentiality will be weighed 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/survivor insists that their privacy be protected and that their name or other identifiable information not be disclosed to the accused, the  Deputy Coordinator will advise the victim/survivor of the University’s limited ability to respond to the report. An accused has a right to know the name of the reporter (and victim/survivor if different from the reporter) and information regarding the nature of the allegations in order to defend against the report; thus the University may not be able to both investigate the report and maintain the confidentiality of the reporter (and victim/survivor if different from the reporter). 

The University may take other steps to limit the effects of the alleged assault and prevent its recurrence.

If the victim/survivor has consented to an investigation, the investigator from the OEEO will meet with the reporter to discuss the investigation and review the details of the allegation and to explain the subsequent steps involved in a Title IX investigation.

Immediate Response. The OEEO investigator, working with the Deputy 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  Deputy Coordinator will outline options to change the accuser’s or the accused's academic, living, working, and/or transportation situations if those changes are requested by the accuser or accused and are reasonably available. The Deputy Coordinator has the discretion to remove the accuser or accused from a hostile living situation.

A. Investigation

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  Deputy Coordinator, Rebecca Getson.

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, 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 students and promotes accountability.

Both the reporter (and the victim/survivor 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 victim/survivor’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 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.

B. Remedial Action

If the investigation finds by the preponderance standard that a Title IX Offense did occur, the University will take immediate steps to eliminate any hostile environment that has been created, prevent any further Title IX 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/survivor or by the Office of Equity and Equal Opportunity.

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IX. Retaliation

Any retaliatory action or conduct taken by any person against a person who has sought relief under this 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.

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X. Legal Options

In addition to University disciplinary action, 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 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.

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XI. Education and Prevention

The Division of Student Affairs creates, supports, and evaluates education and support programs aimed at the eradication of Title IX Offenses involving members of the Miami student community. To support these programs, the Deputy Coordinator will coordinate Title IX Offense education and prevention programs. Through this commitment, the Division of Student Affairs shall educate students about the following:

  • Title IX Offense Protocol and the University's commitment to enforce it.
  • Steps to minimize individual risk of sexual assault, sexual misconduct, domestic violence, dating violence and stalking.
  • Process and responsibility for reporting Title IX Offenses.
  • Awareness and resources for students who have been victim/survivors of Title IX Offenses and for those accused of Title IX Offenses.
  • How to be a knowledgeable and supportive peer presence, including bystander intervention education.
  • On-going wellness promotion programs that address issues including but not limited to sexual health and wellness, drug and alcohol education.

Miami University requires all new incoming students to complete an online education program, Haven-Understanding Sexual Assault, through the education technology company Everfi. Haven uses a population-level approach to educate all students on the issues associated with sexual assault and relationship violence, taking into account their unique perspectives and experiences, providing:

  • Key definitions and statistics.
  • Reflective and personalized content.
  • Bystander skills and confidence-building strategies.
  • Campus-specific policies, procedures and resources.
  • Rich data summaries to inform future programming.

The Miami University Police foster a safe campus environment by doing the following:

  • Providing safety and security patrols as part of regular University police/regional campus security responsibilities.
  • Including Title IX Protocol information on its website and directly to victim/survivors who elect to file a police report.
  • Accurately maintaining and reporting statistics of Title IX Offenses as required by the Jeanne Clery Campus Security Act.
  • Working with Facilities Management to provide adequate lighting on campus.
  • Working with Telecommunications to provide sufficient emergency phones on campus.

Other information sources including the following:

Office of Student Wellness

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Appendix A—Definitions

Sex Offenses

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.
Domestic Violence

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
Dating Violence

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.
Stalking

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.
Consent

Sexual conduct requires consent. Under the Code of Student 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.

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Appendix B—Ohio Criminal Offenses

Sex Offenses

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

Domestic Violence

Ohio Revised Code 2919.25 – Domestic Violence

Dating 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

Stalking

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

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Locations
Luxembourg
West Chester
Middletown
Hamilton
Oxford
  • Luxembourg
    Luxembourg

    John E. Dolibois European Center, Luxembourg

    One of Miami's oldest continuous study abroad programs, the Miami University John E. Dolibois Center (MUDEC) in Luxembourg offers students the opportunity to enroll in Miami classes taught by European-based and Ohio-based Miami faculty. Students enjoy a unique combination of first-class academics, engagement in the local community, and various faculty-guided and independent travel opportunities.

    Contact and emergency information for the Luxembourg Campus. Starting with general contact info on the left; additional contact and emergency information on the right.

    Château de Differdange
    1, Impasse du Château
    L-4524 Differdange
    Grand Duchy of Luxembourg
    luxembourg@MiamiOH.edu
    MiamiOH.edu/luxembourg

    217-222 MacMillan Hall
    531 E. Spring Street
    Oxford, Ohio 45056, USA

    Directions

    Main Operator: 011-352-582222-1
    Oxford-based Coordinator: 513-529-5050
    Emergency info: MiamiOH.edu/emergency

  • West Chester
    West Chester

    Voice of America Learning Center

    Located midway between Cincinnati and Dayton along I-75, the Voice of America Learning Center (VOALC) offers undergraduate and graduate courses and programs drawn from Miami's Regional and Oxford campuses. Home to Miami's MBA program, the Learning Center provides ready access to graduate programs for area educators and courses leading to the BIS degree for undergraduates.

    Contact and emergency information for the Voice of America Campus. Starting with general contact info on the left; additional contact and emergency information on the right.

    7847 VOA Park Dr.
    (Corner of VOA Park Dr. and Cox Rd.)
    West Chester, OH 45069
     
    voalc@MiamiOH.edu
    MiamiOH.edu/voalc

    Printable Floor Plan
    Directions

    Main Operator: 513-895-8862
    (From Middletown) 513-217-8862
    Emergency info: regionals.MiamiOH.edu/emergency

  • Middletown
    Middletown

    Middletown Regional Campus

    Nestled on 141 acres near I-75, Miami University Middletown offers bachelor's degrees, associate degrees, and beginning coursework for most four-year degrees. Nearby Greentree Health Science Academy immerses Miami's nursing and health information technology students in the health care experience while taking classes.

    Contact and emergency information for the Middletown Campus. Starting with general contact info on the left; additional contact and emergency information on the right.

     4200 N. University Blvd.
    Middletown, OH 45042
    regionalwebmaster@MiamiOH.edu
    regionals.MiamiOH.edu

    Printable Campus Map
    Directions

    Main Operator: 513-727-3200
    (Toll-free) 1-86-MIAMI-MID
    Office of Admission: 513-727-3216
    Campus Status Line: 513-727-3477
    Emergency info: regionals.MiamiOH.edu/emergency

  • Hamilton
    Hamilton

    Hamilton Regional Campus

    A compact, friendly, commuter campus, Miami Hamilton offers bachelor's degrees, associate degrees, and beginning coursework for most four-year degrees. Small class sizes, on-site child care, and flexible scheduling make Miami Hamilton attractive to students at all stages of life and career.

    Contact and emergency information for the Hamilton Campus. Starting with general contact info on the left; additional contact and emergency information on the right.

    1601 University Blvd.
    Hamilton, OH 45011
    regionalwebmaster@MiamiOH.edu
    regionals.MiamiOH.edu

    Printable Campus Map
    Directions

    Main Operator: 513-785-3000
    Office of Admission: 513-785-3111
    Campus Status Line: 513-785-3077
    Emergency info: regionals.MiamiOH.edu/emergency

  • Oxford
    Oxford

    Miami University, Oxford Ohio

    Nationally recognized as one of the most outstanding undergraduate institutions, Miami University is a public university located in Oxford, Ohio. With a student body of 16,000, Miami effectively combines a wide range of strong academic programs with faculty who love to teach and the personal attention ordinarily found only at much smaller institutions.

    Contact and emergency information for the Oxford Campus. Starting with general contact info on the left; additional contact and emergency information on the right.

    501 E. High St.
    Oxford, OH 45056

    Printable Campus Map
    Directions

    Main Operator: 513-529-1809
    Office of Admission: 513-529-2531
    Vine Hotline: 513-529-6400
    Emergency info: MiamiOH.edu/emergency