How to Report a Title IX incident

Please Note: The Title IX Coordinator is not a confidential source of support. While they will address your complaint with sensitivity and will keep your information as private as possible, confidentiality cannot be guaranteed. For confidential resources, please contact the Sinclair Counseling Services Office at 937-512-3032.

You can download the Title IX Guide Sinclair Sexual Harassment and Sex Discrimination Procedure for details about how Sinclair handles reports of sexual miscoduct.

What is a formal complaint and how do I file one?

A formal complaint is the form signed by a Complainant who wishes to file a formal grievance under the Sinclair Title IX Sexual Harassment and Sex Discrimination Procedure. 

This form must be submitted to the Title IX Coordinator prior to the start of a formal investigation process or the informal resolution process. This form also allows you to file an incident anonymously.

Before the Title IX Coordintor starts an investigation or the informal resolution process, they will conduct an initial assessment to determine whether the threshold requirements have been met and Title IX Sexual harassment may have occurred, and determine whether an investigation or informal resolution process is appropriate. Submitting the form does not constitute a formal complaint; however, the Title IX Office reserves the right to file a formal complaint on behalf of Sinclair College.

Sinclair strongly encourages individuals who believe that they or someone else has been the victim of sexual harassment, sexual assault, domestic violence, dating violence, stalking, and/or other forms of sexual misconduct off-campus to contact their local police department and to notify Sinclair Police immediately. Anyone who believes that he or she or someone else has experienced these acts on campus should contact the Sinclair Police department at 937-512-2700 or dial 911 from any location. 

Three Options Available Under Title IX Procedure

Supportive Measures | Formal Investigation | Informal Resolution 

The Sinclair Title IX Sexual Harassment and Sex Discrimination Procedure has three options available for those who experienced a type of sexual harassment under that policy and procedure.  These three options include:

1. Supportive Measures Only - where no formal complaint is filed but the Complainant continues to receive supportive measures;
2. The Formal Investigation Process - where a formal complaint is filed and the Complainant and Respondent both participate in the investigation and live hearing process; and  
3. The Informal Resolution Process - where a formal complaint is filed and both parties agree to participate in this informal process and the Title IX Coordinator also believes it is appropriate.

Supportive Measures

Upon receipt of a report or complaint of sexual harassment or sexual misconduct, the College will provide supportive meaures and reasonable protective measures to the complainant to prevent further acts of misconduct and to provide a safe and educational work environment. The College will determine the necessity and scope of any supportive measures. Even when a complainant does not specifically request that protective action be taken, the College may choose to impose supportive measures at its discretion to ensure the safety of any individual, the broader College community, or the integrity of the review process.

A student, faculty member, or employee seeking such assistance or suppotive measures should contact the Sinclair Title IX Coordinator, who will coordinate such requests.

When there are restrictions imposed by a supportive measure (such as a no contact order) and someone violates those restrictions, individuals are encouraged to report such a failure to the Title IX Office.  The College will take immediate and responsive action to enforce measures previously ordered or implemented by Sinclair.

Sinclair may impose any remedy that can be tailored to the involved parties to achieve the goals of this policy, even if not specifically listed here. Supportive Measures include but are not limited to:

1. No Contact Order:  A complainant or respondent may request, or Sinclair may impose, communication and contact restrictions to prevent further potentially harmful interaction. These communication and contact restrictions generally preclude any individual, telephone, electronic, or third party communications. The College may also limit an individual or organization’s access to certain College facilities or activities as part of the no contact order.
2. Academic, Employment Modifications: A complainant or respondent may request an academic or employment accommodation after a report of sexual misconduct. Individuals who request assistance in changing their academic or employment situation after an incident of sexual misconduct will receive appropriate and reasonably available accommodations.
3. Academic accommodations: including a change in class schedule, taking an incomplete, dropping a course without penalty, attending a class via electronic, remote, or other alternative means, providing an academic tutor, or extending deadlines for assignments.
4. Change: Change in work assignment or schedule.
5. Escort: Providing an escort to ensure safe movement between classes and activities.
6. Emotional Support: The College will assist in providing referral to off-campus agencies or providers, as described in the reference section of this policy. Such support is available to any member of the College community.
7. Interim Separation/Administrative Leave: When a report of sexual harassment or misconduct indicates that there may be an ongoing risk of harm to the safety or well-being of an individual or members of the campus community, the College may place a student or student organization on interim suspension, or place an employee on administrative leave. Pending resolution of the complaint, the individual or organization may be denied access to campus. When interim suspension or administrative leave is imposed, the College will make reasonable efforts to complete the investigation and resolution within an expedited time frame. 

The Formal Investigation Process

Once a party files a formal complaint, the party may choose to resolve the Formal Complaint through the investigation process, provided that the Title IX Coordinator has conducted an initial assessment and determined that the jurisdiction and threshold requirements have been met, that Title IX Sexual Harassment may have occurred, and that an investigation is appropriate.

The investigation process will begin with the Title IX Coordinator appointing one or more investigators.  An investigator will begin the full investigation promptly and will conduct the full investigation in a manner that is complete, thorough, and impartial.

If a Formal Investigation Process is initiated, the following steps are taken:

• An investigator interviews the Reporter, the Complainant, and the Respondent
• Evidence is gathered and shared with all parties to review
• All parties have an opportunity to submit a written response to the investigator concerning evidence that is submitted
• The Investigator’s written report is completed and shared with all parties and a decision maker
• Appeals can be filed within a 3-day period, thereafter a pre-conference hearing may occur between the decision maker and the party advisors
• A live hearing is then conducted by the decision maker and sanctions are determined by Sinclair administrators
• Subsequently a written report is submitted to all parties by the decision maker, an opportunity to appeal the outcome can occur within 10 days

Informal Resolution Process

An Informal Resoluton Process or (IRP), is where a formal complaint is filed, both the Complainant and the Respondent must agree to using the informal process. However, either party may choose to return to the formal investigation process at any time before reaching an informal resolution agreement. There is no appeal process for the Informal Resolution process. Sinclair’s Informal Resolution process involves informal consultation to find an acceptable resolution for both parties without invoking the full investigation and live hearing process.

Sinclair will not offer or facilitate an informal resolution process to resolve allegations that an employee engaged in Title IX Sexual Harassment of a student.

If an Informal Investigation Process is initiated, the following steps are taken:

1. The Informal Process Facilitator (IRF) will be designated by the Title IX Coordinator and may be the Title IX Coordinator to conduct the IRP;
2. IRF has separate, meetings with each party;
3. IRF moves back and forth between the parties to determine the desired outcome and propose solutions;
4. After negotiations, the informal resolution agreement is reached, sanctions are agreed to, and the parties sign the informal resolution agreement (parties may not agree to obligate Sinclair without prior approval);
5. Informal resolution agreement is submitted to the Title IX Coordinator for implementation; and
6. Sanctions agreed upon in the informal resolution agreement are implemented by the Title IX Coordinator.

The informal process may include any of the following:

• Counseling the Complainant on ways to address the Respondent directly regarding their behavior if the Complainant is comfortable doing so,
• Counseling of the Respondent by the Title IX Coordinator on changing their behavior,
• Facilitated discussion between the Complainant and Respondent,
• Mediated agreement between the Complainant and Respondent, or
• Any other informal process that is appropriate under the circumstances.

What to expect when reporting a Title IX incident to Sinclair College

• What to expect when: Reporting to the College
  Sinclair has designated the Title IX Coordinator to oversee complaints of sexual misconduct at the College. An individual who has experienced sexual misconduct has the right to choose whether to report the incident to Sinclair’s Title IX Office. The Title IX Coordinator is specially trained to work with individuals who report sexual misconduct and have knowledge about on- and off-campus resources, services, and options — including the availability of interim supportive measures and accommodations. 

• What to expect when: Reporting to Police
  Sinclair encourages individuals to report incidents of sexual misconduct to Sinclair Police or the appropriate law enforcement agency. Timely reporting to the police is an important factor in successful investigation and prosecution of crimes, including sexual violence crimes, and may lead to the arrest of an offender or aid in the investigation of other incidents. 

How can I get confidential support at Sinclair College?

Keep in mind that all College employees (including student employees) are obligated to report incidents of sexual misconduct they become aware of unless they are a Sinclair Counselor with a recognized confidentiality privilege. The only way for a student to get confidential support from Sinclair College is by contacting Sinclair’s Counseling Services Office and establish a Counselor/Client relationship. 

You may reach the Counseling Services Office by calling 937-512-3032.

• Full-time employees may contact the Sinclair Employee Assistant Program (EAP) for confidential counseling services at 800-628-9343 or 937-208-6626. 
• Part-time employees may be approved for access to the EAP program on a case by case basis by contacting the Human Resources department at 937-512-2514.

How can I help a friend who experienced sexual harassment or sexual misconduct?

If someone you know within the Sinclair community has experienced sexual misconduct, the Title IX Office can help you help them. Sometimes the most valuable advice comes from someone the individual already trusts. Whether you're a friend, colleage, parent, or concerned member of our faculty or staff, we can point you to resources that you can share, as well as provide support for you through the process.

Listen

• Confirm the person's safety by asking, "Are you safe right now?" If they say no, help them get to a safe place. Call 911 if necessary. The Sinclair Police Department can assist anyone on campus who feel unsafe.
• Provide nonjudgmental support. Your role is not to determine whether or not something occurred. Your primary responsibility is to remain supportive of the victim, while referring the person to others who are trained in providing assistance and/or intervening.

Refer

• Help the person get medical care if needed.
• Help the person consider whether to make a report with their local police department or with the Sinclair Police if the incident occurred on campus.
• Direct the person to on-campus confidential counseling if needed at 937-512-3032.
• Let the person know that they can contact the Title IX Office to request supportive measures and accommodations such as no-contact directives, adjustment of schedules, academic accommodations, security escort services, etc.

Report, as required

• All Sinclair employees, including student employees, are required to report incidents of sexual misconduct that they become aware of within working 5 days. College employees working under a license providing privilege (Sinclair Counselors) may be exempt from reporting requirements. For more information about the duty to report, see the Sinclair guidebook Sexual Harassment and Sex Discrimination Policy and Procedure.
• If you are required to report the incident, explain your reporting responsibilities to the person who has disclosed the information to you. Explain that you are a mandated reporter.  If you are able to explain options for confidential resources before receiving the disclosure, it is good to give someone a choice whether to disclose to a mandated reporter.
• If you learn information that you have to report, remember that reporting equals supporting. When you report to the College the survivor will receive rights and options to help them understand their choices. They are not obligated to proceed with any resources or processes they do not want.

If you would like more information, support, or would like to file a report of sexual harassment or other type of sexual misconduct, you may contact the Sinclair Title IX Coordinator 24 hours per day at:

Carol J. Glaser-Atkins, JD, MBA

Title IX Coordinator

444 West Third Street
Dayton, Ohio 45402
Office Phone: 937-512-2961
Campus Location: Building 7, Room 343
Email: carol.glaser-atkins@sinclair.edu or TitleIX@sinclair.edu

Confidential support: Call Sinclair’s Counseling Services Office and establish a Counselor/Client relationship 937-512-3032.