Report an Incident of Sexual Harassment or Sexual Misconduct
"Actual Knowledge" is notice of sexual harassment or allegations of sexual harassment provided to Sinclair’s Title IX Coordinator, or any Sinclair official who has authority to institute corrective measures on behalf of Sinclair.
An individual who is alleged to be the victim of conduct that could constitute Title IX Sexual Harassment.
Clear verbal or non-verbal communication, freely and actively given, that is mutually understood as willingness to participate in a sexual activity and the conditions of the sexual activity. An individual may withdraw consent for further sexual activity at any time with clear communication to the other party. An individual’s consent to one sexual activity cannot be seen as consent to other sexual activity. Consent cannot be given by a person who has not reached an age under state law by which they are permitted to consent, by individuals with a developmental or cognitive disability that prevents them from having the capacity to consent, and individuals who are incapacitated. If consent cannot be given by an individual, sexual activity with that individual is considered to be without consent, even if the person appears to have given consent. Silence or failure to resist does not constitute consent. Consent cannot be obtained through force, threat of force, fraud, or coercion. Consent for previous sexual activity between the parties does not constitute consent for future sexual activity.
“Dating violence” is conduct on the basis of sex that consists of violence committed by a person who is or has been in a romantic or intimate relationship with the Complainant. The existence of such a romantic or intimate relationship is determined by the length of the relationship, the type of relationship, and the frequency of interactions between the individuals involved in the relationship.
"Domestic violence” is conduct on the basis of sex that consists of a felony or misdemeanor crime of violence committed by:
A document filed by a Complainant or signed by the Title IX Coordinator alleging sexual harassment and/or other forms of sexual misconduct against a Respondent and requesting that Sinclair investigate the allegations. Formal complaints must be filed in order to pursue either an informal resolution process or a formal grievance process.
The state of being unconscious, asleep, or under the influence of drugs and/or alcohol to such an extent that the person cannot appreciate the nature or consequences of their actions. Incapacitated individuals cannot give consent. Note that incapacitation/incapacity is not a defense to Title IX Sexual Harassment or other conduct prohibited by Sinclair policies.
Both the individual lodging a complaint of harassment (“complainant”) and the individual about whom the complaint is made (“respondent”).
“Quid pro quo sexual harassment” is conduct on the basis of sex where a Sinclair employee conditions the provision of an aid, benefit, or service of Sinclair on an individual’s participation in unwelcome sexual conduct.
Retaliation by Sinclair or any member of the Sinclair community is prohibited. Any member of the Sinclair community who commits retaliation will be subject to prompt and appropriate disciplinary action.
For purposes of this Procedure retaliation means intimidation, threats, coercion, or discrimination against any individual for the purpose of interfering with any right or privilege secured by this Procedure, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any investigation, proceeding, or hearing provided for in this Procedure.
Retaliation also includes intimidation, threats, coercion, or discrimination, in connection with charges against an individual for violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination or sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX or this Procedure.
The exercise of rights protected under the First Amendment of the United States Constitution does not constitute retaliation prohibited by this provision.
“Sexual assault” is conduct on the basis of sex that is defined as a forcible or non-forcible sex offense, or attempted forcible or non-forcible sex offense, as classified under the Uniform Crime Reporting system of the FBI. This includes six separate categories, each of which is considered a form of sexual assault:
“Rape” is the carnal knowledge of a person, without the consent of the Complainant, including instances where the Complainant is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity. Carnal knowledge is defined as the slightest penetration of the sexual organ of the female (vagina) by the sexual organ of the male (penis).
“Sodomy” is oral or anal sexual intercourse with another person, without the consent of the Complainant, including instances where the Complainant is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity.
“Sexual Assault with an Object” is the use of an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of the Complainant.
“Fondling” is the touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the Complainant, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity.
“Incest” is sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law. In Ohio, Section 3101.01(A) of the Ohio Revised Code provides that individuals nearer of kin than second cousins may not marry.
“Statutory rape” is sexual intercourse with a person who is under the statutory age of consent. In Ohio, section 2907.02(A)(1)(b) of the Ohio Revised Code provides that no person may have sex with a child under the age of thirteen. Section 2907.04(A) of the Ohio Revised Code provides that no person over the age of eighteen may have sex with a child under the age of sixteen.
There are six types of “Title IX Sexual Harassment” that constitute Prohibited Conduct under this Procedure:
“Stalking” is conduct on the basis of sex that consists of 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 purposes of the definition of Stalking under this Procedure:
“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.
A “reasonable person” means a reasonable person under similar circumstances and with similar identities to the victim.
“Substantial emotional distress” means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
“Unwelcome conduct sexual harassment” is conduct on the basis of sex that is unwelcome and determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the recipient’s education program or activity.