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Sinclair College

Title IX Frequently Asked Questions

Report an Incident of Sexual Harassment or Sexual Misconduct

If you have any questions regarding Title IX or Sincliar's Title IX policy you can find your answers here:

How do I report a Title IX incident?

Access the Sinclair Community College Title IX page from here, and click the big red button that says “SUBMIT A TITLE IX REPORT” This button is on every page of Title IX content. A complaint or report can be made in person, by mail, by telephone, or by electronic mail, using the contact information listed on Sinclair’s website. A complaint or report can be made at any time, including during non-business days or hours.

Who can report a Title IX incident?

Students, employees, applicants for admission or employment, contractors, or visitors who think they have experienced prohibited conduct as defined in this Procedure may make a complaint to the Title IX Coordinator. Any person who thinks another person has experienced prohibited conduct as defined in this Procedure may make a report to the Title IX Coordinator.

What is Title IX?

Title IX is in the Education Amendments of 1972 and states

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.

So basically, any school that receives federal funding must enforce Title IX by protecting its students against sexual harassment or risk losing its federal funding.

What do the Title IX regulations prohibit?

The Title IX regulations prohibit six types of “Title IX Sexual Harassment”:

  1. Quid pro quo sexual harassment
  2. Unwelcome conduct sexual harassment
  3. Sexual assault
  4. Dating violence
  5. Domestic violence
  6. Stalking on the basis of sex
Who does Title IX protect?

All students and employees are protected under and subject to the guidelines of the Sinclair Title IX Sexual Harassment and Sex Discrimination Policy and Procedure.

What is the scope of the Sinclair Title IX Sexual Harassment and Sex Discrimination procedure?

This Procedure applies to the prohibited conduct that takes place within Sinclair’s educational programs or activities within the United States. For purposes of this Procedure, Sinclair’s “educational programs or activities” include locations, events, or circumstances over which Sinclair exercises substantial control over both the Respondent, and the context in which the prohibited conduct occurred. For the conduct to fall under this Procedure, the Complainant must be participating in or attempting to participate in the education program or activity of Sinclair at the time the formal complaint is filed.

What is the role of the Title IX Coordinator?

The Title IX Coordinator is responsible for overseeing the investigation of complaints under this Procedure, and monitoring/coordinating the response of other campus offices that may respond to complaints of sex-based offenses under this Procedure, including complaints of retaliation for filing a complaint on the basis of this Procedure. In addition to addressing complaints of prohibited conduct by specific individuals under this Procedure, the Title IX Coordinator also facilitates Sinclair’s response to complaints or reports that Sinclair policies or practices discriminate on the basis of sex, gender, gender identity, gender expression, or sexual orientation. The Title IX Coordinator will review such concerns and, using the appropriate procedures, including referral to other employees or offices at Sinclair, work to address the complaint or report and ensure that Sinclair’s policies and practices do not discriminate on the basis of sex. I don’t understand the highlighted section of this sentence.

How do I contact the Title IX Coordinator?

Title IX Coordinator
Deputy Title IX Coordinator
444 West Third Street
Dayton, Ohio 45402
Office Phone: 937-512-2961
Email: TitleIX@sinclair.edu

How is sexual harassment defined under the Sinclair Title IX Sexual Harassment and Sex Discrimination Procedure?

There are six types of “Title IX Sexual Harassment” that constitute prohibited conduct under this Procedure:

  1. Quid pro quo sexual harassment
  2. Unwelcome conduct sexual harassment
  3. Sexual assault
  4. Dating violence
  5. Domestic violence
  6. Stalking on the basis of sex
How does Sinclair define quid pro quo sexual harassment?

“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.

How does Sinclair define unwelcome conduct sexual harassment?

“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.

How does Sinclair define sexual assault?

“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:

  1. “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).
  2. “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.
  3. “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.
  4. “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.
  5. “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.
  6. “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.
How does Sinclair define dating violence?

“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.

How does Sinclair define domestic violence?

“Domestic violence” is conduct on the basis of sex that consists of 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/family violence laws of the jurisdiction
  • Any other person against an adult or youth victim who is protected from that person’s acts under the domestic/family violence laws of the jurisdiction
How does Sinclair define stalking?

“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.

How does Sinclair define course of conduct?

“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.

How does Sinclair define a reasonable person?

A “reasonable person” means a reasonable person under similar circumstances and with similar identities to the victim.

How does Sinclair define substantial emotional distress?

“Substantial emotional distress” means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

How does Sinclair define sex discrimination?

Sex discrimination is conduct or procedure which has the purpose or effect of restricting or denying access to opportunities, programs, or resources on the basis of sex, and is prohibited at Sinclair.

What is considered retaliation under the Sinclair Title IX Sexual Harassment and Sex Discrimination procedure?

Retaliation 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.

Do the Title IX regulations protect individuals against retaliations?

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

What is considered a false claim under the Sinclair Title IX Sexual Harassment and Sex Discrimination procedure?

A false claim is a claim made in bad faith for the purpose of making a false, malicious, or frivolous claim against another individual. An individual who makes a complaint under this Procedure in good faith, even if it may be erroneous, will not be subject to discipline for making a false claim.

Sinclair’s decision to charge an individual with making a materially false statement in bad faith in the course of a grievance proceeding under this Procedure does not constitute retaliation, provided that a determination regarding responsibility, alone, is not sufficient to conclude that any party made a materially false statement in bad faith.

How can I help a friend if I think they have experienced sexual harassment?

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

What happens after I submit a Title IX report?

The first thing that will happen is that the Title IX Office will contact the Complainant and/or the Reporter of the incident. After that, lots of different procedures can happen. Click here to access this flow chart to examine a graphic description of the process.

What resources are available to individuals who are involved in a Title IX incident?

During the investigation, all parties and witnesses may be accompanied during interviews by an advisor of their choice.

During the investigation, both the Complainant and Respondent may present statements, witnesses and other evidence to the investigator. The Reporting Person (who may or may not be the Complainant), the Complainant (if not the Reporting Person), the Respondent, and witnesses with relevant information may be interviewed as part of the full investigation. The interviews will be supplemented by the gathering of any physical, documentary, or other evidence, as appropriate and available. Follow-up interviews may be conducted by the investigator as needed. The full investigation is designed to provide a fair and reliable gathering of the facts.

Sinclair will provide an equal opportunity for the parties to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence.

Sinclair will not restrict the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence. A party’s communication with a witness or potential witness is considered part of a party’s right to meaningfully participate in furthering the party’s interests in the case, and not an “interference” with the investigation. However, where a party’s conduct toward a witness might constitute “tampering” (for instance, by attempting to alter or prevent a witness’s testimony), such conduct also is prohibited as retaliation.

Sinclair will not access, consider, disclose, or otherwise use a party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party, unless Sinclair obtains that party’s voluntary, written consent.

The parties will have an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in a Formal Complaint, including the evidence upon which Sinclair does not intend to rely in reaching a determination regarding responsibility and inculpatory or exculpatory evidence whether obtained from a party or other source. Sinclair will not consider or provide for inspection and review evidence which Sinclair knows was illegally or unlawfully created or obtained. Sinclair may impose on the parties and party advisors restrictions or require a non-disclosure agreement not to disseminate any of the evidence subject to inspection and review.

Prior to completion of the investigative report, Sinclair will send to each party and the party’s advisor, if any, the evidence subject to inspection and review in an electronic format or a hard copy, and the parties will have 10 days to submit a written response, which the investigator will consider prior to completion of the investigative report.

All evidence subject to the parties’ inspection and review will be available at any hearing to give each party equal opportunity to refer to such evidence during the hearing, including for purposes of cross-examination

How are Sinclair employees and students trained on Title IX Policy and Procedures?

Sinclair provides training on Title IX Sexual Harassment and other prohibited conduct for employees, and students. Title IX training for employees is mandatory.

The Title IX Coordinator, investigators, decision-makers, and persons who facilitate an informal resolution process receive training on the definition of sexual harassment, the scope of Sinclair’s education program or activity, how to conduct an investigation and grievance process including hearings, appeals, and informal resolution processes, and how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias. This includes how to apply the definitions with respect to consent (or the absence or negation of consent) consistently, impartially, and in accordance with this Procedure. They will also receive annual training on issues related to dating violence, domestic violence, sexual assault, and stalking and on how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability.

Investigators receive training on issues of relevance to create an investigative report that fairly summarizes relevant evidence.

Decision-makers receive training on any technology to be used at a live hearing and on issues of relevance of questions and evidence, including when questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior are not relevant.

Any materials used to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process, must not rely on sex stereotypes and must promote impartial investigations and adjudications of formal complaints of sexual harassment.

Training materials for training under this section will be made publicly available through Sinclair’s website. Published training materials will be up-to-date and reflect the latest training provided. Access Sinclair's current Title IX Training Site here.

What sanctions can be imposed on someone who is determined to be in violation of the Sinclair Title IX Sexual Harassment and Sex Discrimination Procedure?

A range of reasonable sanctions may be imposed, including, but not limited to:

  • Continuing “no contact” orders;
  • Trespass order prohibiting presence on campus, at Sinclair-owned facilities, and/or at campus activities or events;
  • Fines;
  • Required counseling;
  • Alcohol/drug assessment;
  • Restitution/Restoration, where property has been damaged/stolen or funds have been misappropriated;
  • Campus Restriction on behavior, access to certain campus facilities, participation in campus activities, housing restrictions, and/or scheduling restrictions;
  • Written apology;
  • Community Service;
  • Training or Professional Development;
  • Suspension of student;
  • Expulsion of student;
  • Written warning of employee;
  • Suspension of employee, with or without pay;
  • Termination of employment;
  • Prohibiting contractor or contractor’s employee from being on campus;
  • Cancellation of third-party contract.
  • More than one sanction may be imposed for any single violation.
Can a determination be appealed?

Either party may, within ten (10) business days, appeal the decision-maker’s determination regarding responsibility, or Sinclair’s dismissal of a formal complaint or any allegations therein. Sinclair will notify the other party in writing when an appeal is filed and implement appeal procedures equally for both parties. Both parties will have a reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome. The decision-maker for the appeal will issue a written decision describing the result of the appeal and the rationale for the result and provide the written decision simultaneously to both parties.

Will my involvement in a Title IX incident report be kept private and confidential?

Sinclair will conduct all investigations and other activities under this Procedure in a manner which protects the privacy and confidentiality of all participants to the extent permitted by law and applicable Sinclair policies.

How does Sinclair handle private information?

Student education records are protected in compliance with the federal Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g, and other applicable federal and state laws.

Access to employee personnel records is governed by Sinclair’s policies and applicable federal and state law.

Sinclair must obtain written consent from a party before Sinclair may receive any health or other treatment records. If a party provides written consent for medical or other treatment records to become part of an investigation’s case file, both parties will be able to review and comment on those records if the investigation moves towards an investigative report and possible hearing.

How does Sinclair handle confidential information?

Information received in connection with the filing, investigation, and resolution of allegations will be treated as confidential except to the extent it is necessary to disclose information in the course of the investigation, for the purposes of addressing conduct or practices that may violate the Procedure, or when required to do so by law, including but not limited to Ohio’s public records laws.

All persons involved in the process should observe the same standard of discretion and respect for the privacy of persons involved in the process.

If the complaint contains sufficiently detailed information about conduct that may constitute a crime, the matter will be reported to Sinclair Police.

Pursuant to the Clery Act (20 U.S.C. § 1092, et al.) and the 2013 Amendments to the Violence Against Women Act (42 U.S.C. § 13701 – 14040), the Title IX Coordinator will share anonymous statistical information regarding reported criminal incidents with the Sinclair Department of Public Safety for inclusion in the Daily Crime Log. Sinclair may also share aggregate and non-personally identifiable data about reports, outcomes, and sanctions as permitted or required by law.

How long does it take to investigate a Title IX report?

Sinclair will attempt to complete most investigations within 60 days from the date a formal complaint is filed. The timeframe for the overall grievance process will begin on the date a formal complaint is filed and will conclude with a written determination of responsibility. The determination will typically be issued within 30 days after the issuance of the investigation report.