Submit a report using this form. 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.
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.
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.
The Title IX regulations prohibit six types of “Title IX Sexual Harassment”:
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.
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.
Title IX Coordinator
444 West Third Street
Dayton, Ohio 45402
Office Phone: 937-512-2961
Email: TitleIX@sinclair.edu
There are six types of “Title IX Sexual Harassment” that constitute prohibited conduct under this Procedure:
See FAQs below for more details.
“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.
“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.
“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:
“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:
“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.
“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.
"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.
Retaliation under Title IX is defined as any adverse action taken against an individual for engaging in a protected activity related to Title IX complaints or proceedings. Specifically, retaliation occurs when:
It's important to note that retaliation can be committed by institutions, individuals directly involved in the complaint, or their associates. Title IX prohibits any form of retaliation against students, faculty, staff, or anyone else involved in a Title IX complaint or investigation. This protection extends to both the complainant and the accused, as well as witnesses and other participants in the process.
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.
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 is shown to be in error, will not be subject to discipline for making a false claim.
Sinclair’s decision to charge an individual with making a false statement in bad faith in the course of investigating a grievance proceeding does not constitute retaliation under Title IX.
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, there are several options for complainants and Sinclair's Title IX Office. Click here to access this flow chart to examine a flowchart of the various processes.
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
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.
A range of reasonable sanctions may be imposed, including, but not limited to:
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.
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.
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 (ext. 2700) 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.
"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.
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”).
An individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.
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.