If the reporting party and/or responding party provides any information about alcohol/drug use associated with the reported case, Ashland University will not pursue conduct charges on said substance use. The reporting party(ies) would fall under the amnesty of Title IX protection.

Bullying is defined as repeated and/or severe aggressive behavior likely to intimidate or intentionally hurt, control or diminish another person, physically or mentally. Bullying will fall under Title IX when the reported behavior is sex or gender-based.

Consent is sexual permission. Consent can be given by word or action, as long as those words or actions create mutually understandable clear permission regarding willingness to engage in (and the conditions of) sexual activity. Incapacity can result from a variety of circumstances, including alcohol, drugs, mental disability, sleep, involuntary physical restraint, or from the taking of rape drugs. Possession, use and/or distribution of date rape drugs, including Rohypnol, Ketomine, GHB, Burundanga, etc. is prohibited, and administering one of these drugs to anyone is a violation of this policy. In order for individuals to engage in sexual activity of any type with each other, there must be clear, knowing and voluntary consent prior to and during sexual activity.

Consent to some form of sexual activity cannot be automatically taken as consent to any other form of sexual activity. Silence--without actions demonstrating permission--cannot be assumed to show consent.

Consent can also be negated (making consent not possible) due to a variety of factors. The following are examples of circumstances that negate consent:

• Age- In order to give effective consent, one must be of legal age (16yrs in the State of Ohio).
• Coercion- Coercion is unreasonable pressure for sexual activity. When someone makes clear by words or actions that they do not want to have sex, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive. Coercive behavior differs from seductive behavior based on the type of pressure someone uses on another. Factors to consider in analyzing whether consent did not exist due to coercion, include, but are not limited to, the frequency of requests, the intensity of requests, the persistency and duration of requests, and isolation of the alleged reporting party.
• Force - Force is the use (or threat) of physical violence on someone to gain sexual access. Sexual activity that results from actual or threatened physical force is non consensual.
• Incapacitation- Incapacitation is a state where someone cannot make rational, reasonable decisions because they lack the capacity to give knowing consent (e.g., to understand the “who, what, when, where, why or how” of their sexual interaction). Any time sexual activity takes place between individuals, those individuals must be capable of controlling their physical actions and be capable of making rational, reasonable decisions about their sexual behavior. Sexual activity with someone who one knows to be mentally or physically incapacitated constitutes a violation of this policy. Actual knowledge of incapacitation is not required when, based on the circumstances, a reasonable person should have known that the person was incapacitated. l, drugs, mental disability, sleep, involuntary physical restraint, or from the taking of rape drugs. Possession, use and/or distribution of date rape drugs, including Rohypnol, Ketomine, GHB, Burundanga, etc. is prohibited, and administering one of these drugs to anyone is a violation of this policy.

May include acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex-stereotyping, even if those acts do not involve conduct of a sexual nature.

Any act that treats someone unfavorably because of that person’s gender and interferes with that person’s opportunity to participate in an educational activity or University employment.

Hazing is defined as acts likely to cause physical or psychological harm or social ostracism to any person within the university community, when related to the admission, initiation, pledging, joining, continued membership, or any other group-affiliation activity, regardless of whether voluntary or involuntary. Hazing will fall under Title IX when the reported behavior is sex or gender-based.

The exposure of the private or intimate parts of the body in a lewd manner in public or in private premises when the responding party may be readily observed.

A pattern of abusive behaviors used to exert power and control over a current or former partner. It can include emotional, sexual, verbal or economic actions, or physical threats of violence. Acts may include any behaviors that intimidate, isolate, manipulate, humiliate, coerce, frighten, blame or hurt someone. It can happen to anyone, regardless of race, sexual orientation, age, education, religion, etc.

There is often a pattern or repeated cycle of violence, starting with the first instance of abuse. Pattern behaviors to be aware of are:

• Tension Building: Relationship begins to get strained or tense between partners.
• Explosion: Outburst that includes verbal, emotional, or physical abuse.
• Honeymoon: Apologies where the abuser tries to reconnect with his/her partner by shifting the blame onto someone or something else.

Intimidation is defined as implied threats or acts that cause an unreasonable fear of harm in another. Intimidation will fall under Title IX when sex or gender-based.

Any intentional sexual touching, with any body part or object by any person upon any person without consent.

Any sexual penetration (anal, oral, or vaginal), however slight, with any body part or object by any person upon any person without consent.

The prior sexual history of a reporting or responding party will never be used to establish character or reputation. Questions about a party’s sexual history with anyone other than the other party involved will not be permitted unless directly relevant to the specific facts or evidence in the current matter. Moreover, evidence related to the prior sexual history of either of the parties is generally not relevant to the determination of a Policy violation and will be considered only in limited circumstances. 

For example, if the existence of consent is at issue, the sexual history between the parties may be relevant to help understand the manner and nature of communications between the parties and the context of the relationship, which may have bearing on whether consent was sought and given during the incident in question. However, even in the context of a relationship, consent to one sexual act does not, by itself, constitute consent to another sexual act, and consent on one occasion does not, by itself, constitute consent on a subsequent occasion. In addition, prior sexual history may be relevant to explain the presence of a physical injury or to help resolve another question raised by the report. The Title IX Coordinator will determine the relevance of this information, and both parties will be informed if information of prior sexual history is deemed relevant.

When a person causes another to believe that he or she must submit to unwelcome sexual conduct in order to participate in a school program, or activity.  It can also occur in an employment setting.

The University will not tolerate retaliation in any form against any faculty, staff, student, or volunteer who files an allegation, serves as a witness, assists a reporting party, or participates in an investigation of a Title IX violation. University policy and state and federal law prohibit retaliation against an individual for reporting discrimination, sexual misconduct or harassment, or for participating in an investigation. Retaliation is a serious violation that can subject the offender to sanctions independent of the merits of the allegation. Allegations of/or questions about retaliation should be directed to a Title IX Coordinator.

Taking non-consensual, unjust or abusive sexual advantage of another. Examples of sexual exploitation include, but are not limited to:

• Invasion of sexual privacy;
• Prostituting another person;
• Non-consensual video or audio-taping of sexual activity;
• Going beyond the boundaries of consent (such as letting your friends hide in the closet to watch you having consensual sex);
• Engaging in voyeurism; Knowingly transmitting an STI or HIV to another student;
• Exposing one’s genitals in non-consensual circumstances; inducing another to expose his/her genitals;
• Sexually-based stalking and/or bullying may also be forms of sexual exploitation.

Sexual harassment is federally defined as conduct on the basis of sex that satisfies one or more of the

following:

a) A school employee conditioning education benefits (i.e. course grades, athletic playing time, etc.) on participation in unwelcomed sexual conduct (i.e., quid pro quo ); or

b) Unwelcomed conduct that a reasonable person would determine is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the school’s educational program or activity; or

c) Sexual assault (as defined by the Clery Act), dating violence, domestic violence, or stalking as defined in the Violence Against Women Act (VAWA). See definitions below.

 (Source: U.S. Department of Education, 34 CFR Part 106, Aug 14, 2020)

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.

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 laws

of the jurisdiction in which the crime of 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.

 (Source: U.S. Department of Education, 34 CFR Part 106, Aug 14, 2020)

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.

 (Source: U.S. Department of Education, 34 CFR Part 106, Aug 14, 2020)

(Considered a Title IX violation if offense is sex or gender-based)

1. Threatening or causing physical harm, extreme verbal abuse, or other conduct which threatens or endangers the health or safety of any person;
2. Discrimination, defined as actions that deprive other members of the community of educational or employment access, benefits or opportunities on the basis of sex or gender.