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Submitting a Report

There are several ways to report a Title IX violation:

When reporting a Title IX violation, remember the following:

  • Many offenses described in this Policy are also crimes. As such, you are strongly encouraged to consider reporting the violation to the police. Note that there does not need to be a police report or complaint in order to proceed with the university processes. In an emergency, please dial 911.
  • A report may be filed anonymously. Note that without the identity and contact information of the reporting party and/or responding party, the university's ability to investigate, obtain additional information and resolve the situation may be limited.
  • A report may be filed without identifying the offender. Note that the actions of the investigators will be limited in such cases.
  • When you submit a report, you will be asked to write down what you saw, heard and/or experienced.
  • Before discussing Title IX violations with or submitting reports to university employees, you are encouraged to ask if the employee receiving the report is a mandatory reporter. Remember that mandatory reporters are required to report allegations of Title IX violations.

Individuals experiencing harassment or discrimination also have the right to file a formal grievance with government authorities. Complaints can be sent to the Office for Civil Rights via this form or sent to:

Cleveland Office, Office for Civil Rights, U.S. Department of Education
1350 Euclid Avenue, Suite 325
Cleveland, OH 44115-1812

Phone: 216-522-4970

TDD: 800-877-8339

Email: OCR.Cleveland@ed.gov

Regarding Reports

Before submitting a report of a Title IX violation, remember the following:

Reports must be based on actual knowledge of sexual harassment or allegations of sexual harassment. Reports must be submitted to the university’s Title IX Coordinator or any official who has the authority to institute corrective measures on behalf of Ashland University. University employees (faculty and staff) are considered by the federal government to be responsible employees and are thus required to report Title IX violations to a Title IX Coordinator. Exceptions include employees who must observe strict confidential laws while exercising their roles of confidentiality (e.g., health and counseling professionals, clergy, athletic trainers and state-certified victim advocates).

Student employees are not considered responsible employees and are not required to report Title IX violations unless they work in the following areas:

  • Human Resources
  • Safety Services
  • The Office of Student and Residence Life (resident assistants and assistant residence directors only) 
  • Recreational Services (if a student employee in this area observes violations in the course of their duties, they will receive enhanced training and are thereafter considered responsible employees)

Ashland University maintains confidential records of all Title IX-related case documents and conversations. Information is shared on a need-to-know basis only with campus personnel, reporting and responding parties and legal authorities directly involved in Title IX procedures. Each case is resolved as discreetly as possible, maintaining confidentiality to the extent allowed under state and federal laws and university policy. The confidentiality of reporting and responding parties is carefully protected at all times.

Ashland University is obligated to follow up on all reported Title IX violations. Violations publicly shared in awareness gatherings (such as “Take Back the Night” programs) or social media posts through non-university hosted media are not considered reports, notices or complaints requiring a university response.

Ashland University cannot require the reporting party to discuss the matter further with other individuals (such as a Title IX Coordinator). However, incomplete information limits the university’s ability to investigate, obtain additional information and resolve the situation.

After Receiving a Report

After receiving a report of a potential Title IX violation, the university may, depending on the circumstances of the report, proceed with interim safety measures or disciplinary action up to and including temporary campus restrictions and suspension if the university believes one or more parties are at imminent risk of danger.

Meeting with a Title IX Coordinator

Once a Title IX Coordinator receives notice of a Title IX violation, they will schedule a meeting with the reporting party. During this meeting the Title IX Coordinator will ensure the reporting party’s safety and provide resources on behalf of the university. Resources may include but are not limited to interim measures such as:

  • Assistance with obtaining medical support.
  • Information regarding legal assistance.
  • Information regarding counseling and support services.

During the initial meeting, the Title IX Coordinator will also:

  • Review and offer solutions regarding an informal and/or formal process.
  • Offer an Advisor Parental notification (this is mandatory if one or both of the parties involved is a minor).
  • Review the Amnesty and Retaliation Policies.
  • Answer any questions the reporting party may have.
  • Make the reporting party aware of other resources described in this Policy.
  • Assess the need for:
    • Interim suspension of the reporting party and/or a security alert to campus.
    • Restricting the reporting and responding parties through a university “no-contact” directive.

If reasonably available, regardless of whether the reporting party moves forward with a formal investigation with or without law enforcement, the university may assist them with the following:

  • Changing living situations, including aid with obtaining emergency housing or moving into another residence facility.
  • Implementing a civil protection order.
  • Exploring options to address academic concerns, such as notifications to faculty, transfers to different class sections or independent study or requests for “Incomplete” grading for assignments.
  • Exploring options to address financial concerns and provide financial aid guidance.

During the initial meeting with the Title IX Coordinator, one of the following outcomes may occur:

  • The Title IX Coordinator determines no reasonable cause to believe the Title IX Policy was violated. In such cases, one of the following outcomes may occur:
    • The case may be referred to conduct if the reporting party is in violation of the Student Handbook.
    • The case will be closed.
  • The Title IX Coordinator determines there is reasonable cause to believe the Title IX policy was violated. In such cases, the Title IX Coordinator will begin the formal investigation process by assigning two Deputy Title IX Coordinators to be investigators.
    • The reporting party, at their discretion, may request an alternative resolution instead.
  • The reporting party chooses not to proceed with the investigation process. The reporting party may choose to end, resume or recuse her/himself from a formal investigation at any time. In such cases, the university maintains the right and responsibility to pursue an investigation with or without the reporting party’s participation if it is in the best interest of campus safety (e.g., where a pattern of violations by multiple reporting parties is established or a clear and present danger or threat of danger exists).

Investigation and Resolution

Informal Resolution Process

At the reporting party’s discretion, an informal resolution may be requested instead of a formal investigation. Informal resolutions are typically reserved for non-violent offenses such as harassment, stalking and bullying. Informal resolutions may include, but are not limited to, one or more of the following:

  • A letter to the responding party describing the reported violation, its impact on the reporting party and a demand that the behavior stop immediately.
  • A moderated dialog between parties via structured mediation, teleconference meeting or similar informal measures deemed mutually agreeable by the Title IX Coordinator and reporting party.

Any party dissatisfied with the informal process and/or resolution may request (via written statement within five business days of the attempted resolution) an alternate informal or formal process. This request will be reviewed by the Title IX Coordinator to determine the next course of action.

Formal Investigation Process

If a formal investigation begins, the Title IX Coordinator will meet with the responding party in a separate meeting and provide the same resources and assistance described in “Meeting with a Title IX Coordinator.” During the initial meeting the Responding party will be given a summary of the report and notified of the charges against them. They will have up to three business days to accept or deny the charges.

Investigation

Two Deputy Title IX Coordinators will conduct the Title IX investigation. They will notify the reporting and responding parties of the investigation in writing. Investigators will meet with the reporting and responding parties to document both perspectives, speak with witnesses and follow up with all case-related fact finding. At the end of the investigation the Deputy Title IX Coordinators will submit a draft report of their findings and discrepancies to the Title IX Coordinator. Both the reporting and responding parties will have the opportunity to read, submit requested changes and submit written questions they would like addressed during the hearing. The Hearing Administrator will determine whether questions are appropriate to be asked and will ask all questions approved for the hearing. All requested changes and written questions must be submitted 48 hours after receiving the investigation report.

Adjudication

All Title IX hearings are closed to the public. The only persons present will be the reporting and responding parties (the complainant and respondent, respectively), each party’s advocate, witnesses (while testifying), the Hearing Board Members, the Hearing Administrator, the Title IX investigators and any university staff necessary to support the Board hearing. All parties involved in a hearing are required to keep all information learned in preparation for the hearing and at the hearing private. No copies of documents provided are to be made or shared with any third parties. Any breach of this duty is subject to disciplinary action by the university.

Hearings are conducted live with both parties present and separated by partition or in separate rooms/locations via video conference.

If the complainant chooses not to present their own complaint, the Title IX Investigators will serve in the role of the complainant. Notes may be taken by the participants in the hearing solely for their personal use. There will be a single recording taken of the hearing, which shall be the sole property of the university’s Title IX Coordinator. This recording will be available for viewing only by the complainant, the respondent, each party’s advocate and the university and only for the purposes of an appeal. Copies of the recording will not be released to any party.

Both the complainant and respondent are permitted to be present for the entire hearing with the exception of the executive (or deliberation) session. Witnesses may be present only for their own testimony.

The Hearing Administrator, in consultation with the Hearing Board Members, may establish reasonable time limits, rules and formats to prove the complainant and respondent have equal opportunities to participate. The Hearing Administrator may adjourn the hearing once commenced and later reconvene the hearing in consideration of factors including, but not limited to, the unavailability of a witness, party, Hearing Administrator, Hearing Board Member or otherwise necessary personnel; inclement weather; or the order to make an evidentiary or procedural ruling.

The complainant and respondent may submit questions to witnesses or other parties in writing to the Hearing Administrator. The Hearing Administrator will determine if the question is appropriate to be asked and will ask all non-cross-examination questions. At the appointed time, advocates of each party will be given the opportunity to ask questions of the other party. The complainant and respondent are not permitted to address each other directly.

Information that was excluded or redacted from the investigative record as impermissible under these procedures or applicable law will not be admissible at the hearing.

Title IX administrative and Board meetings will follow the Student Conduct format for meetings. See the “Student Conduct” section of the Student Handbook for definitions and processes.

Typically the format of the hearing will be as follows:

  • Introductions
  • Review of procedures
  • Review of information received
  • Review of case information:
    • Investigation report by investigators
    • Questions to the investigators
    • Statements:
      • Statements by the complainant
      • Statements by the respondent
      • Statements by witnesses
  • Opportunity for cross-examination questions and responses
  • Final statements
  • Executive session
  • Announcement of findings

Statements are not meant to be a retelling of the events causing the submission of the initial report, as the timeline will be covered by investigators. Questions may be asked after each statement, first by the Hearing Board, then by the Hearing Administrator on behalf of the opposite party.

Should the respondent be an employee of the university, an investigation and adjudication as outlined earlier in this Policy shall be used.

Sanctions

View a list of violations and possible sanctions. These are general guidelines and are not prescriptive nor exhaustive. 

The Title IX Administrator or Hearing Board will determine sanctions based on the following factors:

  • The need to mitigate the risk of harm or further offense.
  • The need to restore an environment conducive to learning.
  • The need to improve the safety and security of the campus
  • Previous or repeated violations for which the respondent is or was held responsible.

Factors supporting more severe sanctions may include:

  • Repeated Title IX violations or a pattern of violations by the respondent.
  • Refusal by the respondent to comply with university directives (such as “no contact” directives).
  • The use of intimidation, retaliation or threats of violence by the respondent.
  • The use of physical violence by the respondent.
  • Whether the complainant was unconscious or incapacitated at the time of misconduct.
  • Whether the complainant is or was a minor at the time of misconduct.

Appeals

Both parties have the right to request an appeal of the decision made by the Title IX Hearing Board. Each party has five business days following the receipt of the written decision to indicate their intention to appeal. Requests for appeal, with grounds, must be submitted in writing to the Title IX Coordinator. Requests will be reviewed by the Appeal Officer, who will notify both parties of the status of the request.

Appeals to either party will be granted for the following reasons:

  • A procedural error that had bearing on the final outcome occurred.
  • Previously unavailable information that would have bearing on the final outcome has now come to light.

If an appeal is requested and granted, the Appeal Officer will request written statements from both the complainant and respondent. The Appeal Officer will review all statements, the recording of the original hearing and all associated paperwork to determine an outcome. The Appeal Officer will have 10 business days upon receipt of written statements to notify both parties of the appeal status or outcome. Decisions made by the Appeals Officer to uphold, partially uphold or deny the original outcome are final.