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Reporting an Incident

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Confidentiality

Mercy College respects your request for confidentiality, however, the College may not be able to grant that request if:

  • The incident indicates that there is a threat to the community, at large, or to another individual.
  • The request for confidentiality limits the College’s ability to investigate and determine the risks associated with incident.

Example of when confidentiality can not be ensured:

  • A student reports that he was told by another student that she was sexually assaulted by her friend (another student).
  • The College must further investigate (speak to the individual who was assaulted) this issue in order to protect the rest of the community and make sure the individual who was assaulted is not enduring more harassment or violence.
  • If you are the only person who the student has told, then she would deduce that you provided the information.

Notice of an incident does not mean a formal investigation will ensue. With the reporting party, it is the responsibility of the Title IX Coordinator/Deputy Coordinator to gather information about an incident and determine the depth of the investigatory process.

Employee Reporting Obligations

All Mercy College employees are required to report knowledge of Sexual Harassment to the Title IX Coordinator or Deputy Title IX Coordinator, except employees bound by confidentiality (professional counselors and clergy). This should occur within twenty-four hours.

Ohio law requires all employees with knowledge of a felony to report it to law enforcement. All college personnel shall report conduct prohibited by the College’s Civil Rights/Nondiscrimination Policy (109) and this Sexual Harassment grievance procedure to the Title IX Coordinator.

Amnesty for Reporting

To encourage reporting on the part of students, victims of Sexual Harassment will not be charged with alcohol, drug and most other policy violations related to their efforts to seek assistance.

Confidential Employees

Licensed counselors, licensed medical professionals, and clergy are “confidential employees.” Confidential employees are not required to disclose identifying information, unless there is a threat to the community.

Prohibition Against Retaliation

No individual involved in a report or formal complaint alleging a violation of this policy or participating in the investigation or adjudication of such a complaint shall be subject to Retaliation.

Any acts of retaliation, as defined in this policy, shall be grounds for disciplinary action, up to and including dismissal for students and termination for faculty and staff.

Retaliation is defined as intimidation, threats, coercion, or discrimination against any individual for the purpose of interfering with any right or privilege secured by Title IX and its implementing regulations or because an individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this policy.

Criminal Reporting Procedures

Reporting to Public Safety and/or the local police is an option at any time following a sexual violence or assault incident. If the victim chooses not to report to the police immediately, he/she can still make the report at a later time. However, with the passage of time, the ability to gather evidence to assist with criminal prosecution may be limited. Depending on the circumstances, the police may be able to obtain a criminal restraining order on the victim’s behalf.

Health/Counseling/Clergy

The individual may choose to seek advice and assistance from physicians, psychotherapists, professional counselors, clergy, sexual assault and domestic violence counselors and advocates, including individuals who work or volunteer for them.

Civil Lawsuits

The Complainant may choose to file a civil lawsuit against the Respondent, whether or not criminal charges have been filed. A civil lawsuit provides the Complainant the opportunity to recover actual damages, which may include compensation for medical expenses, lost wages, pain, suffering, and emotional distress.

Protective Orders

The Complainant may choose to obtain a protective or restraining order. Restraining orders must be obtained from a court in the jurisdiction where the incident occurred. Restraining orders can protect victims who have experienced or are reasonably in fear of sexual violence or assault, including domestic violence, dating violence or stalking. The Title IX Coordinator/ Deputy Title IX Coordinator can offer assistance with obtaining a protective or restraining order.

Clery Act

The College is obligated to report any incidents of sexual violence or assault on its annual crime statistics under the Clery Act. The College, under this Act, is also obligated to issue a timely warning when an incident of sexual violence or assault has occurred.

Non-reporting

The individual is strongly encouraged to report any incident of sexual violence or assault to the police and/or the College’s Title IX Coordinator/Deputy Title IX Coordinator so that steps may be taken to protect the College community. However, non-reporting is also an option

Emergency Removal and Administrative Leave

At any time after receiving a report of Sexual Harassment, the Title IX Coordinator may, after consultation with appropriate College officials, remove a student Respondent from the College’s education programs and activities on an temporary basis if an individualized safety and risk analysis determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of Sexual Harassment justifies removal. In the event the Title IX Coordinator imposes an interim removal, the Title IX Coordinator must offer to meet with the Respondent within twenty-four hours and provide the Respondent an opportunity to challenge the emergency removal. Such meeting may, at the sole discretion of the Title IX Coordinator, include other College officials.

In the case of a Respondent who is a non-student employee (administrator, faculty, or staff), and in its discretion, the College may place the Respondent on administrative leave at any time after receiving a report of Sexual Harassment, including during the pendency of the investigation and adjudication process.

For all other Respondents, including independent contractors and guests, the College retains broad discretion to prohibit such persons from entering onto its campus and other properties at any time, and for any reason, whether after receiving a report of Sexual Harassment or otherwise.

Investigation

Upon receipt of a report of Sexual Harassment, the Title IX Coordinator will conduct a preliminary assessment to determine:

  • Whether the conduct, as reported, falls or could fall within the scope of the policy; and
  • Whether the conduct, as reported, constitutes or could constitute Sexual Harassment.

If the Title IX Coordinator determines that the conduct reported could not fall within the scope of the policy, and/or could not constitute Sexual Harassment, even if investigated, the Title Coordinator will close the matter. The Title IX Coordinator may refer the report to other College offices, as appropriate.

If the Title IX Coordinator determines that the conduct reported could fall within the scope of the policy, and/or could constitute Sexual Harassment, if investigated, the Title IX Coordinator will proceed to contact the Complainant to discuss Supportive Measures and explain the process of pursuing a Formal Complaint.

Formal Complaint

After the written notice of Formal Complaint is transmitted to the parties, the Title IX Coordinator or an investigator selected by the Title IX Coordinator (“investigating officer”) will undertake an investigation to gather evidence relevant to the alleged misconduct, including inculpatory and exculpatory evidence. The investigating officer will conduct interviews with the Complainant, Respondent, and witnesses. The investigating officer will also collect any non- testimonial evidence including, physical and electronic and will preserve evidence in a manner that protects the quality of the evidence. The burden of gathering evidence sufficient to reach a determination in the adjudication lies with the College and not with the parties.

Equal Opportunity

The College will conduct a prompt, fair, and thorough investigation of all Formal Complaints. During the investigation and any related adjudication, the Complainant and Respondent shall have equal rights, including:

  • Respect, dignity, and sensitivity throughout the process.
  • An equal opportunity for the parties to be interviewed, to present witnesses (including fact and expert witnesses), and to present other inculpatory and exculpatory evidence.
  • Similar and timely access to all information considered by the investigating officer.
  • Equal opportunity to review any statements or evidence provided by the other party.
  • Equal access to review and comment upon any other information independently developed by the investigating officer. This includes the right to review the investigation report and provide comments on it, if desired, before a hearing.
  • The right to receive written notice in advance of any meetings or hearings so that they have sufficient time to prepare for meaningful participation.

Advisor of Choice

Both the Complainant and Respondent may ask a support person/advisor to accompany him or her at all stages of the process. The advisor may be, but is not required to be, an attorney.
Except for the questioning of witnesses during the hearing, the advisor will play a passive role and is not permitted to communicate on behalf of a party, insist that communication flow through the advisor, or communicate with the College about the matter without the party being included in the communication. The support person/advisor must agree to maintain the confidentiality of the process.

In the event a party is not able to secure an advisor to attend the hearing and requests the College to provide an advisor, the College will provide the party an advisor, without fee or charge, who will conduct questioning on behalf of the party at the hearing. The College will have sole discretion to select the advisor it provides. The advisor the College provides may be, but is not required to be, an attorney.

Please review the full Sexual Harassment Policy for more detailed information on the Investigation Process.

Preponderance of Evidence

The College will use a “Preponderance of Evidence” standard in determining responsibility of sexual misconduct.

Rights of the Parties

During the course of the investigation and resolution of a complaint, the complainant and respondent shall have equal rights, including:

  • Equal opportunity to identify and have considered witnesses and other relevant evidence.
  • Similar and timely access to all information considered by the investigating officer.
  • Equal opportunity to review any statements or evidence provided by the other party.
  • Equal access to review and comment upon any other information independently developed by the investigating officer.
  • The respondent will be prohibited from questioning or seeking evidence about the complainant’s prior sexual conduct with anyone other than the alleged perpetrator. (This includes clarifying the evidence of a prior consensual dating or sexual relationship between the parties by itself does not imply consent or preclude a finding of sexual misconduct.)
  • Both a complainant and a respondent may ask a support person/advisor to accompany him or her at all stages of the process. The support person/advisor does not serve as an advocate on behalf of the complainant or respondent may not be actively involved in any proceedings, and he or she must agree to maintain the confidentiality of the process. Mercy College reserves the right to dismiss a support person/advisor who is disruptive or who does not abide by the limitations in the previous sentence.

If the investigation reveals that a violation has occurred, the matter will be adjudicated as outlined in the College’s Grievance/Adjudication Procedure.