Sexual Misconduct Policy
Lorain County Community College is committed to a consistent effort in maintaining an environment free of sexual misconduct (any unwelcome behavior of a sexual nature that is committed without consent or by force, intimidation, coercion, or manipulation), and sex discrimination based on gender, gender identity, or sexual orientation. Sexual misconduct in any form will not be tolerated and is prohibited.
In its goal to create an environment for all students, employees and visitors which is fair, non-discriminatory, and free of coercion, the College has adopted this policy as the basis for education in the College community and complaint resolution. Students, employees, and visitors shall comply with the prescribed behavior set forth in Policy II-412 Code of Conduct as these policies may intersect. This policy is also applicable to all third parties affiliated with the College. Third parties are neither employees nor students and can include, but are not limited to, consultants, vendors, contractors, board members, etc.
Sexual misconduct is a form of discrimination in violation of this policy and Title VII of the Federal Civil Rights Act of 1964 (as amended), Title IX of the 1972 Educational Amendments and Section 4112 of the Ohio Revised Code. Sexual misconduct has the potential of threatening an individual’s academic performance, economic livelihood, career advancement, psychological, and total well-being and is prohibited by this policy.
Students, LCCC employees and visitors at the College have a right to an environment free of sexual misconduct, not only by persons in positions of power, but by any LCCC employee, student, visitor, or third party. Sexual misconduct constitutes a serious threat to the free interaction and exchange necessary for educational and personal development. Sexual misconduct is a serious offense which could lead to dismissal and/or termination from the College and criminal charges being filed with the local law enforcement authority having jurisdiction.
Notice of Nondiscrimination
The College shall practice no discrimination on the basis of race, color, creed, religion, national origin, ancestry, sex, marital status, child-bearing status, age, disability, sexual orientation, or gender identity and/or expression in providing educational programs and activities, or work opportunities. The following persons have been designated to handle inquiries regarding the non-discrimination policies:
Title IX Coordinator
College Center 209
Keith Brown- Lead Title IX Coordinator
College Center 209
For further information on notice of non-discrimination, visit http://wdcrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfm for the address and phone number of the office that serves your area, or call 1-800-421-3481.
Dating relationships between faculty and their students, or between supervisors and their staff or student employees, are prohibited. Such consensual relationships unfairly exploit power differences, violate the respect and trust given someone in authority and may subtly, and even inadvertently, pressure those in the more vulnerable position. Mutual consent relationships will not automatically provide immunity if a complaint of sexual misconduct is filed.
Title IX Coordinator Responsibilities
A complaint of sexual misconduct should be filed with the Title IX Coordinator within 180 days of the most recent incident. Reporting incidents of sexual misconduct is highly encouraged and a transparent, fair, and equitable process is employed to resolve such complaints.
The Title IX Coordinator’s role will be to investigate claims of sexual misconduct by a student, employee, community member, or third party occurring on College property including LCCC Outreach Centers or while attending any event/function sponsored by the College. The Title IX Coordinator will contact local law enforcement as needed or directed, help individuals file formal reports, and obtain counseling if necessary. Complaints involving minors will be immediately referred to the local law enforcement authority having jurisdiction. The Title IX Coordinator will also ensure annual dissemination and public availability of this policy to all campus community members, visitors, third parties, and prospective students.
Sexual Misconduct Investigating Principles
In the investigating of complaints of sexual misconduct, the following principles will be adhered to:
- Each complaint will be handled on an individual, case by case basis.
- The investigation will be conducted as adequately, reliably, and impartially as possible.
- In investigating complaints of sexual misconduct, to the extent possible, confidentiality will be afforded to the complainant and accused.
- This policy strictly prohibits any type of retaliation toward an individual bringing forth a complaint of sexual misconduct.
- The complaint will be resolved in a manner which is consistent with this policy and also prompt and equitable to all parties concerned.
- Throughout the process, all parties will be treated with respect, dignity, and sensitivity.
Process for Handling a Sexual Misconduct Complaint
The process outlined below shall provide guidance to any College employee that responds to a report of sexual misconduct. The process is designed to provide flexibility in dealing with the wide range of incidents which fall under the term “sexual misconduct” and are intended to be prompt, fair, and equitable. The process is intended to be responsive to the particular situation at hand and is formal or informal as the allegations under review dictate. A preponderance of evidence standard will be used to determine if a violation of Policy II-412 (Code of Conduct) occurred.
Any individual who is seeking information concerning sexual misconduct or the complaint procedures should contact the Title IX Coordinator who will provide the requisite information and procedures.
Should any individual wish to confidentially discuss a sexual misconduct allegation, he or she may go directly to the Counseling Office. Crisis Counselors are licensed mental health professionals and most conversations had with them are considered privileged and confidential communications. In most cases, they are not required to disclose any personally identifiable information about the complainant to College officials. Initial discussions should not make reference to the name of any accused person unless the complainant is ready to file a formal complaint and proceed with an investigation.
Options for Filing a Formal Complaint
Should any individual wish to formally discuss and file a sexual misconduct complaint, he/she may go directly to a Title IX Coordinator, the Campus Security Office, the Human Resources Office, Women’s Link, or Student Life. Complaints can also be submitted online by using the link http://www.lorainccc.edu/report. The complaint will be submitted to the Title IX Coordinator who will initially discuss the matter with the complainant to ascertain, as fully as possible, the reliability of the allegations and the scope of the problem.
Investigating a Formal Complaint
Once the complaint has been filed, the Title IX Coordinator will:
- Consult with the complainant;
- Consult with the respondent;
- Discuss with appropriate persons suggested by the complainant and respondent who may have knowledge of the situation and may be of assistance in establishing the facts;
- Review any other evidence presented by the complainant and respondent; and,
- Prepare an investigative report within a prompt and reasonable period of time, typically within 30 business days.
The investigative report will be submitted to the appropriate Vice President(s) for administrative action within seven (7) business days of completion of the report. A copy of the administrative action will be provided to the complainant(s), respondent(s), Title IX Coordinator, and unit administrator. Investigative reports involving a student, as either complainant or respondent, will be forwarded to the Coordinator of Code of Conduct for possible Code of Conduct sanction in accordance with Procedure II-412 (Code of Conduct). Other appropriate entities as mandated for compliance (i.e. National Science Foundation, National Junior College Athletic Association, Accrediting bodies, etc.) will be notified if the investigation determines a finding.
If the party involved is not satisfied with the decision made by the appropriate Vice President, he or she may appeal, in writing, to the President. The appeal must be filed within seven (7) business days of notification of the appropriate Vice President’s decision.
The President will review the appeal and respond, in writing, to all parties (respondent, complainant, the Title IX Coordinator, unit administrator, and appropriate Vice President(s)) concerning his or her disposition of the appeal. This must be done within ten (10) business days after receiving the appeal.
Bystander Intervention: Safe and positive options that may be carried out by an individual or individuals to prevent or stop an act of sexual misconduct. Any campus community member that observes or is made aware of an incidence of sexual misconduct is strongly encouraged to report the matter immediately to any College employee or to the Campus Security Office. If the campus community member decides to intervene, some safe intervention options can include:
- Using appropriate and available means to immediately notify the College of the misconduct.
- Recruiting the assistance of others around you.
- Asking someone to contact Campus Security or call 9-1-1.
- Maintaining a safe distance at all times.
Coercion: Occurs when a person intimidates, tricks, forces, or manipulates someone into engaging in sexual activity without the use of physical force. Perpetrators may also use threats of violence, blackmail, drugs, and/or alcohol to coerce someone into sexual activity.
Consent: Voluntary, positive agreement between participants to engage in specific sexual activity.
Domestic Violence: A pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner. Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.
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 consideration of the following factors: the length of the relationship; the type of relationship; and the frequency of interaction between the persons involved.
Incapacitation: The inability, temporarily or permanently, to give consent, because an individual is mentally and/or physically helpless, unconscious, or unaware that the sexual activity is occurring. This may or may not be due to alcohol or other drugs.
Rape: Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
Retaliatory Actions: Any adverse action taken against a person for making a good faith report of misconduct or participating in any proceeding.
Risk Reduction: Approaches that seek to mitigate risk factors that may otherwise increase the likelihood of perpetration, victimization, or bystander inaction.
Sexual Assault: Any type of sexual contact or behavior that occurs without the explicit consent of the recipient. Falling under the definition of sexual assault are sexual activities such as child molestation, incest, fondling, and attempted rape.
Sexual harassment: Any unwelcome sexual advance, request for sexual favors and other verbal, non-verbal, written, electronic or physical conduct of a sexual nature when:
- Submission to such conduct is made either explicitly or implicitly as a term or condition of instruction, employment or participation in any other Lorain County Community College activity;
- Submission to, or rejection of, such conduct by an individual is used as a basis for evaluation in making academic or personnel decisions affecting that individual; or
- Such gender based conduct has the purpose or effect of substantially interfering with an individual’s performance or creating an intimidating, hostile or offensive working and learning environment.
Sexual harassment may include, but is not limited to, the following types of behavior:
- Sexually oriented verbal kidding or use of nicknames, insults, images, electronic communications, or explicit remarks of a sexual or gender-oriented nature.
- Use of intimidating teaching techniques such as required role playing about sexually implicit or explicit situations.
- Physical contact(s) such as pinching, touching, kissing or brushing against another’s body.
- Sexual advance(s) with the threat of punishment for non-compliance or with promise of reward for compliance.
- Physical assault(s) of a sexual nature.
Stalking: A pattern of repeated and unwanted attention, harassment, contact, or any other course of conduct directed at a specific person that would cause a reasonable person to feel fear for his/her safety or for the safety of those around him/her or suffer substantial emotional distress.
Institutional Protective Measures and Resources
In an effort to provide a safe learning and working environment, prevent recurrence of acts of misconduct and remedy its effects, institutional protective measures and support mechanisms will be made available to complainants and respondents. College officials will assist with any class schedule adjustment(s) deemed necessary. In addition, College officials will also enforce On-Campus No Contact Orders or orders of protection prohibiting communication (in person, via telephone, text message, social media, etc.) amongst all parties. For anyone requiring additional measures, the Campus Security Office will provide parking accommodations in a designated parking lot, safety escorts to and from class, and assist in facilitating changes in working conditions on campus. Additionally, for complainants or respondents requiring mental health assistance, the services offered through the Counseling Office will be made available. Employees requiring mental health assistance may contact the Human Resources Office for information regarding the Employee Assistance Program (EAP) or other available mental health services.
Other resources of information and support include the following offices:
Library/Community Resource Center LC 106
Department Extension 4053 (440-366-4053)
Emergency Extension 4444 (440-366-4444)
Campus Security email firstname.lastname@example.org
Business Building BU 113 D
Department Extension 4848
Library/Community Resource Center LC 1st Floor
Department Extension 4033
College Center CC 234
Department Extension 4058
College Center CC 206
Department Extension 4036
Business Building BU 113
Department Extension 4035
Code of Conduct Range of Sanctions
Anyone found in violation of the College’s sexual misconduct policy or Ohio law is subject to disciplinary sanctions, as identified in Policy and Procedure II-412 (Code of Conduct), up to and including suspension, probation, dismissal, expulsion, termination, and prosecution. Additional sanctions can include:
- Disciplinary probation;
- Interim Suspension;
- Disciplinary Suspension;
- Mandatory Psychological Evaluation and Treatment;
- Fine/Monetary Restitution;
- Restitution for damages;
- Work/Service Restitution;
- Attendance at workshops;
- Educative/rehabilitative program referral;
- Behavior Contract;
- On Campus No Contact Order;
- Involuntary Medical Withdrawal.
Prevention, Education, and Training
The College is committed to ensuring that all campus community members understand how to respond to reports of sexual misconduct. To that end, all new students and all new employees will be offered educational programs, informational sessions, and resource materials in preventing, responding to, and raising awareness of sexual misconduct. Other ongoing education efforts will include:
- Understanding sexual misconduct.
- Recognizing warning signs of abusive behavior and risk reduction.
- Understanding safe bystander intervention options.
- Knowing what resources are available on campus.
- Understanding available reporting options.
In an effort to ensure Title IX Coordinators are adequately trained to respond to, investigate, or adjudicate incidences of sexual misconduct, training for Title IX Coordinators shall be conducted annually and will consist of attending conferences and seminars, participating in educational webinars, receiving training from locally available resources, and networking with national, regional, and local higher education institutions for best practices.
External Resources and Support
Law Enforcement Agencies
Lorain County Sheriff
North Ridgeville Police
Genesis House Domestic Violence Shelter Lorain County
Lorain County Board of Mental Health
1-800-888-6161 24/7 Emergency Crisis Line
Ohio Crisis Text Line
Text “4HOPE” to 741 741
Legal Aid Society of Cleveland
LGBT Community Center of Greater Cleveland
1-800-888-6161 24/7 Emergency Crisis Line
National Sexual Assault Hotline
Filing a Complaint with an External Agency
Persons who believe they have been subjected to sexual misconduct may be able to file a complaint with the Ohio Civil Rights Commission, the U.S. Equal Employment Opportunity Commission, or the U.S. Department of Education’s Office for Civil Rights. Information regarding filing charges with any of the agencies may be obtained from the agency directly or from the College’s Title IX Coordinator.
Approved March 18, 1993; revised and effective June 25, 1998; substantial rewrite, revised and effective March 22, 2018. Replaces Policy and Procedure II-320 Sexual Harassment. Policy to be reviewed annually.