Sexual Harassment/Misconduct Policy

Sexual harassment in any form is not permitted. "Sexual Harassment" is unwelcome conduct of a sexual nature, which can include unwelcome sexual advances, requests for sexual favors, or other verbal, nonverbal, or physical conduct of a sexual nature. It may vary in its severity and consists of a range of behaviors or attempted behaviors. Sexual misconduct/violence is one form of sexual harassment. Sexual misconduct/violence refers to physical sexual acts perpetrated against a person‘s will or where a person is incapable of giving effective consent. Because sexual misconduct often hinges upon effective consent, i.e., sexual permission, it is defined in considerable detail in terms below. Sexual violence could include, but is not limited to: non-consensual sexual contact; non-consensual sexual intercourse; forced sexual intercourse; sexual exploitation; sexual abuse; and relationship intimidation or violence. The creation of a hostile environment is another form of sexual harassment. Retaliation against someone who reports sexual harassment or participates in an investigation is strictly prohibited. Any breach of the sexual harassment policy is a violation of what we, as a Catholic and Marianist University, recognize as the dignity of each person, and it diminishes our fundamental commitment to living, learning, and working together as a just and inclusive community.

All forms of sexual harassment are discriminatory in nature and are prohibited by Title IX of the Educational Amendments Act of 1972 as well as prohibited by the University of Dayton Code of Conduct.  The University of Dayton is committed to educating all members of the community on sexual harassment and sexual misconduct. If you are interested in learning more about the educational efforts at the University of Dayton, please visit the Sexual Violence Prevention Education website.

Terms

Coercion:

Coercion exists when a person engages in threats, sexual pressuring or oppressive behavior that violates the University community’s expectation of respect for the dignity of another person by causing another person to engage in unwanted sexual activity.  Real or perceived power differentials between the individuals involved may create an atmosphere of coercion.  Coercion can be differentiated from seduction by a repetition of the coercive activity in the face of resistance, the degree of pressure applied, or the initiator’s knowledge that the pressure is unwanted.

Consent:

Effective consent has time boundaries.  Consent at one time does not imply consent at any other time.  The existence of a dating/romantic relationship between the persons involved or the fact of a previous sexual relationship does not automatically establish effective consent for future sexual activity.   There is no consent when agreement is only inferred from a person’s silence or lack of resistance; there is threat of physical force, harm or intimidation, or there is coercion.  There is no consent when the person is under the age of 16.  

Forced Sexual Intercourse

A subset of Non-Consensual Sexual Intercourse is "Forced Sexual Intercourse," which is defined as "Any sexual penetration (anal, oral, or vaginal), by any object or body part, by a person upon any other person, that occurs as a result of physical force. Sexual intercourse includes vaginal or anal penetration by a penis, tongue, finger, or object, or oral copulation (mouth to genital contact), no matter how slight the penetration or direct contact.

Hostile Environment: 

A hostile environment based on membership in a protected class exists when harassment:

  • is sufficiently serious (i.e., severe, pervasive, or persistent) and objectively offensive so as to unreasonably interfere with, deny or limit a person's ability to participate in or benefit from the University's educational programs or services, or residential programs and campus activities; or
  • when such conduct has the effect of unreasonably interfering with an individual's University employment.

Discriminatory harassment that creates a hostile environment ("hostile environment discriminatory harassment" or "hostile environment sexual harassment") violates this policy.

A hostile environment can be created by anyone involved in a University program or activity (e.g., administrators, faculty members, students, and even campus visitors or guests). Mere offensiveness is not enough to create a hostile environment. Although repeated incidents increase the likelihood that harassment has created a hostile environment, a serious incident, such as a sexual assault, even if isolated, can be sufficient.

In determining whether harassment has created a hostile environment, consideration will be made whether a reasonable person in a similar situation would have perceived the conduct as objectively offensive. Also, the following factors will be considered:

  • The degree to which the conduct affected one or more students' education or one or more individuals' employment;
  • The nature, scope, frequency, duration, and location of incident or incidents;
  • The identity, number, and relationships of persons involved;
  • Academic freedom

A hostile environment includes any situation in which there is harassing conduct that is sufficiently severe, pervasive, and objectively offensive, that it has the effect of unreasonably interfering with, denying, or limiting someone’s ability to participate in or benefit from the University’s educational program or activities.  Not all workplace or educational conduct that may be described as “harassment” affects the terms, conditions, or privileges of employment or education.  For example, a mere utterance of a gender-based epithet which creates offensive feelings in a student would not normally affect the terms and conditions of their educational environment.  Where the conduct is not severe, a pattern of conduct must be shown to establish a hostile environment.  Behaviors that may form such a pattern include but are not limited to unwelcome physical contact, unwanted sexual attention, sexually charged name calling and the use of language or the presentation of posters/banners and/or t-shirts that promotes the diminishing of a particular sex or gender.  Conduct that is not sufficiently severe or pervasive to create a hostile environment may still be actionable under other provisions of the Code of Conduct.

Incapacitation:

Incapacitation is defined as a state where someone cannot make rational, reasonable decisions because they lack the capacity to give knowing/informed consent. A person cannot consent if they are unable to understand what is happening of is disoriented, helpless, asleep or unconscious for any reason, including do to alcohol or other substances. There is not consent when someone engaging in sexual behavior know or should have known that the other person was incapacitated. Regardless of the state of the accused, the University will use the perspective of a "sober and reasonable person" in determining whether one should have known about the impact of the use of alcohol, drugs, mental illness, etc., on another's ability to give consent. Because incapacitation may be difficult to discern, the person seeking the sexual behavior is strongly encouraged to err on the side of caution; i.e., when in doubt, assume the other person is incapacitated and therefore unable to give consent.

Intimidation:

Intimidation, defined as implied threats or acts that cause an unreasonable fear of harm in another on the basis of actual or perceived membership in a protected class.

Non-Consensual Sexual Contact

Any unwelcome intentional sexual touching, however slight, with any object or body part, by a person upon another person without consent and/or force.  This includes any contact with the breasts, buttocks, groin, genitals, mouth, or other bodily orifice of another, as well as the touching of another with any of these body parts, by a person upon any person, without effective consent. Other bodily contact in a sexual manner may also constitute non-consensual sexual contact.

Non-Consensual Sexual Intercourse

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

Retaliation

Retaliation is defined as any adverse action taken against a person who is participating or participated in a protected activity (such as participating in or otherwise assisting with a University investigatory procedure); filing a complaint alleging prohibited discrimination (including harassment); or otherwise objecting to or reporting a practice that he or she reasonably and in good faith believed was in violation of the Nondiscrimination and Anti-Harassment Policy, where such adverse action is taken because of the person’s participation in that protected activity.  Retaliation involves intentional adverse action taken by a respondent or allied third party, absent legitimate nondiscriminatory purposes, that harms the individual as reprisal for reporting a violation of the Nondiscrimination and Anti-Harassment policy or participating or otherwise assisting in an investigation of an alleged violation of the policy.  Taking intentional adverse action against a respondent where the investigation found that the respondent did not violate this policy also is impermissible.  

Sexual Exploitation

Sexual exploitation occurs when a person takes non-consensual or abusive sexual advantage of another for his or her own advantage or benefit, when such behavior does not constitute one of the other sexual misconduct offenses.  Examples include, but are not limited to:

  1. Non-consensual digital, video or audio recording of sexual activity or nakedness (full or partial) or disseminating digital, video or audio recording of sexual activity or nakedness (full or partial).

  2. Stalking with a sexual or gender based component. Stalking may take many forms, including persistent calling, texting or posting on a social networking site, seeking to gather information about another (online or through others), as well as physical stalking. When the content of the messages or the nature of the physical stalking is of a sexual or gender based nature, sexual misconduct has occurred.

  3. Compelling Prostitution. Compel or induce another individual to engage in sexual activity for hire.
  4. Voyeurism. When one individual engages in secretive observation of another (or allows another to surreptitiously engage in this behavior) for personal sexual pleasure or engages in non-consensual video or audio recording of sexual acts or nakedness.  Although the person secretively viewed or recorded may be unaware of the observation, this behavior is a form of sexual misconduct and violates the dignity of the affected party(ies). 

  5. Exposure. Exposure of oneself or another person's private or intimate parts of the body (e.g., breasts, buttocks, groin, and/or genitals) in non-consensual circumstances and/or lewd manner.

  6. Administering alcohol or drugs (such as “date rape” drugs) to another person without his or her knowledge or consent.

We Encourage You to Report Any Type Of Sexual Harassment/Misconduct Incident.

Get Help.

The most important thing a victim of sexual assault can do is tell someone whether that be the police, a friend, a rape crisis center, a counselor, a family member or a staff member.  Do not isolate yourself, don’t feel guilty, don’t blame yourself and don’t just ignore it.  Sexual assault, whether by a stranger or by someone you know, is a violation of your body and your trust.  The organizations and departments listed below can provide or arrange for immediate support and response including assistance with personal safety concerns.  

Reporting

If you or someone you know has been the victim of any form of sexual harassment, by any member of the University community you are encouraged to file a formal complaint or report by contacting Amy Zavadil, the University‘s Title IX/504 Coordinator and Equity Compliance Officer, or  Christine Schramm, Dean of Students and Deputy Title IX Coordinator during regular business hours (Monday through Friday 8:30 a.m. to 4:30 p.m.). You can also report by using the electronic form found here.  Title IX is a federal law that prohibits discrimination on the basis of gender, including sexual harassment. The Equity and Compliance Office is charged with investigating all complaints of violations of the Nondiscrimination and Anti-Harassment Policy. The Title IX Investigatory procedures and protocols are described in detail at go.udayton.edu/nondiscrimination


What to do if you have been sexually assaulted:

Go to a safe place.

Tell someone.  A list of contacts is located on page 41 Your reporting options include:

  • Report to a Campus Authority: Reporting the assault to an authority who will forward your report such that action is taken to investigate.  These community members include University Police (911 or 937-229-2121), Resident Assistants, Housing & Residence Life professional staff members, administrators in the Division of Student Development or off campus law enforcement.  Note: counseling and medical assistance will be offered to any student reporting an assault.
  • Seek Counseling: Choosing not to report the assault but seeking counseling through the University Counseling Center 937-229-3141 or with a doctor in the Health Center 937-229-3131.  Note: counseling and medical assistance will also be offered to any student who chooses to report an assault to a campus authority.

Seek medical attention.  Medical attention is critical so that injuries (including internal injuries) or infections which may have resulted from the assault can be treated.  It also helps preserve evidence.  People who receive medical exams are not required to press charges.  However, hospitals are required by state law to contact the police when a sexual assault is reported to them.  They, however, are not required to share the details of the incident.  Medical attention can be sought by contacting law enforcement or by going to a local hospital.  When choosing to seek medical attention from a hospital it is important to note the following ways you can work to preserve evidence.  These include:

  • Do not wash anything (including your hands, mouth and face.)
  • Do not wash or comb your hair.
  • Do not shower or clean yourself in anyway.
  • Do not change your clothes.
  • Bring an extra set of clothes with you to the hospital.

Seek assistance from the Dean of Students office in changing existing academic and living situations in order to feel safe on campus.  The University will offer these services when made aware of an assault. 

The University of Dayton encourages students to report sexual assaults to the Police or campus authorities so that the University can take appropriate measures to provide help and to prevent future assaults. 

If a party who has experienced an incident of discrimination or harassment does not desire action by the University and would like the details of the incident to be kept confidential, but desires to confide in someone the party may speak with:

  • a counselor at the University Counseling Center 937-229-3141 (students)
  • a doctor at the Health Center 937-22903131 (students)
  • an ordained member of the clergy through Campus Ministry 937-229-3339 (students and employees)
  • a counselor through the Employee Assistance Program, www.lifeworks.com (employees)
  • off-campus local rape crisis counselors, domestic violence resources, local or state assistance agencies, ordained clergy members

University employees who fall within this category will submit anonymous statistical information for Clery Act purposes unless they believe it would be harmful to their client, patient or parishioner, but will not otherwise share the information. Confiding in someone within this category does not trigger an investigation or otherwise provide notice to the University to take action.

NON-CONFIDENTIAL REPORTING OPTIONS

All University employees, unless they fall under the "Privileged and Confidential Communications" in Section A above, have a duty to report to the Equity Compliance Office incidents or information that may indicate discriminatory or harassing behavior. See the University's Mandatory Reporting policy for the complete details of reporting obligations. Reporting parties may want to consider carefully whether they share personally identifiable details when seeking consultation as those details must be shared with the Equity Compliance Officer (or a Deputy Coordinator) if uncertain about what may require reporting. Generally, climate surveys, classroom writing assignments or discussions, human subjects research, or events such as Take Back the Night events or speak outs do not provide notice that must be reported to the Equity Compliance Officer by employees unless the reporting party clearly indicates that they wish a report to be made. When in doubt, employees should remind reporting parties of options for the confidential support or non-confidential reporting for University response and/or remedial action.

Requests for Confidentiality: If a reporting party does not wish for their name to be shared, does not with for an investigation to take place, or does not wish to pursue formal resolution, the reporting party may make such a request and the Responsible Employee is expected to share this request wit the Equity Compliance Officer. The Equity Compliance Officer will evaluate the request in light that the University's ability to remedy and respond to a reported incident may be limited if the reporting party does not what the institution to proceed with an investigation and/or the Equity Complaint Resolution Process.

In cases indicating a pattern, predation, threat, weapons, and/or other violence, the University will likely be unable to honor a request for confidentiality. In cases where the reporting party requests confidentiality and the circumstances allow the University to honor that request, the University will offer interim supports and remedies, as reasonably available, but will not otherwise pursue formal action. A reporting party has the right, and can expect, to have reports of possible misconduct taken seriously by the University, and to have those incidents reviewed, and properly investigated and resolved through the Equity Complaint Resolution procedures.

Privacy of Reporting and Processing: The University expects that privacy is protected for those reporting or otherwise involved in any complaint related to the Nondiscrimination and Anti-harassment Policy. Only a small group of officials who need to know may be told what they need to know, including but not limited to: University Policy/Public Safety, relevant Deputy Coordinator(s), members of the Threat Assessment Team, and/or staff who may need some information to coordinate remedial action. Some information will be shared as necessary with investigators, witnesses, and the responding party. The circle of people with this knowledge will be kept as tight as possible to preserve privacy. All who are made aware of details are also reminded of this privacy expectation. Complainants have the right, and can expect, to have complaints taken seriously by the University when formally reported, and to have those incidents investigated and properly resolved through these procedures. Formal Reporting still affords privacy to the complainant, and only a small group of officials who need to be know will be told. Information will be shared as necessary with investigators, witnesses, and the responding party. The people with this knowledge are charged with preserving a complainant's right and privacy to the extent reasonable in order for an adequate, reliable and impartial investigation to be conducted.

Contact Numbers for Assistance

Campus Authorities

Public Safety, 911 or 937-229-2121
Equity Compliance Officer, 937-229-3615 or azavadil1@udayton.edu 
Housing & Residence Life, 937-229-3317 (evening & late night contact can be made at any residence hall front desk)
Community Standards & Civility, 937-229-4627
Dean of Student’s Office, 937-229-1212

Campus Services

Counseling Center, 937-229-3141
Health Center, 937-229-3131
Women’s Center, 937-229-5390
Campus Ministry, 937-229-3339
Sexual Violence Prevention Education: 937-229-1217

Off Campus Assistance
Dayton Police, 937-333-2677, 335 West Third Street, Dayton, OH 45402.  Note that 911 calls are received at the University dispatch.
Montgomery County Victim Witness, 934-225-5623
Miami Valley Hospital, 937-208-8000, One Wyoming Street, Dayton, OH 45409
Kettering Hospital, 937-298-4331, 3535 Southern Blvd. Kettering, OH 45429
Artemis Center/YWCA hotline, 937-222-7233
Womanline of Dayton, 937-223-3446
Ohio Alliance to End Sexual Violence, 888-886-8388
National Domestic Violence Hotline, 800-799-7233

Important Information and Procedures

Title IX Investigatory Procedures and Protocols

Students who believe they have been subjected to discrimination or harassment in violation of the Sexual Harassment Policy should follow the procedure outlined here to report these concerns.

Students who wish to report a concern or complaint relating to discrimination or harassment by a student may do so by reporting the concern to the University Equity Compliance Officer, Amy Zavadil (phone:  937-229-3615; email: azavadil1@udayton.edu) or Deputy Coordinator, Dean Christine Schramm (phone:  937-229-1212; email: cschramm1@udayton.edu).  

The university strongly encourages anyone with a complaint involving sexual violence file a police report.

Please refer to the Nondiscrimination Resource Center for more information.

Know Your Rights.

Complainant's and Respondent's Rights

  • To be treated with respect by University officials
  • To an investigation and appropriate resolution of all reports of discrimination and/or harassment made in good faith to the appropriate University official(s);
  • To receive notification that the respondent has been officially notified of charges of violating the University's Nondiscrimination and Anti-Harassment Policy. To take advantage of campus support resources (such a Campus Ministry, the University Health and Counseling Centers for students, and Employee Assistance Program services for employees)
  • To experience a safe living, educational and work environment.
  • To have a support person of their choosing during any meeting they attend with investigators. The support person cannot be someone who may be called as a witness. The role of the support person is to serve as an advisor. The support person may be present, but is not permitted to speak/participate.
  • To decline to participate in informal resolution as the means for resolving a matter.
  • To receive amnesty for minor student misconduct (such as alcohol or drug violations) that is ancillary to the incident.
  • To be free from retaliation for complaints made, or otherwise participating in an investigation, in good faith.
  • To have complaints heard in substantial accordance with these procedures.
  • To full participation in this process, including opportunity to provide evidence, suggest witnesses, and respond to fact finding included in the investigation report.
  • To be informed of the outcome/resolution of the complaint, sanctions where permissible and the rationale for the outcome, where permissible. If the complaint involved charges of intimate partner violence (dating/domestic violence), sexual assault or stalking, this will be in writing.
  • For residential students, the ability to request housing and living alternatives, if appropriate.
  • A "no contact order," if appropriate. A no contact order is an order from a University Official to have no contact with a particular person or persons.

Contact Us

Community Standards and Civility

Gosiger Hall 227 
300 College Park 
Dayton, Ohio 45469 - 0964

937-229-4627 

Connect