1.6.3 - Reporting
So that Xavier can effectively respond to Sex Discrimination, and promote a safe, nondiscriminatory environment for all community members, most Xavier employees who receive information about Sex Discrimination must report it to the Title IX Office so that Xavier can respond promptly and in compliance with all federal, state, and other applicable law. Confidential resources that are not required to report to the Title IX Office include advocates supporting individuals experiencing Sex Discrimination, mental health counselors, campus health center professionals and clergy functioning as a pastoral counselor. Individuals experiencing Sex Discrimination should review Xavier's Title IX Sexual Harassment and Interpersonal Violence Reporting and Support Options resource sheet.
126.96.36.199 Procedures for Reporting a Complaint:
The University has procedures in place that serve to be sensitive to those who report Sex Discrimination, including informing individuals about their right to file criminal charges as well as the availability of counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance and other services on and/or off campus as well as additional remedies to prevent contact between a Reporting Party and a Responding Party, such as housing, academic, transportation and working accommodations, if reasonably available. The University will make such accommodations, if the victim requests them and if they are reasonable and available, regardless of whether the victim chooses to report the crime to the XUPD or local law enforcement. Students and employees should contact Kate Lawson, Title IX and Interpersonal Violence Response Coordinator, in person at Gallagher Student Center, Room 332B, Xavier University 3800 Victory Parkway, Cincinnati, OH 45207, via telephone at 513-745-3046, or via email at firstname.lastname@example.org.
After an incident of Sex Discrimination, if applicable based on particular circumstances of situation, the victim should consider seeking medical attention as soon as possible at one of the medical facilities listed below. In Ohio, evidence may be collected even if you chose not to make a report to law enforcement. The University of Cincinnati Medical Center, Good Samaritan Hospital, and Bethesda North Hospital have certified Sexual Assault Nurse Examiners (SANE) who are specially trained to collect evidence from individuals who report having been sexually assaulted.
University of Cincinnati Medical Center (served by SANE of Butler County)
234 Goodman Street, Cincinnati, OH 45219
TriHealth Center for Abuse and Rape Emergency Services (CARES)
Bethesda North Hospital
10500 Montgomery Rd, Cincinnati, OH 45242
Good Samaritan Hospital
375 Dixmyth Avenue
Cincinnati, OH 45220-2489
As time passes, evidence may dissipate or become lost or unavailable, thereby making investigation, possible prosecution, disciplinary proceedings, or obtaining protection from abuse orders related to the incident more difficult. If a victim chooses not to make a complaint regarding an incident, they nevertheless should consider speaking with XUPD or other law enforcement to preserve evidence in the event that the victim changes their mind at a later date.
Although the University strongly encourages all members of its community to report incidents of Sex Discrimination to law enforcement (including both on and off campus), it is the victim's choice whether or not to make such a report and victims have the right to decline involvement with the police. The University will assist any victim with notifying local police if they so desire by contacting the XUPD at or the Title IX office. XUPD are sworn police officers with jurisdiction to investigate reports of Sex Discrimination that may violate criminal law and work closely with local law enforcement in investigating these offenses. The Cincinnati Police Department may also be reached directly by calling 513-765-1212 or in person at any of the District stations (see maps online at the web address below for all addresses, telephone numbers and directions to each District Station.) Norwood Police Department may be reached at 513-458-4520. Additional information about the Cincinnati Police Department and Norwood Police Department may be found online respectively at: http://www.cincinnati-oh.gov/police and http://www.norwoodpolice.org.
Victims of Sex Discrimination are strongly encouraged to promptly report the incident to the University. The University will provide resources, on campus off campus or both, that include medical, health, counseling, legal assistance, victim advocacy, and visa and immigration assistance to persons who have been victims of Sex Discrimination and will apply appropriate disciplinary procedures to those who commit those violations. The procedures set forth below are intended to afford a prompt response to charges of Sex Discrimination, to maintain confidentiality and fairness consistent with applicable legal requirements, and to impose appropriate sanctions on violators of this policy.
If a report of Sex Discrimination is reported to the University, below are the procedures that the University will follow. The standard of evidence that will be used during any student conduct hearing before the University Conduct Board (the Hearing Panel of trained individuals that hear all complaints of Title IX Sexual Harassment and Interpersonal Violence), employee conduct hearing before the Harassment Hearing Panel, or administrative decision on campus arising from such a report is preponderance of the evidence, which means it must be shown that it is more likely than not that the misconduct occurred for discipline of the Responding Party to occur.
Reporting the incident does not obligate the Reporting Party to participate in a criminal process or have the Responding Party notified, but does allow for gathering of information. Reports may be made to any of the following:
If the situation is an off-campus emergency, call 911:
- Xavier University Police - 513-745-1000 (on or near campus emergencies) or 513-745-2000 (non-emergencies), Flynn Hall, 1648 Herald Avenue, Cincinnati, OH 45207;
- Title IX Office - 513-745-3046, Gallagher Student Center, Room 332B, 3800 Victory Parkway, Cincinnati, OH 45207;
- Residence Life - 513-745-3203, Rm. 009D, Musketeer Mezzanine in Justice Hall, 3800 Victory Parkway, Cincinnati, OH 45207;
- Dean of Students - 513-745-3166, Gallagher Student Center, Room 302, 3800 Victory Parkway, Cincinnati, OH 45207;
- Center for Diversity and Inclusion, 513-745-3181, GSC 200/280, 3800 Victory Parkway, Cincinnati, OH 45207 http://www.xavier.edu/diversity-inclusion;
- Anonymous Reporting Hotline - 855-481-6238; to submit a report online, follow the link on the Audit and Risk Management's website: http://www.xavier.edu/risk-management.
188.8.131.52 Procedures if the Reporting Party or Responding Party is a Minor:
If an employee of Xavier University, who is required to report Sex Discrimination, in their professional capacity, receives information regarding a Xavier student who is a minor or a non-Xavier individual who is a minor (such as a middle school student attending a day camp at the University) experiencing Sex Discrimination (whether by a non-Xavier or a Xavier individual), the employee will follow University protocol to report that information to the Title IX Office immediately. If the employee is a mandatory reporter under Ohio Revised Code (ORC) 2151.421 and the reported behavior appears to meet ORC 2151.421(a), the employee will follow the applicable law and policies to file a report with the appropriate state child protective services agency. If the employee does not qualify as a mandatory reporter under ORC 2151.421, Title IX Office staff (who do qualify as mandatory reporters) will file that report.
ORC 2151.421(a) provides in part: “No person described…in this section who is acting in an official or professional capacity and knows, or has reasonable cause to suspect based on facts that would cause a reasonable person in a similar position to suspect, that a child under eighteen years of age, or a person under twenty-one years of age with a developmental disability or physical impairment, has suffered or faces a threat of suffering any physical or mental wound, injury, disability, or condition of a nature that reasonably indicates abuse or neglect of the child shall fail to immediately report that knowledge or reasonable cause to suspect to the entity or persons specified in this division.”
In addition, upon receiving the information from the employee, the Title IX Office will provide comprehensive information to the minor on their rights, options, and resources related to all reporting systems (e.g. Title IX Office, law enforcement). The Title IX Office will also provide information on mandatory reporter responsibilities, medical and safety services, and confidential advocacy and support services.
If the individual alleged to have engaged in the Sex Discrimination is a Xavier student or employee, the Title IX Office will follow all policies and protocols described in Xavier’s Sex Discrimination policies in the Xavier Student Handbook if the respondent is a student; and, the Harassment Code & Accountability Procedures (HCAP) if the respondent is an employee. If the minor requests that the Title IX Office do so and/or if the Title IX Office assesses there are ongoing, urgent safety or medical issues, the Title IX Office will notify the Xavier University Police Department.
If the impacted individual is a Xavier student who is a minor, all of the same steps above will be followed. In addition, the Title IX Office will inform the student of their privacy rights under the Family Educational Rights and Privacy Act (FERPA). The Title IX Office will prioritize sharing information only with individuals for whom the student provides a written release, but will discuss with the minor the type of emergency circumstances (such as those with ongoing, urgent safety and medical issues) that may result in the Office needing to share information with the minor’s parent(s)/guardian(s) and may, in such emergency situations, notify parents/guardians without the minor’s consent.
If an employee of Xavier University receives information regarding a Xavier student who is a minor engaging in Sex Discrimination, the employee will follow University protocol to report that information to the Title IX Office immediately. If the employee is a mandatory reporter under ORC 2151.421, the reported behavior appears to meet ORC 2151.421(a), and the employee has identifying information regarding the individual impacted by the conduct and that individual is a minor, the employee will follow the applicable law and policies to file a report with the appropriate state child protective services agency. If the employee does not qualify as a mandatory reporter under ORC 2151.421, Title IX Office staff will file that report.
If the individual alleged to have engaged in Sex Discrimination is a member of the University community, the Title IX Office will respond to the alleged conduct by following all policies and protocols described in Xavier’s Sex Discrimination policies in the Xavier Student Handbook if the respondent is a student and the HCAP if the respondent is an employee. The Title IX Office will inform the student of their privacy rights under FERPA and will discuss the University’s policy to inform the minor student’s parent(s)/guardian(s) of the reported information. If the Title IX Office assesses there are ongoing, urgent safety or medical issues related to the report, the office will notify the Xavier University Police Department.