HCAP

Xavier University Harassment Code and Accountability Procedures

Welcome to Xavier University's online Harassment Code and Accountability Procedures (HCAP). The HCAP is available in its entirety on this website and can be accessed via the links below. A printer friendly version of the HCAP is available.

For more information or questions regarding the HCAP, please contact the Office of Human Resources at (513) 745-3638.

1. Introduction

1.1 Purpose

Individuals who believe they have been harassed, individuals charged with harassment, and individuals with knowledge of situations in which harassment may exist should consult the Xavier University Harassment Code and Accountability Procedures (HCAP).

To encourage persons to come forward, the University provides several channels of communication, information, and both informal and formal complaint resolution procedures. Persons or groups who believe they are victims of such an action are encouraged to report the incident to the appropriate University authority. All complaints are considered serious and are handled through the informal or formal complaint resolution procedures as described below. Disciplinary action will be taken in all cases where there is a finding of responsibility through a formal procedure.

This HCAP is only part of Xavier University's effort to prevent harassment in our community. In addition to spelling out steps for making and resolving complaints, the University is also committed to programs of education to raise the level of understanding concerning the nature of harassment and ways to prevent its occurrence.

To the extent any provision of this HCAP conflicts with another Xavier policy or procedure, the language of this HCAP shall take precedent over the other conflicting statement. If a faculty member is found responsible for violating the HCAP through the formal HCAP procedures the recommended sanctions will be applied through the appropriate process outlined in the Faculty Handbook.

1.2 Applicability of the HCAP

This HCAP applies to the "University Community" which includes all persons who are enrolled at or employed by Xavier University while they are on campus or are participating in a University-related off- campus activity, except where noted. Additionally, all others present on the Xavier campus or participating in a University-related off- campus activity are expected to observe the policies outlined herein.

The HCAP applies when an employee (including contracted employees employed by the University) is accused of violating Xavier's harassment policies by a student, employee, contracted employee, or third party (i.e. visitor to campus). An individual is considered an employee for purposes of the HCAP on the first day the individual begins working at Xavier. In addition, Xavier reserves the right to take the steps, under the HCAP and/or other relevant University policy, the University assesses may be necessary and appropriate to respond to conduct of individuals who may not yet have started their first day of employment, but that may be affiliated with the University (e.g., an individual with an offer letter, independent contractor).

The Xavier Student Handbook applies when a student is accused of violating Xavier policy by a student, employee, contractor employed by the University or third party (i.e. visitor to campus).

This HCAP is subject to change as deemed appropriate by the University. Notice of changes to this HCAP will be provided to all persons to whom it applies through the campus portal, email system or by some other method reasonably intended to reach all members of the University Community. The University will strive to provide this notice of changes within a reasonable period of time after the changes have been made.

The official version of this HCAP is located on the Xavier University website. This is a living document, which will be reviewed and updated.

Statement on Harassment

2.1 Position Statement on Harassment

Xavier is committed to eliminating barriers that impede learning and research development and to establishing and maintaining diverse human relationships essential to living harmoniously in a global society. Xavier is creating and implementing educational and development initiatives through the discovery and transmission of knowledge in order to establish and maintain diverse human relationships essential to living harmoniously in a global society. Therefore, it is essential that members of the University Community function effectively and justly when exposed to ideas, beliefs, values, personal characteristics, and cultures different from their own. Incidents of harassment jeopardize the proper functioning of the Xavier Community and therefore the University takes all claims of harassment seriously.

Xavier community members and third parties who have experienced or are experiencing harassment by a Xavier employee are encouraged to bring them to the attention of Affirmative Action Officer , Office of Human Resources, Alumni Center Room 132, 3800 Victory Parkway, Cincinnati, Ohio 45207-5400, 513-745-3638. For complaints of Sex Discrimination (including Title IX Sexual Harassment (Section 4.2.1) and Interpersonal Violence (Section 4.2.2) Xavier community members and third parties are encouraged to bring them to the attention of Xavier's Title IX and Interpersonal Violence Response Office (hereinafter “Title IX Office”), Gallagher Student Center 332, 3800 Victory Parkway, Cincinnati, Ohio 45207-5400, 513-745-3046.

The HCAP and Related Laws

3.1 Title VII of the Civil Rights Act of 1964

This law provides that, "No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance...." Xavier University does not discriminate, exclude from participation in, or deny benefits of its educational programs, admission policies, activities, or employment policies and opportunities that would be violative of Title VII. Individuals complaining of any type of discrimination or harassment outlined above are encouraged to bring them to the attention of the University via one of the following resources:

Affirmative Action Officer, Human Resources, Alumni Center, Room 132, 3800 Victory Parkway, Cincinnati, Ohio 45207-5400, 513-745-3638.
For Sex Discrimination complaints, Xavier's Title IX and Interpersonal Violence Response Coordinator, Gallagher Student Center 332, 3800 Victory Parkway, Cincinnati, Ohio 45207-5400, 513-745-3046.
When a student is accused of engaging in discrimination or harassment, the Dean of Students, Gallagher Student Center, Room 302, 3800 Victory Parkway, Cincinnati OH 45207-2120, 513-745-3166.

3.2 Title IX of the Education Amendments Act of 1972

This law provides that, "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance...." This includes protection from sexual harassment, sexual violence, domestic violence, dating violence, and stalking as well as discrimination and harassment based on an individual’s status as pregnant or parenting. In accordance with Title IX, Xavier University does not discriminate, exclude from participation in, or deny benefits of its educational programs, admission policies, activities, or employment policies and opportunities on the basis of gender. Xavier's Title IX Office monitors compliance with this law and coordinates Xavier's response to complaints of discrimination based on sex, including assisting reporting parties in receiving any medical, mental health or other services and facilitating any interim protective measures that may be warranted. Inquiries concerning the application of Title IX and Xavier’s Title IX policies may be referred to Xavier's Title IX and Interpersonal Violence Response Coordinator (hereinafter “Title IX Coordinator”):

Kate Lawson, Gallagher Student Center Room 332B,
3800 Victory Parkway, Cincinnati, Ohio 45207-2120,
513-745-3046, lawsonk1@xavier.edu

Or

Office of Civil Rights, Cleveland Office,
U.S. Department of Education, 600 Superior Avenue East,
Suite 750, Cleveland, OH 44114-2611,
216-522-4970, OCR.Cleveland@ed.gov

Individuals who have experienced and/or who have knowledge of Title IX Sexual Harassment and Interpersonal Violence will find all Xavier University policies on reporting, Xavier's response, and comprehensive resources for individuals impacted by these issues in this HCAP.

3.3 Clery Act

Federal law, known as the Clery Act, mandates reporting and disclosure procedures for higher education institutions. The Clery Act requires every institution to provide the campus community with information necessary to make informed decisions about their health and safety. The Clery Act specifically mandates every institution to do the following:

(1) have emergency notification and evacuation procedures;

(2) issue timely campus alerts for crimes that represent an
ongoing threat to the safety of students or employees;

(3) keep a crime and fire log;

(4) collect crime reports from campus security authorities;

(5) request crime statistics from local law enforcement;

(6) submit crime and fire statistics to U.S. Department of
Education;

(7) publish an annual security report and fire safety report.

For more information on the Clery Act see 10U.S.C. Section 1092 or http://www2.ed.gov/admins/lead/safety/handbook.pdf.

3.4 Section 504 of the Rehabilitation Act

This law provides that, "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance..." Examples of Sex Discrimination include, but are not limited to, sexual harassment, sexual assault, dating violence, domestic violence, stalking, and discriminating against an individual based on her status as pregnant.

This law provides that, "No otherwise qualified individual with a disability in the United States...shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance...." Xavier University does not discriminate against qualified individuals with disabilities in its educational programs, admissions policies, activities, or employment opportunities and policies. Individuals complaining of any type of discrimination or harassment outlined above are encouraged to bring them to the attention of the University via one of the following resources:

Affirmative Action Officer, Alumni Center, Room 132,
3800 Victory Parkway, Cincinnati, Ohio 45207-5400,
(513)-745-3638


The Dean of Students, Gallagher Student Center,
Room 302, 3800 Victory Parkway, Cincinnati OH 45207-2120,
(513)-745-3166.

3.5 Americans With Disabilities Act of 1990, As Amended

This law recognizes and protects the civil rights of people with disabilities. Disability discrimination includes not making a reasonable accommodation to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, barring undue hardship. Xavier does not discriminate against qualified individuals with disabilities in the context of employment and public accommodations, if any. Inquiries regarding disability discrimination may be directed to Affirmative Action Officer, Alumni Center Room 132, 3800 Victory Parkway, Cincinnati, Ohio 45207-5400, (513)-745-3638, or the Equal Employment Opportunity Commission 131 M Street, NE Washington DC, 20507, 202-663-4900, 1-(800)-669-4000, http://www.eeoc.gov/.

3.6 Violation of Law and University Policy In General

The University reserves the right to initiate or proceed with the HCAP process, regardless of any pending criminal investigation, charges, arrest, or prosecution arising out of the same or a related factual situation. At the discretion of the Affirmative Action Officer, or designee (with respect to faculty, staff and administrators) or the Dean of Students, or designee (with respect to students), and in consultation with the Title IX Coordinator in matters involving Sex Discrimination, the HCAP process may be carried out prior to, simultaneously with, or following any related criminal matter.

The dismissal, failure to prosecute, "no bill" from a grand jury, settlement or reduction in charges of any related criminal matter shall not be grounds for a challenge to any HCAP matter.

For additional information related to HCAP matters that are also Student Conduct matters, see the Student Handbook at Section 1.1.5.

3.7 University Response to Police Citations Issued to Members of the University Community

The HCAP process may also be instituted by Xavier when information is received from the Xavier University Police Department, the Cincinnati Police Department, the Norwood Police Department, or other police entities, about misdemeanor or criminal citations that have been issued to a member of the University Community.

3.8 Independent Legal Counsel

While the role of an attorney throughout the HCAP process is limited by the terms of this HCAP, individuals involved in HCAP matters that may also be criminal matters are encouraged to seek legal counsel. The Cincinnati Bar Association has a referral service and can be contacted at 513-381-8359 or further information can be found at http://www.cincybar.org/news-resources/find-lawyer/index.

In matters involving complaints of Sex Discrimination, the Complainant and Respondent may have an advisor of their choice (including an attorney) in any related meeting or hearing. Additional information on the role of the advisor of choice in Title IX Sexual Harassment matters may be found at Section 4.7.1.4.5 Title IX Sexual Harassment Hearing Procedures and in Interpersonal Violence matters, Section 5.9.7. Harassment Panel Hearing Procedures.

Harassment Policy

4.1 Nature of Prohibited Conduct

4.2 Sex Discrimination

            4.2.1 Title IX Sexual Harassment

            4.2.2 Interpersonal Violence

            4.2.3 Important Definitions for Understanding Title IX Sexual Harassment and Interpersonal Violence

            4.2.4 Applicable Federal, State, and Local Laws

4.3 Duty to Report Sex Discrimination

4.4 Reporting Sex Discrimination at Xavier University

4.5 Sex Discrimination Response and Recovery

4.6. Prevention of Sex Discrimination

4.7 Sex Discrimination Complaint Resolution Process

            4.7.1 Title IX Sexual Harassment Response and Complaint Resolution Process

            4.7.2 Interpersonal Violence Response and Complaint Resolution Process

4.1 Nature of Prohibited Conduct

4.1.1 Definition of Harassment at Xavier University

4.1.2 Duty to Report Harassment Not Sex Discrimination

4.1.3 Confidentiality of Harassment Complaints

4.2 Sex Discrimination at Xavier University

For the purposes of this HCAP, Sex Discrimination includes the following:

If the report received contains allegations of more than one type of prohibited Sex Discrimination and the Title IX Office assesses one or more of those allegations fall under Xavier’s Title IX Sexual Harassment and one or more fall under Xavier’s Interpersonal Violence policies: 

The University issues this statement of policy to inform the community of our comprehensive plan addressing Sex Discrimination when reported to a University official, and reaffirms its commitment to maintain a campus environment emphasizing the dignity and worth of all members of the university community.

This information applies to reports of conduct that may constitute prohibited Title IX Sexual Harassment as well as conduct that may constitute prohibited Interpersonal Violence, which described conduct that falls outside of Title IX Sexual Harassment, but is still prohibited and will be addressed by the University.

Xavier University defines the forms of Sex Discrimination it prohibits in this HCAP and the Student Handbook. Many of these forms of Sex Discrimination are also violations of Ohio criminal and/or civil law. Below are Xavier's definitions and policies, followed by Ohio legal definitions. The criminal and civil law list here is not intended to be exhaustive and this material should not be relied upon as legal advice or guidance regarding these offenses. In addition, the types of misconduct prohibited by this HCAP may be broader than state law and some prohibited conduct may not rise to the level of violating criminal or civil law. Xavier strives to ensure that its policies are followed and initiate the procedures outlined to address alleged misconduct regardless of whether a police report is filed about that misconduct and/or whether a criminal investigation is pursued. For complete information of state law, please see the Ohio Revised Code at http://codes.ohio.gov/orc/.

4.2.1 Prohibited Title IX Sexual Harassment

Title IX defines Sexual Harassment as conduct on the basis of sex that satisfies one or more of the following: 

  1. An employee of Xavier University conditioning the provision of an aid, benefit, or service of Xavier on an individual’s participation in unwelcome sexual conduct
  2. Unwelcome conduct that would be determined by a reasonable person to be so severe, pervasive, and objectively offensive that is effectively denies a person equal access to a Xavier education program or activity; or
  3. Sexual Assault is defined as:
    1. Sex Offenses, Forcible: Any sexual act directed against another person, without the consent of the complainant, including instances in which the complainant is incapable of giving consent because of incapacitation.
    2. Forcible 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 complainant.
    3. Forcible Sodomy: Oral or anal sexual intercourse with another person, forcibly, and/or against that person’s will (non-consensually), or not forcibly or against the person’s will in instances in which the complainant is incapable of giving consent because of incapacitation.
    4. Sexual Assault with an Object: The use of an object or instrument to penetrate, however slightly, the genital or anal opening of the body of another person, forcibly, and/or against that person’s will (non-consensually), or not forcibly or against the person’s will in instances in which the complainant is incapable of giving consent because of incapacitation.
    5. Forcible Fondling: The touching of the private body parts of another person (buttocks, groin, breasts), for the purpose of sexual gratification, forcibly, and/or against that person’s will (non-consensually), or not forcibly or against the person’s will in instances in which the complainant is incapable of giving consent because of incapacitation.
    6. Sex Offenses, Non-forcible:
      1. Incest: Non-forcible sexual intercourse, between persons who are related to each other, within the degrees wherein marriage is prohibited by Ohio law.
      2. Statutory Rape: Non-forcible sexual intercourse, with a person who is under the statutory age of consent of 16. 
  4. Dating Violence is defined as:
    1. Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.
      1. The existence of such a relationship shall be determined based on the Complainant’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
    2. Including, but not limited to, sexual or physical abuse or the threat of such abuse.
    3. Does not include acts covered under the definition of domestic violence.
  5. Domestic Violence is defined as a felony or misdemeanor crime of violence committed:
    1. by a current or former spouse or intimate partner of the victim
    2. by a person with whom the victim shares a child in common
    3. by a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner
    4. by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred
    5. by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.
  6. Stalking is defined as engaging in a course of conduct directed at a specific person that would cause a reasonable person to
    1. fear for the person’s safety or the safety of others; or
    2. suffer substantial emotional distress. 

In accord with Federal law and regulations, conduct can only be considered Sexual Harassment under Title IX if: 

Under Title IX, a covered education program or activity includes locations, events, or circumstances over which Xavier exercised substantial control over both the Respondent and the context in which the sexual harassment occurs. The Title IX and Interpersonal Violence Response Coordinator is responsible for assessing whether the education program or activity of the reported conduct is covered by Title IX.

4.2.2 Prohibited Interpersonal Violence

Interpersonal Violence is a broad term encompassing any unwelcome act of a sexual, intimate, and/or romantic nature perpetrated by any person against another without that person's Consent or when that person is unable to freely give Consent or is Coerced. Interpersonal Violence occurs regardless of whether there was intent to harm another. While Interpersonal Violence is similar in many respects to Title IX Sexual Harassment described in Section 4.2.1 above, this Section 4.2.2 addresses conduct that is not within the confines of Title IX Sexual Harassment, such as, but not limited to, conduct of a student that occurs off-campus.

Interpersonal Violence can involve physical, verbal, and/or electronic contact or conduct (e.g., offensive sexual words, comments, gestures, videos or pictures). It can occur between people of different genders or people of the same gender, or between an individual and a community of people. It can occur before or after consensual sexual activity.

Retaliation by any University employee against a person complaining of Interpersonal Violence is prohibited.

The following types of Interpersonal Violence are prohibited by the Xavier University's HCAP and Student Handbook.

4.2.2.2 Public Indecency- Masturbating or flashing/exposing breasts or genitals to others in a public and/or uninvited manner. It also includes engaging in an activity in public appearing to an ordinary observer to be sexual conduct or masturbation.

4.2.2.3 Stalking- A pattern of conduct by a person with a sexual, romantic or gender-based motivation that causes or is intended to cause another person to believe that the offender will cause physical harm or mental distress to the other.

4.2.2.4 Sexual Exploitation- Occurs when one person takes non-consensual or abusive sexual advantage of another for their own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of other Interpersonal Violence offenses. Examples of sexual exploitation include, but are not limited to:

4.2.2.4 Sexual Assault (or attempts to commit the same) 

Sexual Assault is: 

Sexual Contact includes: 

4.2.2.5 Rape (or attempts to commit same)

Rape is: 

Intercourse includes:

4.2.2.6 Domestic Violence is defined as:

OR

Domestic violence can include but is not limited to physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person.

Abusive behavior can be spoken, written, or physical. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.

Individuals of all sexes and gender identities can perpetrate domestic violence and can be victims of domestic violence. Domestic violence can be perpetrated by and against individuals who identify as heterosexual, lesbian, gay, bisexual, and/or transgender, and crosses all social, ethnic, racial, age, and economic lines.

4.2.2.7 Dating Violence is defined as:

OR

Dating violence can include but is not limited to physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person.

Abusive behavior can be spoken, written, or physical. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.

Individuals of all sexes and gender identities can perpetrate domestic violence and can be victims of domestic violence. Domestic violence can be perpetrated by and against individuals who identify as heterosexual, lesbian, gay, bisexual, and/or transgender, and crosses all social, ethnic, racial, age, and economic lines.

4.2.2.8 Interpersonal Violence- Other – An employee may be found responsible for "Interpersonal Violence - Other" if their actions meet the definition of this type of misconduct but do not meet the definition of any particular type of Interpersonal Violence listed in this section.

4.2.3 Important Definitions for Understanding Title IX Sexual Harassment and Interpersonal Violence

4.2.3.1 "Coercion" or “Coerced” means:

Real or perceived power differentials between individuals also may create an atmosphere of Coercion that can significantly impair a person's ability to Consent.

4.2.3.2 "Consent" means:

Consent is invalidated when it is forced, Coerced, or when a person is physically and/or mentally incapable of giving Consent. For example, a person who is substantially impaired by drugs or alcohol may not be able to give Consent. Some signs of substantial impairment may include, but are not limited to, loss of balance/inability to walk without stumbling, slurred speech, inability to focus their vision, vomiting, erratic or extreme behavior, knowledge of person's significant use of drugs or alcohol, or passing out.

Consent is an active, on-going process. It can be withdrawn at any time, and Consent for one sexual act does not imply Consent for another subsequent sexual act. Consent, a lack of Consent or a withdrawal of Consent can be expressed by words, actions, or both. For example, verbal silence or the absence of physical resistance does not automatically mean someone has consented to a sexual activity; nor is physical resistance required for a person to verbally communicate a lack of Consent or to withdraw Consent.

In reviewing an allegation of sexual misconduct, Consent is a critical factor in determining whether there is a violation of this policy. Although all parties must give their Consent to any sexual act and it is the best practice for both partners to be responsible for confirming that they have obtained the other's Consent; it is the responsibility of the person initiating the sexual activity to obtain Consent from the other.

Title IX Sexual Harassment or Interpersonal Violence Hearing Panels (Sections 4.7.1.4.3 and 5.9.7. Harassment Panel Hearing Procedures) may examine the issue of Consent from a variety of perspectives, including whether the Respondent believed he or she had obtained Consent and whether a reasonable person would have believed that he or she had obtained Consent. Although neither perspective is outcome- determinative for every case, individuals are strongly advised to be mindful of and conduct themselves according to the reasonable person standard and to avoid any ambiguity in obtaining and giving Consent. Respondent's use of alcohol or other drugs will not function to excuse any behavior that violates this policy.

4.2.4 Applicable Federal, State, and Local Laws

Xavier's HCAP Sections 4.2.1 and 4.2.2 provides definitions of Title IX Sexual Harassment and Interpersonal Violence prohibited by the University. Ohio has separate and distinct criminal definitions of these types of conduct as does the federal Violence Against Women Act (VAWA) and the US Code. The Ohio criminal law definitions are not the same definitions used Xavier’s HCAP. Xavier’s Clery Compliance Officer must utilize the VAWA and US Code definitions to help classify crimes for Clery crime counting and reporting purposes only.

Students and employees have the right to report behavior to both the University and request a response under the University’s internal policies, and to law enforcement to request a response under the criminal law. The definitions below are taken from applicable federal and state criminal law.

4.2.4.1 Consent

Consent is defined in Ohio state criminal statutes and provides that no person shall engage in sexual conduct with another when the offender purposely compels the other person to submit by force or threat of force. No person may substantially impair another person's judgment or control by administering any drug, intoxicant, or controlled substance to the other person surreptitiously or by force, threat of force, or deception for the purposes of preventing resistance to sexual conduct. No person may engage in sexual conduct with another person whose ability to resist or consent is substantially impaired because of a mental or physical condition or because of advanced age, and the offender knows or has reasonable cause to believe that the other person's ability to resist or consent is substantially impaired because of a mental or physical condition or because of advanced age.

4.2.4.2 Sex Offenses General Definitions (ORC 2907.01)

As used in sections 2907.01 to 2907.38 of the Revised Code:
• "Sexual conduct" means vaginal intercourse between a male and female; anal intercourse, fellatio, and cunnilingus between persons regardless of sex; and, without privilege to do so, the insertion, however slight, of any part of the body or any instrument, apparatus, or other object into the vaginal or anal opening of another. Penetration, however slight, is sufficient to complete vaginal or anal intercourse.

4.2.4.3 Rape (ORC 2907.02)

(1) For the purpose of preventing resistance, the offender substantially impairs the other person's judgment or control by administering any drug, intoxicant, or controlled substance to the other person surreptitiously or by force, threat of force, or deception.

(2) The other person is less than thirteen years of age, whether or not the offender knows the age of the other person.

(3) The other person's ability to resist or consent is substantially impaired because of a mental or physical condition or because of advanced age, and the offender knows or has reasonable cause to believe that the other person's ability to resist or consent is substantially impaired because of a mental or physical condition or because of advanced age.

4.2.4.4 Sexual Battery (ORC 2907.03)

4.2.4.5 Unlawful Sexual Conduct with a Minor (ORC 2907.04)

4.2.4.6 Gross Sexual Imposition (ORC 2907.05)

4.2.4.7 Sexual Imposition (ORC 2907.06)

4.2.4.8 Domestic Violence (ORC 2919.25 Criminal)

  1. No person shall knowingly cause or attempt to cause physical harm to a family or household member.
  2. No person shall recklessly cause serious physical harm to a family or household member.
  3. No person, by threat of force, shall knowingly cause a family or household member to believe that the offender will cause imminent physical harm to the family or household member.

Ohio has a different definition of Domestic Violence applied in civil legal contexts (also separate from Xavier’s HCAP policies):

Domestic violence definitions - hearings (Civil)
As used in this section: "Domestic violence" means the occurrence of one or more of the following acts against a family or household member:

  1. Attempting to cause or recklessly causing bodily injury;
  2. Placing another person by the threat of force in fear of imminent serious physical harm or committing a violation of section 2903.211 or 2911.211 of the Revised Code;
  3. Committing any act with respect to a child that would result in the child being an abused child, as defined in section 2151.031 of the Revised Code;
  4. Committing a sexually oriented offense.

4.2.4.9 Dating Violence

Dating violence is not specifically defined in Ohio state criminal statutes; however, Dating Violence is one form of prohibited Title IX Sexual Harassment (Section 4.2.1) as well as one form of Interpersonal Violence (Section 4.2.2) prohibited by Xavier.  The definition that must be utilized for Clery purposes is below at Section 4.2.4.1.2.

4.2.4.10 Menacing by Stalking (ORC 2903.211)

(1) No person by engaging in a pattern of conduct shall knowingly cause another person to believe that the offender will cause physical harm to the other person or cause mental distress to the other person.
(2) No person, through the use of any electronic method of remotely transferring information, including, but not limited to, any computer, computer network, computer program, or computer system, shall post a message with purpose to urge or incite another to commit a violation of division (A) (1) of this section.
(3) No person, with a sexual motivation, shall violate division (A) (1) or (2) of this section.

4.2.4.11 Felonious Assault (OCR 2903.11)

No person shall knowingly do either of the following:
(1) Cause serious physical harm to another or to another's unborn;
(2) Cause or attempt to cause physical harm to another or to another's unborn by means of a deadly weapon or dangerous ordnance.
• No person, with knowledge that the person has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome, shall knowingly do any of the following:
• Engage in sexual conduct with another person without disclosing that knowledge to the other person prior to engaging in the sexual conduct;
• Engage in sexual conduct with a person whom the offender knows or has reasonable cause to believe lacks the mental capacity to appreciate the significance of the knowledge that the offender has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome;
• Engage in sexual conduct with a person under eighteen years of age who is not the spouse of the offender.

4.2.4.12 Violence Against Women Act and the US Code Definitions

The following definitions are taken from the Violence Against Women Act and the US Code are the definitions used by Xavier's Clery Compliance Officer to classify crimes for counting purposes.

Sexual Assault: "Sexual assault" means an offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI's Uniform Crime Reporting system. A sex offense is any act directed against another person, without the consent of the victim, including instances where the victim if incapable of giving consent, and includes:

Domestic Violence:

1) Felony or misdemeanor crimes of violence committed

2) For the purposes of complying with the requirements of this section and section 668.41, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.

Dating Violence: The term ''dating violence'' means violence committed by a person:

1) Who is or has been in a social relationship of a romantic or intimate nature with the victim and

2) The existence of such a relationship shall be based on the Complainant's statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

For the purposes of this definition-

For the purposes of complying with the requirements of this section and section 668.41, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.

Stalking: The term "stalking" means:

1) Engaging in a course of conduct directed at a specific person that would cause a reasonable person to

2) For the purposes of this definition

3) For the purposes of complying with the requirements of this section and section 668.41, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.

4.3 Duty to Report Sex Discrimination

All Xavier employees (including certain identified student employees) who have knowledge of potential Sex Discrimination (including conduct that may constitute Title IX Sexual Harassment and Interpersonal Violence) experienced and/or reported by a student, staff, faculty, administrator or visitor must report all information learned to the Title IX Office so that it can respond promptly and in compliance with all federal, state, and other applicable law. Confidential resources on campus that are not required to report to the Title IX Office include Xavier's Advocacy and Prevention Coordinator, mental health counselors, physicians, and nurses at Xavier’s Health and Counseling Services, mental health counselors at the Psychological Services Center, and clergy functioning in the role of a pastoral counselor.

Xavier employees are trained on (1) identifying what constitutes Sex Discrimination (2) Xavier's policies addressing Sex Discrimination (3) the role of Xavier's Title IX Office (4) their obligation to report knowledge of Sex Discrimination (5) conduct procedures and the consequences for violating Xavier's policies and standards (6) informing individuals about how to report Sex Discrimination and (7) sharing on and off-campus confidential and non-confidential resources for individuals experiencing Sex Discrimination.

Anyone who perceives an imminently dangerous situation should immediately report the situation to the Campus Police.

Once the Title IX Office is on notice of a potential Sex Discrimination complaint, in consultation with the Complainant regarding their wishes, it will conduct an investigation and facilitate Xavier's Sex Discrimination complaint resolution process.

4.3.1 Procedures if the Complainant or Respondent 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.

4.4 Reporting Sex Discrimination at Xavier University

The University informs individuals about their right to file criminal charges and 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 Complainant and Respondent, 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 Xavier University Police Department, local law enforcement, or to pursue a complaint under Xavier's internal complaint resolution process. All inquiries related to Sex Discrimination should be directed to Xavier's Title IX and Interpersonal Violence Response Coordinator, Gallagher Student Center, Room 332, Xavier University 3800 Victory Parkway, Cincinnati, OH 45207, 513-745-3046.

If an individual has been the victim of any form of Sex Discrimination, that person is strongly encouraged to report the incident promptly to the Title IX Office, Xavier University Police, and/or local law enforcement. If a victim desires to speak to a confidential resource they should contact Xavier's Advocacy and Prevention Coordinator (for Xavier students) or a local organization serving victims of these crimes (for students and employees) (see below for list of confidential resources with contact information).

Reports can be made to any of the following resources below. If an individual is unsure about what they want to have happen in response to the report, they should speak with a confidential resource first to help ensure that they understand all of their options, rights, and understand all confidentiality considerations (see Xavier's Title IX Sexual Harassment and Interpersonal Violence Reporting and Support Options resource sheet.

An individual has to right to report Sex Discrimination to University employees and/or to Xavier University Police and/or local law enforcement. Xavier University has an obligation to respond to a report of Sex Discrimination under these HCAP procedures regardless of whether an individual makes a police report or pursues a criminal remedy.

REPORTING RESOURCES

CONFIDENTIAL SUPPORT AND ADVOCACY RESOURCES

4.4.1 Confidentiality of Sex Discrimination Reports

4.5 Sex Discrimination Response and Recovery

After an incident of Sex Discrimination the victim should consider seeking medical attention as soon as possible at one of the medical facilities listed below. In Ohio, if an individual has experienced Sexual Assault or Rape, evidence may be collected even if the person chooses not to make a report to law enforcement. The University of Cincinnati Health SANE Program has certified Sexual Assault Nurse Examiners (SANE) who are specially trained to collect evidence from men and women who have been sexually assaulted. See below for contact information:

Although the University strongly encourages all members of its community to report violations of this policy to law enforcement, 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. Xavier University Police Department are sworn police officers with jurisdiction to investigate reports of sexual assault, rape, dating violence, domestic violence, and stalking 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.) Additional information about the Cincinnati Police Department may be found online at: http://www.cincinnati-oh.gov/police/. The Norwood Police Department may be reached directly by calling 513-458-4520. Additional information about the Norwood Police Department may be found online at: http://norwoodpolice.org/.

Xavier supports those striving for recovery after Sex Discrimination regardless of whether the Sex Discrimination has been reported to Xavier or local law enforcement. Each individual's experience is unique and recovery may go through many stages. Accordingly, Xavier seeks to connect any employee or student affected by Sex Discrimination with a broad network of recovery information and resources both on and off campus. This may include, but is not limited to, crisis intervention/emergency psychological care; hospital and justice system advocacy; educational groups; workshops; individual and counseling; peer education; volunteer opportunities; and collaboration with peers, administration, and family.

Resources for victims of Sex Discrimination include:

On-Campus Resources
Resource Address/Location on Campus Phone Number
Office of Human Resources Alumni Center, Room 132 513-745- 3638
Xavier Health and Counseling Services (counseling and medical for students) 1723 Cleneay Ave, Cinti OH 45207 513-745-3022
Xavier Advocacy and Prevention Coordinator Confidential advocacy and support services during business hours 513-904-9013
Xavier University Police Department 1648 Musketeer Drive 513-745-1000
513-745-2000
Xavier Psychological Services Sycamore House, 3818 Winding Way, Cinti OH 45207 513-745-3531
Title IX and Interpersonal Violence Response Office 332 Gallagher Student Center 513-745-3046
Dean of Students Gallagher Student Center, Suite 300 513-745-3166
Center for Mission and Identity Fenwick Hall 513-745-3530
Center for Diversity and Inclusion Suite 200, Gallagher Student Center 513-745-1029
Center for International Education Suite 230, Gallagher Student Center 513-745-2861
Off-Campus Resources
Resource Address/Location Phone Number
Cincinnati Police Dept. District 4
4150 Reading Road
Cincinnati, OH 45229
Emergencies: 911
Non-Emergencies
513-765-1212
District 4: 513-569-8600
Norwood Police Dept. 4701 Montgomery Rd, Cincinnati, OH 45212 Emergencies: 911
Non-Emergencies
513-458-4520
University of Cincinnati Medical Center 234 Goodman Street, Cincinnati, OH 45219 513-584-5700
University of Cincinnati Health Sexual Assault Nurse Examiner (SANE) Program* 234 Goodman Street, Cincinnati, OH 45219â 513-584-1000 513-584-3379
Women Helping Women 215 E. Ninth Street, 7th Floor Cincinnati, OH 45202-6109 phone 513-977-5541
24-Hour Crisis Line
513-381-5610
TTY 513.977.5545
YWCA of Greater Cincinnati 898 Walnut Street, Cincinnati, OH 45202 513-241-7090
Ohio Alliance to End Sexual Violence 526 Superior Avenue, Suite 1400
Cleveland, Ohio 44114
216-658-1381
888-886-8388
Ohio Domestic Violence Network 4807 Evanswood Dr, Columbus, OH 43229 614-781-9651
Hamilton Co. Court of Domestic Relations 800 Broadway, Cincinnati, OH 45202 513-946-9000
Hamilton Co. Court of Common Pleas 1000 Main Street
Cincinnati, Ohio 45202
513-946-5800
Juvenile Court 800 Broadway, Cincinnati, OH 45202 513-946-9200
Hamilton Co. Prosecuting Attorney Victim Services 230 E. Ninth Street
Suite 4000
Cincinnati, Ohio 45202
513-946-3070
Legal Aid Society of Greater Cincinnati 215 E 9th St #200, Cincinnati, OH 45202 513-241-9400
University of Cincinnati Domestic Violence and Civil Protection Order Clinic University of Cincinnati College of Law
Center for Race, Gender, and Social Justice
PO Box 210040
Clifton Avenue and Calhoun Street
Cincinnati, Ohio 45221
513-556-0180
Ohio Domestic Violence Network Legal Assistance Program (lawyers available for sexual assault and stalking victims as well) 4807 Evanswood Drive,
Suite 201
Columbus, OH 43229
614-781-9651
Cincinnati Bar Association Lawyer Referral Service 225 E. Sixth Street, Cincinnati, Ohio 45202 513-381-8359 or toll free at 888-628-2577
Visa/Immigration Assistance- see all legal resources above and Catholic Charities Southwestern Ohio Su Casa Hispanic Center 7036 Fairpark Avenue, Cincinnati, Ohio 45216 513-761-1588
Gay, Lesbian and Straight Education Network Greater Cincinnati Chapter PO Box 19856
Cincinnati OH 45219
866-934-9119
Rape, Abuse and Incest National Network 1-800-565-HOPE
http://www.rainn.org
U.S. Department of Justice 202-514-2000
http://www.ovw.usdoj.gov/sexassault.htm
U.S. Department of Education Office for Civil Rights 1-800-421-3481 http://www2.ed.gov/about/offices/list/ocr/index.html

4.6. Prevention of Sex Discrimination

The University engages in comprehensive, intentional, and integrated programming, initiatives, strategies, and campaigns intended to end Sex Discrimination that:

Educational programming consists of primary prevention and awareness programs for all incoming students and new employees, and ongoing awareness and prevention campaigns for students and employees that:

The University has developed an annual educational campaign consisting of presentations that include distribution of educational materials to new students; participating in and presenting information and materials during new employee orientation; and presentations, activities and other programming initiatives on an ongoing basis to employees and students.

4.7 Sex Discrimination Complaint Resolution Process

The Title IX Coordinator, Affirmative Action Officer, and other applicable campus administrators will respond efficiently and effectively when Sex Discrimination is reported. Xavier has established the following guidelines pertaining to how Xavier responds to Sex Discrimination:

For all forms of Sex Discrimination, where applicable depending on particular circumstances of the situation: 

  1. Depending on when reported (immediate vs delayed report), institution will provide Complainant with access to medical care and assess immediate safety needs.
  2. Institution will assist Complainant with contacting local police if Complainant requests and will provide Complainant with contact information for local police department.
  3. Institution will provide written information to Complainant on how to preserve evidence.
  4. Institution will assess need to implement interim or long-term protective measures, such as housing changes, change in class schedule, "No Contact" directives.
  5. Institution will provide a copy of the Sex Discrimination Policy to Complainant and inform the Complainant regarding time frames for inquiry, investigation and resolution.
  6. Institution will inform the Complainant of the outcome of the investigation, whether or not the Respondent will be administratively charged, and what the outcome of the hearing is.
  7. Institution will enforce the anti-retaliation policy and take immediate and separate action against parties that retaliate against a person for complaining of sex-based discrimination or for assisting in the investigation.

Once on notice of potential Sex Discrimination, the University will initiate appropriate Title IX Sexual Harassment (Section 4.2.1) or Interpersonal Violence (Section 4.2.2) investigation and complaint resolution processes promptly and equitably as well as disciplinary procedures to those determined to have violated this policy. While the investigation and complaint resolution process are pending, the University will provide resources, on-campus, off-campus or both, to include medical, health, counseling, legal assistance, victim advocacy, and visa and immigration assistance to the Complainant. These resources will be provided regardless of whether the Complainant decides to pursue and/or participate in an investigation and/or report to law enforcement.

While the time it takes to conduct an investigation depends on the particular facts and circumstances, most investigations will begin within 10 business days of a complaint being made and the Title IX Office will take all reasonable steps to conduct the investigation in a timely manner. These timelines may expand or contract depending on many factors including, but not limited to, the complexity of the matter, the availability of witnesses or evidence, or the time in the school year when the investigation takes place.

If a report of Sex Discrimination is reported to the University, the University will follow the procedures of this policy. The standard of evidence that will be used during any hearing or administrative decision on campus arising from such a report is preponderance of the evidence, which means it is more likely than not that the misconduct occurred.

The procedures are intended to afford a prompt response to complaints of Sex Discrimination, to maintain confidentiality and fairness consistent with applicable legal requirements, and to impose appropriate sanctions on violators of this policy.

When Xavier receives a report of Sex Discrimination, the Title IX Office will determine whether that report will be addressed under Xavier’s Title IX Sexual Harassment policies or Xavier’s Interpersonal Violence policies. Both policies are set forth below.

4.7.1 Title IX Sexual Harassment Response and Complaint Resolution Process

Under Title IX, Xavier must and will investigate allegations in a formal complaint of Sexual Harassment. A formal complaint is a document submitted by a Complainant (an individual alleged to be the victim of conduct that could constitute sexual harassment) or signed by the Title IX Coordinator alleging that Sexual Harassment has been committed by a Respondent (an individual who has been reported to be the perpetrator of conduct that could constitute Sexual Harassment) and requesting that Xavier investigate the allegation of sexual harassment. 

The Title IX Coordinator who signs a formal complaint is not deemed a Complainant as described in these policies.

Under these Title IX Sexual Harassment policies, the following information applies.

4.7.1.1 Initial Assessment of Reported Conduct

The Title IX Coordinator is responsible for assessing whether the conduct reported may rise to a potential violation of Xavier’s Title IX Sexual Harassment policies. If the Title IX Coordinator assesses that the reported conduct may violate these policies, the report will proceed for resolution under the Title IX Sexual Harassment policies of this section. If the Title IX Coordinator assesses that the conduct alleged in the formal complaint would: 1) not constitute Sexual Harassment as defined by Title IX even if proved; 2) did not occur in a Xavier education program or activity, or 3) did not occur against a person in the United States, then in accord with federal law, the Title IX and Interpersonal Violence Office (hereinafter Title IX Office) will dismiss the formal complaint with regard to that conduct for purposes of Sexual Harassment under Title IX. 

If the formal complaint is dismissed, the Title IX Coordinator will inform the Complainant of their right to proceed under Xavier’s Interpersonal Violence policies if deemed warranted. 

A Complainant may not choose to proceed under the Interpersonal Violence policies if the Title IX Coordinator has assessed the report should proceed under Title IX Sexual Harassment policies. 

If the Title IX Coordinator determines that the reported conduct may rise to a potential violation of Xavier’s Title IX Sexual Harassment policy and there is no appeal of that determination submitted (see Section 4.7.1.1.2 Initial Assessment of Appeal Process) or an appeal of that determination does not result in a reversal of the determination, then the report will be resolved under the following Sexual Harassment complaint resolution process required by Xavier’s Title IX Sexual Harassment policies. 

      4.7.1.1.2 Appeal of Initial Assessment Process

Under Title IX, the reporting and responding parties have the right to an appeal Xavier’s dismissal of a formal complaint on the following bases: 

  1. Procedural irregularity that affected the outcome of the matter;
  2. New evidence that was not reasonably available at the time the dismissal was made, that could affect the outcome of the matter; and
  3. The Title IX Coordinator had a conflict of interest or bias for or against reporting parties or responding parties generally or the individual Complainant or Respondent that affected the outcome of the matter. 

Appeals of a dismissal of a formal complaint must be submitted within three business days of the parties being notified of the dismissal by the Title IX Coordinator, and shall be submitted to the Vice President for Administration (Vice President) or their designee (which for these purposes may mean a person designated by the Vice President if unavailable.) The Vice President will review the matter, including a review of the Title IX Coordinator’s written analysis, rationale for the dismissal decision, the Title IX Investigation Report to date, and any other information and evidence the Vice President deems necessary to comprehensively review the appeal. The Vice President may also request to meet with the Respondent, Complainant, Title IX Coordinator, and/or other individuals that may have relevant additional information.  The Vice President will endeavor to notify the parties and the Title IX Coordinator of the outcome of the appeal within three business days of receiving it. The decision of the Vice President is final. 

If the Title IX Coordinator’s determination to dismiss the formal complaint is upheld by the Vice President or if no appeal is submitted, the Title IX Coordinator will inform the Complainant of their right to proceed under the Interpersonal Violence Policies. 

If the Title IX Coordinator’s determination to dismiss the formal complaint is reversed by the Vice President, the formal complaint will proceed under these Title IX Sexual Harassment Policies. 

Xavier may also dismiss the formal complaint or any allegations therein, or suspend the investigation thereof, if at any time during the investigation or hearing: 

Upon a dismissal required or permitted, Xavier will promptly send written notice of the dismissal and reason(s) therefor simultaneously to the parties. 

4.7.1.2 Title IX Investigation of a Formal Complaint

If it is determined by the Title IX Office that a report of Sex Discrimination will be addressed under the Title IX Sexual Harassment policies, the following information applies. 

Xavier’s Title IX Office conducts all Title IX Sexual Harassment investigations.

To the extent consistent with Xavier’s Title IX Sexual Harassment policies and the best interests of all concerned (as determined by Xavier), Xavier will comply with law enforcement requests for cooperation. Such cooperation may require Xavier to temporarily delay the start of or suspend an ongoing Title IX Sexual Harassment investigation while the law enforcement agency is in the process of gathering evidence (not the ultimate outcome of the criminal investigation or the filing of any criminal charges). If Xavier has temporarily delayed or suspended its investigation, Xavier will resume its investigation promptly after it is notified by the law enforcement agency that it has completed the evidence gathering process. Law enforcement agencies typically take three to ten calendar days for their evidence gathering process, although the delay in Xavier's investigation may be shorter or longer in certain circumstances. In any case, Xavier may implement appropriate Supportive Measures (Section 4.7.1.8) during the law enforcement agency's investigation period to provide for the safety of the Complainant and the campus community and to avoid retaliation.

In Title IX Sexual Harassment matters, the reporting and responding parties may be accompanied to any related meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney. A party’s advisor of choice may fully participate in the Title IX investigation. Information on advisor participation and role in Title IX Sexual Harassment Hearings is described in Section 4.7.1.4. 

Prior to completion of the investigative report, Xavier’s Title IX Office will send to each party and the party’s advisor, if any, the draft Title IX Investigation Report (which will include all information and evidence gathered) to inspect and review. The parties will have 10 business days to submit a written response, which the Title IX Office will consider prior to completion of the investigative report. 

The Title IX Office will then create a Title IX Investigative Report that fairly summarizes all relevant evidence and will provide that report to each party and the party’s advisor, if any, for their review and written response. Each party and the party’s advisor, if any, has 5 business days to submit a written response. The Title IX Coordinator will include any submitted written response in the Title IX Investigation Report and provide that report to the Office of Human Resources’ Affirmative Action Officer, which manages the next step in the Title IX Sexual Harassment complaint resolution process. At least 10 days prior to a hearing, the Affirmative Action Officer will send to each party and the party’s advisor, if any, the final Title IX Investigative Report in an electronic format or a hard copy, for their review and written response. Each party and the party’s advisor, if any, will have 5 business days to submit a written response, which the Affirmative Action Officer will include in the Title IX Investigation Report. 

4.7.1.3 Methods of Resolving a Charge of a Violation of the Title IX Sexual Harassment Policies

4.7.1.3.1 Accept Responsibility for Alleged Violation and Associated Sanctions

At any time before the start of a hearing to resolve the complaint, the Respondent may elect to accept responsibility for the alleged violation(s) and accept the benchmark or other appropriate sanctions for the alleged violation as determined by the Affirmative Action Officer or designee.

4.7.1.3.2 Informal and Formal Resolution Methods

In the event that the Complainant is a student or, regardless of the student or employee status of the Complainant, if the conduct reported is Rape, Sexual Assault, or Sexual Exploitation, the resolution methods described in Section 5.8 Resolution through the Informal Process and Mediation described in Section 5.9 Resolution Through the Formal Process will not be permitted. Therefore, if the Respondent in these circumstance has not accepted responsibility and/or the sanctions offered, the matter will proceed to a hearing. For more information about Title IX Sexual Harassment Hearings, see Section 4.7.1.4.

In matters in which informal resolution methods are permitted, the Affirmative Action Officer will review with the Complainant the policies of Section 5.8 Resolution through the Informal Process and Section 5.9 Resolution through the Formal Process.

4.7.1.4 Title IX Sexual Harassment Hearings

As Xavier administers Title IX Sexual Harassment hearings in accordance with these procedures, it reserves the right to collect and offer information and present witnesses to be considered by the Title IX Sexual Harassment Hearing Panel. The people acting on behalf of Xavier for these purposes are identified later in these procedures.

The purpose of a hearing is to determine if a Respondent is responsible or not responsible for the alleged violation of the HCAP.

Title IX Sexual Harassment hearings are conducted with all parties physically present in the same geographic location. At Xavier’s discretion, any or all parties, witnesses, and other participants may appear at the live hearing virtually, with technology enabling participants simultaneously to see and hear each other. In addition, at the request of either party, Xavier will provide for the live hearing to occur with the parties located in separate rooms with technology enabling the decision-maker(s) and parties to simultaneously see and hear the party or the witness answering questions.

A Respondent will be found responsible if responsibility for the charged violation is established by a "preponderance of the evidence." This means that the Title IX Sexual Harassment Hearing Panel has determined that it is "more likely than not" that the Respondent violated the HCAP policy at issue.

The Respondent, Complainant and Xavier may identify witnesses to be called at a hearing. Only witnesses with knowledge directly related to the pending charges will be allowed to present information at the hearing. If it has not already done so in conjunction with the preparation of its report, the Title IX Office may interview a witness prior to the hearing so that the Affirmative Action Officer can determine if the witness has knowledge directly related to the pending charges.

Witnesses may be dismissed from the hearing if statements are based on opinion or perceived character alone.

A Title IX Sexual Harassment Hearing Panel may reasonably limit the scope and time devoted to each case or item of discussion during the hearing, including the number of people providing information. Specifically, corroboration provided by witnesses shall be allowed where appropriate, but repetitive statements, discussion or witness material may be limited.

Title IX Sexual Harassment Hearings are not governed by the rules of evidence used by courts.

At the Affirmative Action Officer's discretion, multiple incidents involving the same individual may be considered in one Title IX Sexual Harassment Hearing.

At the Affirmative Action Officer’s discretion, charges against multiple responding parties charged with the same or related violations arising out of one or more related incidents may be considered in one Title IX Sexual Harassment Hearing.

All Title IX Sexual Harassment Hearing Panel Members receive annual training, appropriate for hearing Title IX Sexual Harassment matters.

At the discretion of the Affirmative Action Officer, or designee, technology may be used to facilitate hearing participation for involved parties who are not able to be physically present for the hearing. Examples include but are not limited to video conferencing and audio conferencing, etc.

The process for a Title IX Sexual Harassment Hearing should proceed using the timelines given below. The Affirmative Action Officer, in their sole discretion, may adjust any time periods as necessary to promote the proper resolution of each complaint. Time periods governing the conduct and participation of reporting parties or responding parties shall be strictly enforced, unless specifically adjusted by the Affirmative Action Officer, in their sole discretion. All other time periods shall be guidelines, and though it is important to act promptly, strict adherence to these guidelines may not be possible in some or many instances.

For purposes of this policy, one business day shall be any weekday school is in session, according to the University's academic calendar, including the fall, spring and summer semesters.

4.7.1.4.1 Notice of Charges for a Title IX Sexual Harassment Hearings

Within seven days of receiving the Title IX Investigation Report from the Title IX Office, the Affirmative Action Officer will notify in writing the Respondent that the Affirmative Action Officer has received the report. This notification will include the HCAP sections allegedly violated and possible sanctions for those violations, and will direct the employee to information about the Title IX Sexual Harassment complaint resolution process.

4.7.1.4.2 Complainant Involvement in Title IX Sexual Harassment Hearings

In matters involving allegations of Title IX Sexual Harassment, a Complainant may choose how they want to participate in the Title IX Sexual Harassment complaint resolution process.

4.7.1.4.3 Title IX Sexual Harassment Hearing Panels

Title IX Sexual Harassment hearings will be heard by a Title IX Sexual Harassment Hearing Panel (Hearing Panel). Hearing Panel members will be selected from a pool of faculty members, administrators, and students who receive annual training on Title IX Sexual Harassment and adjudicating Title IX Sexual Harassment hearings. Hearing Panels will consist of three individuals, and will generally be comprised of one faculty, one staff, and one student member. The staff or faculty member serving on the Hearing Panel will have received training to serve as the Chair of the Hearing Panel and will be designated to serve that role

4.7.1.4.4 Timing of Title IX Sexual Harassment Hearings

4.7.1.4.5 Title IX Sexual Harassment Hearing Procedures

A Title IX Sexual Harassment Hearing will be conducted according to the following procedures: 

(1) The hearing will be closed to everyone except those persons specifically provided for in this process or persons whose presence at the hearing is authorized in advance by the Affirmative Action Officer.

(2) A respondent will be presumed to be not responsible for the alleged conduct until a different determination regarding responsibility is made at the conclusion of the hearing. To be found responsible, the Hearing Panel must conclude, based on the entirety of the statements and records presented, that there is sufficient evidence to conclude by a preponderance of the evidence that the respondent violated Xavier’s Title IX Sexual Harassment policy.

(3) Each party has the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney; however, as permitted by these Title IX Sexual Harassment policies, in a Title IX Sexual Harassment Hearing, Xavier limits the advisor’s role and participation in a hearing to only asking questions of the other party and/or witnesses. Outside of this limited “questioning” role, while the advisor may help the Complainant or Respondent prepare their position and privately/quietly consult with the party at any time, the advisor may not present the Complainant or Respondent’s position or speak for or on behalf of the party during the hearing. All parties and advisor conduct, including when advisors are questioning the other party or a witness, must be respectful and non-abusive. Should a party or advisor engage in conduct that does not align with these decorum standards, Xavier’s Affirmative Action Officer will address this issue and give the party or advisor the opportunity to correct their conduct. Should the individual continue to engage in conduct that does not meet Xavier’s decorum expectations, the Affirmative Action Officer reserves the right to have that individual leave the hearing. If such a step must be taken, the Affirmative Action Officer may require the party to use a different advisor to ask questions of the other party and witnesses.

(4) A scheduled hearing may proceed in the absence of a Respondent, a Complainant, or any other individual who fails to appear. An absence will not be considered grounds for an appeal.

(5) At the beginning of the hearing, the Respondent and Complainant will each be advised of their rights. The Complainant, the Respondent, and the Hearing Panel will be provided the opportunity to ask relevant questions about the materials and information presented.

(6) In the hearing, each party’s advisor (or Questioning Advisor as the case may be) will be permitted to ask the other party and any witnesses all relevant questions and follow-up questions, including those challenging credibility. Such questions will be conducted directly, orally, and in real time by the party’s advisor of choice and never by a party personally.

(7) Only relevant questions may be asked of a party or witness. Before a Complainant, Respondent, or witness answers a question, the Hearing Panel Chair will first determine whether the question is relevant and explain any decision to exclude a question as not relevant. Reasons the Chair may determine the question may not be permitted include, but are not limited to the question posed being repetitive, harassing, unduly prejudicial, seeking to access privileged information (e.g. mental health information), and/or questions related to the sexual history of a party that does not fall within the potentially permitted scope of Section 4.7.1.4.5 Title IX Sexual Harassment Hearing Procedures. The Hearing Panel Chair must explain to the party proposing the questions any decision to exclude a question as not relevant. The Hearing Panel Chair's decision on relevancy is final. The Hearing Panel Chair will take the time they assess is necessary to make conduct a thorough, appropriate relevancy determination and may pause the hearing to discuss the relevancy question with the other Hearing Panel members before issuing their determination. Parties and advisors will be not permitted to challenge the relevancy determination after receiving the explanation.

(8) Questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the Complainant’s prior sexual behavior are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or if the questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent.

(9) If a party is absent from the hearing, declines to have questions posed to them by the other party’s advisor, and/or declines to answer a question posed by the other party’s advisor and deemed relevant by the Chair, the Hearing Panel must not rely on any prior statement of that party in reaching a determination regarding responsibility. The Hearing Panel cannot draw an inference about the determination regarding responsibility based solely on a party’s absence from the live hearing or refusal to answer questions posed by the other party or by the Hearing Panel. 

If a witness is absent from the hearing, declines to have questions posed to them by the Complainant or Respondent’s advisor, and/or declines to answer questions posed by the Complainant or Respondent’s advisor and deemed relevant by the Chair, the Hearing Panel must not rely on any prior statement of that witness in reaching a determination regarding responsibility.  The Hearing Panel cannot draw an inference about the determination regarding responsibility based solely on a witness’s absence from the live hearing or refusal to answer questions posed by the Complainant’s advisor, Respondent’s advisor, or the Hearing Panel. 

In these circumstances, the Affirmative Action Officer will facilitate that procedural task of assessing which statements of the party or witness may or may not be relied upon by the Hearing Panel in reaching its determination regarding responsibility. The Chair will then communicate this information to the Hearing Panel, parties, and their advisors. 

(10) Xavier will create an audio or audiovisual recording, or transcript, of the Title IX Sexual Harassment and make it available to the parties for inspection and review.

(11) At the conclusion of the hearing, the Hearing Panel shall confidentially consider all of the statements and records made available at the hearing to formulate a decision on the issue of responsibility. Except in exigent circumstances, the decision should be made within five business days of the conclusion of the hearing.

(12) If the Respondent is found to be responsible, the Affirmative Action Officer shall then provide the Hearing Panel with records reflecting any prior relevant conduct violations for which the Respondent was previously found responsible, which information may be considered by the Hearing Panel in recommending a sanction.

(13) If a Respondent is found responsible, the Hearing Panel will recommend sanctions to the Affirmative Action Officer, who will assess the recommended sanction(s). If the sanction ultimately imposed varies from the recommendation of the Hearing Panel, the Affirmative Action Officer will include the reasons for such variance in the notices provided to the Complainant and the Respondent as required by these policies.

 (14) At the conclusion of the hearing and Hearing Panel deliberation process, the Hearing Panel will issue a written determination regarding responsibility applying the preponderance of evidence standard of evidence.  The written determination will be provided to the parties simultaneously within five business days of the conclusion of the hearing.

(15) On a case by case basis, the Affirmative Action Officer may exclude a Respondent from campus pending the conclusion of the appeal.

(16) The determination regarding responsibility becomes final following the conclusion of the appeal process if an appeal is submitted, or, if an appeal is not submitted, the date on which an appeal would no longer be permitted to be submitted.

(17) The Title IX Coordinator is responsible for effective implementation of any remedies. 

4.7.1.4.6 Reporting and Respondent Rights and General Information Pertaining to Title IX Sexual Harassment Hearings

The Title IX Sexual Harassment complaint resolution process is an administrative process not an adversarial criminal or civil legal process. The rights and procedures required in such legal systems are not applicable in the employee conduct process.

The following rights and information apply in Title IX Sexual Harassment hearings:

4.7.1.4.6.1 General Information

  1. Xavier’s Title IX Sexual Harassment complaint resolution process ensures an objective evaluation of all relevant evidence – including both inculpatory and exculpatory evidence.
  2. Credibility determinations will not be based on a person’s status as a Complainant, Respondent, or witness.
  3. The Title IX Sexual Harassment complaint resolution process does not require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless the person holding such privilege has waived the privilege.
  4. Xavier will not access, consider, disclose, or otherwise use a Complainant or Respondent’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party, unless Xavier obtains that party’s voluntary, written consent to do so for a grievance process.
  5. Xavier provides an equal opportunity for the both parties to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence.
  6. Xavier does not restrict the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence.
  7. Each party may be accompanied to any related meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney. Information on advisor participation and role in Title IX Sexual Harassment Hearings is described in Section 4.7.1.4.5 Title IX Sexual Harassment Hearing Procedures.
  8. Each party has the right to be present throughout the hearing but not during the deliberation of the Hearing Panel.
  9. Each party has the right to hear all of the information presented.
  10. Each party has the right to present pertinent information and witnesses to substantiate their position. Witnesses must be present at the hearing and their lack of attendance is not cause for appeal.
  11. Each party has the right to submit a request for appeal of the outcome of a hearing (Section 4.7.1.5 Title IX Sexual Harassment Appeals). 

4.7.1.4.6.2 Rights of the Respondent

These rights are specific to the Respondent and are in addition to the rights shared by both parties in Section 4.7.1.4.6.1 General Information.

  1. The Respondent has the right to remain silent. If silence is maintained, the outcome of the hearing will be determined on the information presented. The Hearing Panel may not draw any inference from a Respondent's choice to remain silent.
  2. The Respondent has the right to respond to the allegations against them. 

4.7.1.4.6.3 Rights of the Complainant

These rights are specific to the Complainant and are in addition to the rights shared by both parties in Section 4.7.1.4.6.1 General Information.

  1. A Complainant may choose how they want to participate in the Title IX Sexual Harassment Hearing (Section 4.7.1.2 Complainant Involvement in Title IX Sexual Harassment Hearings))
  2. A Complainant will be provided written notification of the outcome of the hearing with respect to that alleged violation.

4.7.1.5 Title IX Sexual Harassment Appeals

If the Hearing Panel finds a violation of the HCAP, the Complainant or Respondent may request an appeal of the Hearing Panel's findings and/or sanctions. A request for an appeal will only be granted if the request provides sufficient factual basis for one of the following grounds for an appeal:

  1. Procedural irregularity that affected the outcome of the matter;
  2. New evidence that was not reasonably available at the time of the determination of the Harassment Hearing Panel regarding responsibility that could affect the outcome of the matter; and
  3. The Title IX and Interpersonal Violence Response Coordinator, the Title IX and Interpersonal Violence Response Program Director, or a Title IX Sexual Harassment Hearing Panel member(s) had a conflict of interest or bias for or against reporting or responding parties generally or the individual Complainant or Respondent that affected the outcome of the matter.

Aside from the grounds for appeal above, which are specific to Title IX Sexual Harassment, all other information in HCAP Section 5.10 Appeals applies to Title IX Sexual Harassment matters.

4.7.1.6 Supportive Measures

Pending resolution of a Title IX Sexual Harassment matter, when there is a significant student or employee conduct or health and safety concern that requires immediate intervention to preserve and support the general welfare and academic experience of one or more students, employees, and/or the Xavier community, the Title IX Office, Human Resources Office, or Xavier University Police Department, may implement Supportive and/or Interim Measures. Such measures are designed to restore or preserve equal access to the Xavier’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or Xavier’s educational environment, or to deter sexual harassment.

These measures may apply to one, both, or multiple parties involved. 

Additional information about, and examples of Supportive and Interim measures, may be found in Section 5.5. Supportive and Interim Measures for Individuals and/or Campus Community.

4.7.1.7 Retaliation Prohibited

Under Title IX, neither Xavier nor any other person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX, or because the 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 these policies. 

Intimidation, threats, coercion, or discrimination, including charges against an individual for HCAP violations that do not involve Sex Discrimination or Sexual Harassment, but arise out of the same facts or circumstances as a report or complaint of Sex Discrimination, or a report or formal complaint of Sexual Harassment, made for the purpose of interfering with any right or privilege secured by Title IX constitutes retaliation. 

Xavier will keep confidential the identity of any individual who has made a report or complaint of Sex Discrimination, including any individual who has made a report or filed a formal complaint of Sexual Harassment, any Complainant, any individual who has been reported to be the perpetrator of Sex Discrimination or Sexual Harassment, any Respondent, and any witness, except as may be permitted by the FERPA statute, 20 U.S.C. 1232g, or FERPA regulations, 34 CFR part 99, or as required by law, or to carry out the purposes of 34 CFR part 106, including the conduct of any investigation, hearing, or judicial proceeding arising thereunder. 

Complaints alleging retaliation may be filed according to the Title IX Sexual Harassment policies and complaint resolution process of the HCAP. 

The exercise of rights protected under the First Amendment does not constitute retaliation prohibited under Title IX. However, as a private institution, constitutional rights do not otherwise apply.

Charging an individual with a HCAP violation for making a materially false statement in bad faith in the course of a Title IX Sexual Harassment complaint resolution process does not constitute retaliation prohibited by Title IX, provided, however, that a determination regarding responsibility, alone, is not sufficient to conclude that any party made a materially false statement in bad faith.

4.7.1.8 Benchmark Sanctions for Title IX Sexual Harassment

Xavier University’s general approach to sanctioning for HCAP policy violations is described in Section 5.9.10. Sanctioning.

If an employee is found responsible for Title IX Sexual Harassment, the following benchmark sanctions are a starting point for determining the appropriate sanction. Actual sanctions imposed are determined on a case-by-case basis and may be greater or lesser than the benchmark sanctions. These benchmark sanctions are intended to offer guidance to the individuals and panels imposing and recommending sanctions, and to alert students of the serious nature of certain violations. This list does not limit the forms of sanctions that may be assessed through the Student Conduct Process.

Definitions of conduct that constitutes prohibited Title IX Sexual Harassment are in Section 4.7.1.

(a) Sexual Harassment- the benchmark sanction for an employee found responsible ranges from Letter of Reprimand to Termination.

(b) Forcible Rape- the benchmark sanction for an employee found responsible is Termination.

(c) Forcible Sodomy-  the benchmark sanction for an employee found responsible is Termination.

(d) Sexual Assault with an Object- the benchmark sanction for an employee found responsible is Termination.

(e) Forcible Fondling- the benchmark sanction for an employee found responsible is Termination.

(f) Incest: the benchmark sanction for an employee found responsible is Termination.

(g) Statutory Rape- the benchmark sanction for an employee found responsible is Termination.

(h) Dating violence- the benchmark sanction for an employee found responsible ranges from Letter of Reprimand to Termination.

(i) Domestic violence- the benchmark sanction for an employee found responsible ranges from Letter of Reprimand to Termination.

(j) Stalking- the benchmark sanction for an employee found responsible ranges from Letter of Reprimand to Termination.

4.7.2 Interpersonal Violence Response and Complaint Resolution Process

If it is determined by the Title IX Office that a report of Sex Discrimination will be addressed under the Interpersonal Violence policies, the following information applies

Role of the Title IX Office

The Title IX Office is responsible for overseeing all application of Xavier's Interpersonal Violence policies. Matters of Interpersonal Violence will be handled in accordance with this HCAP. With respect to violations of the HCAP, the Title IX Office will work with the Affirmative Action Officer in Human Resources to oversee the HCAP process - from complaint to resolution - of any allegation that, if proven true, would constitute Interpersonal Violence. This includes conducting a fair, impartial, thorough investigation of the complaints, producing an investigation report, and providing the report and collected materials to the Affirmative Action Officer (or the whoever is acting as AAO in the case of Section 5.6 Pattern of Harassment), and monitoring Interim Measures and sanctions.

Information-Gathering Investigation

The Title IX Office will promptly investigate all complaints of Interpersonal Violence. This investigation will be adequate, reliable and impartial. Title IX Office plays a neutral, information-gathering role as an investigator. The time it takes to conduct an investigation depends on the particular facts and circumstances; however, most investigations will begin within 10 business days of a complaint being made and the Title IX Office will take all reasonable steps to conduct the investigation in a timely manner. Timelines may expand or contract depending on many factors including, but not limited to, the complexity of the matter, the availability of witnesses or evidence, or the time in the school year when the investigation takes place. In general, the Title IX Office's investigation will include talking to the parties involved, other witnesses, members of law enforcement (if applicable), other individuals and collecting any materials or information that may be related to the allegations.

In matters involving allegations of Interpersonal Violence, the Complainant and Respondent have the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice. Information on advisor participation and role in Harassment Panel Hearings in Interpersonal Violence matters is described in Section 5.9.7. Harassment Panel Hearing Procedures.

Threshold Assessment

In cases of Interpersonal Violence, the Title IX Office will conduct a preliminary investigation of the complaint to make a threshold assessment using the definitions above. If the Title IX Office concludes that there is reasonable cause to believe a HCAP Interpersonal Violence policy may have been violated, the Title IX Office will continue the investigation or, if there are no additional investigation steps to take and the investigation is concluded, will provide the Investigation Report to the Affirmative Action Officer, who will take the next steps in the complaint resolution process.

If the Title IX Office does not find there is reasonable cause, it will notify the Complainant (and Respondent if applicable) that the investigation has been concluded and file closed.

Reasonable cause is defined as some credible information to support each element of the offense, even if that information is merely a credible witness or a Complainant's statement.

Title IX Office Report

After concluding the investigation, the Title IX Office shall prepare a written report, summarizing the facts, materials or other information collected and any observations made during the investigation. The report is intended to be factual in nature and not draw conclusions or give opinions about whether a violation occurred. The report and any other collected materials are provided by the Title IX Office to the Affirmative Action Officer who facilitates the complaint resolution process under the HCAP. The Title IX Office is charged with ensuring that the process is compliant with the HCAP through its conclusion.

If upon completing the investigation the Title IX Office concludes that the facts of the allegation do not meet and/or rise to the level of meeting the definition of any form of Interpersonal Violence under this policy, the Complainant will be notified of this conclusion and other options (for example, to pursue the complaint under the general Harassment provisions of the HCAP rather than the Interpersonal Violence provisions or to seek assistance from Human Resources to address the concerns outside of the HCAP) will be reviewed and other relevant resources provided.

Compliance With Law Enforcement

To the extent consistent with Xavier's obligation under the HCAP and Interpersonal Violence policies, Xavier will comply with law enforcement requests for cooperation. Such cooperation may require Xavier to temporarily delay the start of or suspend an ongoing investigation while the law enforcement agency is in the process of gathering evidence (not the ultimate outcome of the criminal investigation or the filing or disposition of any criminal charges). If Xavier has temporarily delayed or suspended its investigation, Xavier will promptly resume its investigation as soon as it is notified by the law enforcement agency that it has completed the evidence gathering process. Law enforcement agencies typically take three to ten calendar days for their evidence gathering process, although the delay in Xavier's Interpersonal Violence investigation may be shorter or longer in certain circumstances. In any case, Xavier will implement appropriate Interim Measures during the law enforcement agency's investigation period to provide for the safety of the Complainant and the campus community and to avoid retaliation. For additional information about Interim Measures by Xavier, see Section 5.5.

The role of an attorney throughout the HCAP process is limited by the terms of this HCAP. Individuals involved in HCAP matters that may also be criminal matters are encouraged to seek legal counsel. The Cincinnati Bar Association has a referral service and can be contacted at 513-381-8359 or further information can be found at http://www.cincybar.org/news-resources/find-lawyer/index.

Amorous Relationships

Because the University views it professionally unethical, because the potential for abuse or the appearance of abuse is so great, and because of the inherent differential in authority, the University prohibits the following relationships and acts, whether they are consensual or not:

Every non-student member of the University Community is prohibited from engaging in romantic and/or sexual relationships or in romantic and/or sexual conduct with any student currently enrolled as an undergraduate at the University.

Every member of the University Community is prohibited from engaging in romantic and/or sexual relationships or in romantic and/or sexual conduct with anyone whom he or she educates, counsels, coaches, supervises or evaluates in any way.

For application of the provisions contained in this section to mixed-status individuals, see Section 5.2.1.

Even when both parties have consented at the outset to the development of such a relationship, it is the officer, instructor or other person in the relative position of power who, by reason of authority conferred by the University, bears the burden of accountability.

It should be noted that exceptions to any of these prohibitions will be considered by the Affirmative Action Officer on a limited, case-by-case basis. Some examples of acceptable relationships may include:

A recent Xavier graduate, hired by the University, continuing a relationship that began while both individuals were students. An employee's spouse enrolling as a graduate or non- traditional undergraduate student.

Similarity to one of the situations does not automatically deem the relationship acceptable. If an individual has any questions about the application or effect of this policy to an existing or potential relationship, it is their duty to consult with their supervisor and/or the Affirmative Action Officer.

In keeping with this University policy, if charges of harassment are made, the existence of a consensual relationship in any of the contexts stated above shall not be a defense in any proceeding brought under the HCAP. If the relationship in questions does not constitute Harassment under the HCAP, the Affirmative Action Officer will take appropriate action under other relevant University policies.

Disciplinary penalties for individuals who violate these provisions may include written reprimand, formal warning, suspension, termination or dismissal, or such other penalties, as the University deems appropriate and consistent with the gravity of the offense. In the case of faculty, violation of these prohibitions may constitute grounds for dismissal of a tenured or untenured faculty member. See Xavier University Faculty Handbook.

Academic Freedom

While nothing in this policy should be construed to infringe upon the exercise of academic freedom, academic freedom does not include the freedom to harass.

Reprisals

Retaliation by the University, its employees, or its students against any of the following individuals is prohibited.

Against the Complainant

It is a violation of this HCAP to attempt to penalize, intimidate, or retaliate against a Complainant for filing a charge of harassment. Retaliation against an individual making a complaint of Interpersonal Violence is a separate violation of this HCAP, and will be investigated and resolved as such.

Against the Respondent

Filing of a complaint of harassment is not proof of prohibited conduct. A complaint shall not be taken into account during reappointment, tenure, promotion, performance review, merit increases, or other evaluation or review unless a final determination has been made that the University's HCAP has been violated, in which case it shall only be taken into account to the extent allowed under these procedures.

Against Others Because of Their Connection to an Incident of Alleged Harassment

It is a violation of this HCAP to attempt to penalize, intimidate, or retaliate in any way against a witness or panel member in a harassment hearing, anyone seeking guidance concerning a harassment matter, or any individual who provides information related to or is otherwise involved in any informal or formal procedure for investigating or addressing an alleged claim of harassment.

Claim of Retaliation

A complaint of retaliation may be pursued against any individual violating this section using the steps followed for a complaint of harassment. Such a complaint will be treated as a separate incident of harassment and will be adjudicated accordingly. When necessary, the appropriate dean or other University officer may monitor student grading or administrative/faculty/staff reappointment, tenure, promotion, performance review, merit increases, or other decisions to strive to ensure that prohibited retaliation does not occur. When necessary and appropriate, the appropriate dean or other University officer may determine that such decisions may be deferred until the claim is resolved.

Knowingly Filing False Complaints

Knowingly filing a false complaint of harassment or of retaliation, or knowingly providing false statements regarding a claim of harassment or retaliation is a violation of Xavier's HCAP. Such conduct may be pursued using the steps followed for a complaint of harassment. A complaint under this provision does not constitute prohibited retaliation.

Any employee who knowingly files a false complaint of harassment or who knowingly provides false statements shall be subject to discipline in accordance with the provisions of this HCAP. Any student who knowingly files a false complaint of harassment or who knowingly provides false statements shall be subject to discipline in accordance with the provisions of the Student Handbook.

Sex Offender Registration

The Federal Campus Sex Crimes Prevention Act, enacted on October 28, 2000, requires institutions of higher education to issue a statement advising the campus community where law enforcement agency information provided by a State concerning registered sex offenders may be obtained. It also requires sex offenders, already required to register in a State, to provide notice, as required under State law, of each institution of higher education in that State at which the person is employed, carries on a vocation, volunteers services, or is a student.

In Ohio, information on registered sex offenders can be accessed using the website for the Ohio Office of the Attorney General, which is here: http://www.communitynotification.com/cap_main?office=55149.

Harassment Procedures

5.1 Introduction To Procedures

5.2 Applicability of Procedures

5.3 Advice, Information, Counseling

5.4 Procedure for Reporting Harassment

5.5 Supportive and Interim Measures for Individuals and/or the Campus Community

5.6 Pattern of Harassment

5.7 Beginning the Process of Resolution of a Complaint

5.8 Resolution through the Informal Process

5.9 Resolution through the Formal Procedures

5.10 Appeal

5.11 Implementation of Hearing Panel's Decision

5.12 Record of Formally-Resolved Complaints

5.13 Record Retention Under this Policy

5.1 Introduction To Procedures

The Xavier University Harassment Code and Accountability Procedures reflect the commitment to maintain a community that is free from harassment of any kind. Xavier has designed procedures for prompt internal resolution of harassment complaints that arise within the University Community. The University expects that the use of these procedures will facilitate and promote resolution of such complaints.

A member of the Xavier University Community who believes that they have been harassed in violation of this HCAP is encouraged to take action in any of the following ways provided for in these Procedures.

Some forms of harassment may violate federal and state laws, and a Complainant may choose to invoke external processes to resolve their grievances instead of or in addition to pursuing the procedures set forth herein. Such individuals may contact the appropriate state or local agency, the Equal Employment Opportunity Commission, the Ohio Civil Rights Commission or the United States Department of Education, Office of Civil Rights. Reporting parties should note that there are statutes of limitation for seeking remedies within these external processes.

Xavier will initiate or continue with any internal processes under this HCAP without regard to external processes, unless otherwise instructed by University Counsel.

5.2 Applicability of Procedures

5.2.1 Xavier Employees and Students

5.2.2 All Others

5.2.3 Contractors or Vendors Working on the Xavier Campus but Not Employed by the University

5.3 Advice, Information, Counseling

Anyone may seek advice, information or counseling on matters related to harassment without having to file a complaint. Persons who feel they are being harassed, or are uncertain as to whether what they are experiencing is harassment, and/or desire information as to their options in dealing with harassment are encouraged to talk with one of the University resource persons listed below. Additionally, some forms of behavior that are disturbing to members of the Xavier University Community may not meet the definition of harassment found in this HCAP. Some behaviors may be violations of the Student Handbook, Faculty Handbook or the University's Policy and Procedures or may be covered by various grievance or dispute procedures.

To seek advice, information, or counseling about these issues, an individual may contact any of the following resource persons or offices: Human Resources, Title IX Office, Dean of Students, Chief Diversity and Inclusion Officer, Center for Diversity and Inclusion, Health and Counseling, Psychological Services, Xavier University Campus Police. Questions about handling complaints under any of the harassment procedures cited here may be directed to the Affirmative Action Officer.

Persons seeking advice, information or counseling should recognize that certain individuals have a duty to report harassment under his HCAP.

For resources regarding Sex Discrimination see HCAP Sections 4.4 and 4.5.

5.4 Procedure for Reporting Harassment

An initial course of action for any Xavier employee, student or other individual who feels that they are being harassed may be for that person to tell or otherwise inform the alleged harasser that the conduct is unwelcome and must stop. Members of the University Community who want to resolve their concerns in this manner may do so directly with the persons involved, although it is recommended that a complaint be filed in all incidents of alleged harassment to facilitate all concerns being resolved satisfactorily. This filing of a complaint also helps the University identify alleged repeat incidents by the same individual, and gauge the effectiveness of its anti-harassment policies and programs.

5.4.1 Filing a Complaint

5.4.2 When Submitted

5.4.3 Form of the Complaint

5.4.4 Policy on Amnesty

5.5 Supportive and Interim Measures for Individuals and/or the Campus Community

Pending resolution of an HCAP matter, "Interim Measures" may be taken by the Affirmative Action Officer, Dean of Students (students only), Director of Residence Life (students only), Title IX Coordinator (in matters involving Sex Discrimination only), or Xavier University Police when there is a significant conduct or health and safety concern that requires immediate intervention to preserve and support the general welfare and academic experience of one or more Xavier individuals and/or the Xavier community. Requests for Interim Measures should be directed to these individuals. Violations of any Interim Measures may constitute separate HCAP violations that may lead to additional disciplinary action. Supportive and Interim measures imposed may be temporary pending the results of an investigation and/or employee conduct process or may become permanent as determined by Xavier University.  

The following is a non-exclusive list of examples of Supportive and Interim Measures that may be implemented, when determined to be necessary and appropriate.

5.5.1. No Contact Notice

5.5.2. Externally Issued Protective Orders

5.5.3. Escorts

5.5.4. Added Police Presence

5.5.5. Making Adjustments to On-Campus Living and Working Arrangements

5.5.6. Making Adjustments to Class Schedules, Employment, or Xavier Activities

5.5.7. Separation from Xavier

5.5.8. Other Interim Measures

5.5.9. Emergency Administrative Action

5.6 Pattern of Harassment

Except in Title IX Sexual Harassment matters (Sections 4.2.1 and 4.7.1), the Affirmative Action Officer may initiate a complaint of harassment to be pursued formally under these procedures against any individual they have reason to believe has engaged in a pattern of harassment, based upon the number of complaints filed against the individual and resolved through informal procedures, mediation, or by a formal hearing. In the event of this type of complaint, the Affirmative Action Officer functions as the Complainant. In connection with the complaint, the President or their designee performs all functions assigned to the Affirmative Action Officer in the process for resolution of harassment complaints.

If the Affirmative Action Officer files a complaint under this provision, the individual who reported experiencing the harassment has the right to pursue their own complaint concurrently or at any time within this policy's time limits (see Section 5.7.1.). If the individual who reported the harassment chooses not to pursue their own complaint in this context, they can elect for the Affirmative Action Officer to include their complaint into the complaint of harassment filed by the Affirmative Action Officer under the Pattern of Harassment provision either with or without identifying information.

If a formal hearing is scheduled to determine whether a Respondent is responsible for violating the HCAP under this provision, the Affirmative Action Officer will provide the Hearing Panel member with a redacted history of prior relevant complaints and subsequent related actions. Relevancy of prior complaints to the current matter will be determined by the Affirmative Action Officer.

5.7 Beginning the Process of Resolution of a Complaint

Once a complaint is filed, the Affirmative Action Officer (and/or any resource person listed in Section 4.4 above with whom the Complainant has counseled) will assist the Complainant to end conduct that they believe violates this HCAP. Within 10 days after the filing of a complaint, the Affirmative Action Officer will arrange a meeting with the Complainant and other resource persons, as is appropriate. At this meeting, the Affirmative Action Officer and/or resource persons will work with the Complainant to determine and then implement the best approach(es) to satisfactorily resolve the matter. This shall include deciding whether to proceed informally or formally. Notwithstanding the foregoing, in the event that the Complainant is a student or, regardless of the student or employee status of the Complainant, if the conduct reported is Rape, Sexual Assault, or Sexual Exploitation, the resolution methods described in Section 5.8 Resolution Through the Informal Process and Mediation described in Section 5.9 Resolution Through the Formal Process, will not be permitted. In all situations in which the informal process may be used, the Complainant has the right to reject the use of the informal process.

Subject to the foregoing, the Complainant's wishes will be respected to the fullest extent possible in determining the appropriate course of action.

5.7.1. Time Limits

5.8 Resolution Through the Informal Process

Although an attempt to informally resolve a harassment complaint is not required before an individual may use formal procedures, the University's HCAP favors informal resolution of harassment claims whenever such resolutions can be affected fairly. The exception to this preference is in matters involving allegations of Title IX Sexual Harassment made by a student or allegations of Rape, Sexual Assault, or Sexual Imposition made by any individual. In these circumstances, the matter will automatically bypass the informal process and the Mediation option and process described in Section 5.9.2, and will proceed to a formal hearing process (Section 5.9.3 Formal Hearing Process). Despite use of any process to achieve an informal resolution, formal procedures may be instituted at any time under the procedures described in Section 5.9.

5.8.1. Achieving an Informal Resolution

5.8.2. Monthly Status Meetings

5.8.3. Form of an Informal Resolution

5.8.4. Anonymity

5.8.5. Record of Informally-Resolved Complaints

5.9 Resolution Through the Formal Procedures

Although use of the informal process is not required, the formal procedures are ordinarily used only if informal resolution is not agreed upon or fails to resolve a concern satisfactorily, or if the matter involves allegations of Title IX Sexual Harassment by a student, or involves allegations of Rape, Sexual Assault, or Sexual Imposition by any Complainant, or is otherwise so serious as to warrant an immediate use of the formal procedures. Disciplinary action will result from a finding of responsibility under the formal procedures.

The formal process for resolving a complaint should proceed using the timelines given below. The Affirmative Action Officer, in their sole discretion, may adjust any time periods as necessary to promote the proper resolution of each complaint. Time periods governing the conduct and participation of reporting parties or responding parties shall be strictly enforced, unless specifically adjusted by the Affirmative Action Officer, in their sole discretion. All other time periods shall be guidelines, and though it is important to act promptly, strict adherence to these guidelines may not be possible in some or many instances.

For purposes of Sections 5.7 - 5.10, one business day shall be any weekday school is in session, according to the University's academic calendar, including the fall, spring and summer semesters.

5.9.1. Pre-Hearing, Pre-Mediation Procedure

5.9.2. Mediation of a Complaint

5.9.3. Initiation of the Formal Hearing Process

5.9.4. Pre-Hearing Timeline

5.9.5. Composition of Harassment Hearing Board

5.9.6. Selection of a Harassment Hearing Panel

5.9.7. Harassment Panel Hearing Procedures

5.9.8. Standard of Evidence

To find a violation of Xavier University's HCAP, the Hearing Panel must find sufficient evidence to conclude by a preponderance of the evidence that the Respondent violated the policy. While the Hearing Panel does not draw a negative inference from the failure of either party to attend a hearing or to testify, a choice not to appear or testify does not change the burden of proof.

5.9.9. The Hearing Panel's Deliberation

In deciding whether a violation of the HCAP has occurred, the Hearing Panel attempts to reach a consensus. If consensus cannot be reached, a vote is taken. All decisions of the Hearing Panel are made by a majority.

5.9.10. Sanctioning

If the Hearing Panel finds that the Respondent violated the University's HCAP, it will determine the appropriate remedial action, taking into consideration all of the circumstances of the Respondent's conduct. Once it has determined that the Respondent violated the HCAP, it may seek a statement from the Affirmative Action Officer about prior procedures brought against the Respondent by a Complainant alleging harassment. The Affirmative Action Officer's statement will be limited to the following:

The Hearing Panel may consider this information in determining an appropriate sanction.

Examples of the types of sanctions that the Hearing Panel may issue include, but are not limited to the following: participation of the Respondent in counseling; required community service; prohibition of the Respondent from participating in grading, honors, recommendations, reappointment and promotion decisions, or other evaluations of the Complainant; letter of reprimand and copy of grievance record placed in the Respondent’s permanent file; restrictions on the Respondent's access to University resources, such as merit pay or other salary increases for a specific period; or suspension or dismissal from the University.

In addition, the Hearing Panel may seek to make the Complainant whole by requiring a review of the Complainant's grade, denial of promotion or similar benefit denied to the Complainant, in whole or in part by the Respondent. Any such decision by the Hearing Panel shall be given to the Respondent's supervisor in a position to conduct such a review to determine if a change is proper, and to effect the change.

5.9.10.1 Benchmark Sanctions for Interpersonal Violence

If an employee is found responsible for violating the Interpersonal Violence provisions of the HCAP, the following benchmark sanctions are a starting point for determining the appropriate sanction. Actual sanctions imposed are determined on a case-by-case basis and may be greater or lesser than the benchmark sanctions. These benchmark sanctions are intended to offer guidance to the individuals and panels imposing and recommending sanctions, and to alert the Xavier community of the serious nature of certain violations. Although benchmarks are only provided for certain violations, sanctions may be imposed for violations which are not included in this list.

Sexual Harassment. Given the potential range of behaviors that constitute Sexual Harassment sanctions may range from a Letter of Reprimand to Termination.

Public Indecency. The benchmark sanction for an employee who is found responsible for public indecency is Letter of Reprimand to Termination.

Sexual Exploitation. The benchmark sanction for an employee who is found responsible for sexual exploitation is Letter of Reprimand to Termination.

Rape. The benchmark sanction for rape is Termination.

Sexual Assault. The benchmark sanction for sexual assault is Termination.

Domestic Violence. Given the potential range of behaviors that constitute Domestic Violence (see definition) sanctions may include any sanction from Letter of Reprimand to Termination.

Dating Violence. Given the potential range of behaviors that constitute Dating Violence (see definition) sanctions may include any sanction from Letter of Reprimand to Termination.

Stalking. Given the potential range of behaviors that constitute Stalking (see definition) sanctions may include any sanction from Letter of Reprimand to Termination.

Interpersonal Violence- Other. Sanctions for an employee who is found responsible for other Interpersonal Violence may range from Letter of Reprimand to Termination.

A written report of the Hearing Panel's findings and determination of sanctions is recorded and signed by all members of the Hearing Panel. No minority opinion will be recorded, nor will dissenting members be noted or identified.

This report is then delivered by the Chair of the Hearing Panel to the Affirmative Action Officer. The Affirmative Action Officer then notifies the official(s) responsible for implementing the Hearing Panel's decision, the Complainant, and the Respondent.

Members of the Hearing Panel also receive a copy of this report with the stipulation that any written documentation remain confidential for use only in connection with the duties of a member of the Hearing Panel.

The Hearing Panel's findings and sanctions are subject to an appeal by either party (Section 5.10 Appeals). If neither the Complainant nor the Respondent submits a written request for an appeal with the University President or designee within five business days after the decision is delivered by the Affirmative Action Officer under 12.9.7, the Panel's findings and sanctions shall be final and binding.

5.9.11. Notification of Outcome

In cases of Interpersonal Violence, the Affirmative Action Officer will provide the Complainant and Respondent simultaneous written notification of the outcome of the hearing.

5.10 Appeal

5.10.1. Time for Filing a Request for an Appeal

To appeal any Hearing Panel decision, a request for appeal must be filed with the President or their designee's office by the Complainant or Respondent within five business days after the date the Affirmative Action Officer delivers the Hearing Panel's decision to the appropriate individuals.

5.10.2. Appeals

The Complainant and Respondent may request an appeal of the Hearing Panel's findings and/or sanctions. Requests for appeal will be granted only for the following reasons:

Requests for appeal in Title IX Sexual Harassment matters will be granted only for reasons found in HCAP 4.7.1.5 Title IX Sexual Harassment Appeals.

The request for appeal must state the reason(s) the appeal should be accepted and provide specific details or an explanation to support each reason. Any request for an appeal will be denied that fails to explain why one of these four reasons justifies the appeal.

The recording of the original hearing is for the sole use of the University, though it may be used by either party during an appeal. Any use by a party is limited to listening to the tape recording. The tape recording may not be removed from the Xavier campus, and it may only be reproduced by the University for University purposes.

Within seven business days after the request for appeal is filed, the President or designee will determine whether the request will be accepted or denied. Within three business days of making the determination, the President or designee will notify the Complainant, Respondent, Affirmative Action Officer, and the Hearing Panel Chair of their decision to accept or deny the request for appeal. If the request for appeal is denied then the decision of and any sanction imposed by the Hearing Panel shall be final and binding.

If a request for appeal is granted, both the Complainant and Respondent will have the opportunity to submit written statements to the President or designee, within a reasonable time to be determined by the President or designee. The review will be confined to these written arguments and the evidence that was presented to the Hearing Panel, except for requests that are granted because new information is available that was not available at the time of the hearing.

Requests for appeal that are granted, in whole or in part, because new information is available will be remanded by the President or designee to the original Hearing Panel for further proceedings. When the President or designee grants a request for appeal for any other reason, they shall have the power to affirm, reverse, or modify the decision and/or the sanction imposed, or to remand the matter to the original Hearing Panel.

Within ten business days after the time expires for receiving written arguments pursuant to section 5.10.2, the President or designee shall review the matter and either remand, affirm, reverse, or modify the decision and/or sanction. Within three business days the President shall provide written notice of their decision to the Affirmative Action Officer and the Hearing Panel Chair. The Affirmative Action Officer will notify the Complainant and Respondent of the President's decision within two business days of receiving the President's decision, including the information that all decisions by the President or designee regarding an appeal are final.

When the President or designee remands a matter to the original Hearing Panel, the President or designee shall provide to the Hearing Panel a copy of the written request for appeal and any written arguments submitted pursuant to section 5.10.2. In reviewing the matter, the Panel shall consider only the new evidence or issues upon which the request for appeal was granted. Within ten business days after the matter is remanded, the original Hearing Panel shall review the matter and either affirm, reverse, or modify its original decision and/or sanction. Within three business days the Hearing Panel Chair shall provide written notice of the Hearing Panel's decision to the Affirmative Action Office. Within two business days after receipt the Affirmative Action Office shall deliver the decision in writing to the Complainant, Respondent, and the President or designee, including the information that all decisions by the Hearing Panel upon remand will be reviewed by the President or designee. The President or designee may approve or modify the Hearing Panel's decision upon remand and that approval or modification will be final and binding. If the President modifies the Hearing Panel decision they will notify the Affirmative Action Officer within two business days of making that modification. The Affirmative Action Officer will notify in writing the Complainant, Respondent, and Hearing Panel members of the President's modification within two business days of receipt, with the information that the President's decisions are final and binding.

5.11 Implementation of Hearing Panel's Decision

In all cases in which a Hearing Panel finds that the Respondent violated the University's HCAP, the decision and sanctions of the Hearing Panel will be implemented by the official responsible for the Respondent:

5.12 Record of Formally-Resolved Complaints

After a complaint has been formally resolved, all documentation concerning the complaint will be maintained in the Affirmative Action Office for the shorter of: (1) five years after the resolution of the matter in which it was created, or (2) one year after the Complainant ceases all employment by and/or enrollment at Xavier University. At the end of that time period, the Affirmative Action Officer shall destroy all the documentation and shall keep a permanent record only consisting of the names of the Complainant and Respondent, the status of each (e.g., faculty, student), the incident date, the date of resolution and the resolution or result of mediation, and/or the decision of the Hearing Panel.

The recording of a hearing is for the sole use of the University, though it may be used by either party during an appeal. Any use by a party is limited to listening to the tape recording. The tape recording may not be removed from the Xavier campus, and it may only be reproduced by the University for University purposes. Such recordings will be maintained by the Affirmative Action Office and will be destroyed after the shorter of: (1) five years after the resolution of the matter in which it was created, or (2) one year after the Complainant ceases all employment by and/or enrollment at Xavier University.

All these records are subject to the confidentiality provisions of the HCAP, including Section 5.0.

5.13. Record Retention Under this Policy

The record retention policies contained in this HCAP will only apply to documentation related to complaints filed on or after the date this HCAP was initially enacted as University Policy.

A Respondent may petition to have purged any or all permanent records relating to them made under any provision of this HCAP.

The earliest such a petition will be considered is ten years after the day on which each permanent record was created. In their petition the Respondent shall identify the records which they seek to have purged and shall state the reason they believe the petition should be granted.

The Affirmative Action Officer may consider the following in determining whether or not to grant the petition: the nature of the permanent record; whether the Respondent has had any complaints filed against them since the time the permanent record was created; whether the Respondent has been involved in any other disciplinary actions since the time the permanent record was created; the length of time since the record was created; the reasons provided in the Respondent's petition; whether the requesting Respondent is still a member of the Xavier Community; anything else the Affirmative Action Officer believes is relevant to the decision whether or not to grant the petition.

The Affirmative Action Officer will notify the Respondent of their decision in writing within 30 days of the petition.

The Respondent may appeal the decision of the Affirmative Action Officer to the President or designee in writing within 10 days of the date of the Affirmative Action Officer's decision. The President or designee may affirm or modify the Affirmative Action Officer's decision or remand the matter to the Affirmative Action Officer for further consideration.

Any decision of the President or un-appealed decision by the Affirmative Action Officer shall be final and binding with respect to the records that are the subject of the petition for a period of two years. During that time no petition by the Respondent will be considered with respect to the same permanent records that were the subject of the earlier petition.