A. Policy

John Carroll University seeks to provide a community for students that promotes personal growth and development. The University asserts that respect for the rights and dignity of all people must be protected. This goal is an integral part of all aspects of University life, rooted in our Jesuit Catholic identity, and is essential to our academic community.

John Carroll University is committed to providing a learning environment free from harassment, discrimination, and violence. Interpersonal violence is a serious issue on college campuses and is not tolerated at John Carroll. Interpersonal violence includes all forms of sex discrimination prohibited by Title IX of the Higher Education Amendment of 1972, including gender discrimination, sexual harassment, sexual assault, gender-based stalking and relationship abuse.

It is the policy of John Carroll University, consistent with the aforementioned beliefs and values, that any interpersonal violence offenses (Relationship Violence, Stalking, Sexual Harassment, Sexual Assault, Non-Consensual Sexual Contact, and Sexual Exploitation) are prohibited and will not be tolerated. Thus, the University reserves the right to pursue disciplinary action for interpersonal violence offenses against John Carroll community members and others without regard to prosecution by criminal justice authorities. The Interpersonal Violence Policy covers violations committed by John Carroll University students.

All students should be aware of the consequences for interpersonal violence offenses. The University urges persons who believe an interpersonal violence offense has been committed against them to seek assistance from any of the available on-campus or    off-campus resources.

Relationship Violence, Stalking, Sexual Harassment, Sexual Assault, Non-Consensual Sexual Contact, and/or Sexual Exploitation can be committed by a person or group against a person or persons regardless of sex, sexual orientation, gender identity, or gender expression. These offenses can be committed by strangers, current or former partners, friends, and acquaintances.

B. Definitions
Relationship Violence is behavior used to establish power and control over another individual using fear, intimidation, violence and/or threat of violence. These behaviors can include, but are not limited to, physical, verbal, emotional, financial or sexual abuse. Examples of abuse may include, but are not limited to, hitting, punching, slapping, throwing objects, biting, yelling, name-calling, belittling, threatening violence, stealing money, destroying possessions, isolating, or committing sexual violence. Relationship violence can occur between casual or intimate partners (regardless of sex, sexual orientation, gender identity, or gender expression), former partners or family members.

Stalking is a pattern of two or more incidents of unwanted attention, harassment, contact, or other conduct directed at a specific person that would cause reasonable persons to fear harm to their physical health, mental or emotional health, safety, friends, family or property. Stalking may include, but is not limited to, telephone calls, text messaging, social networking, instant messaging, monitoring behavior, being in physical proximity to the person, or taking pictures.

Sexual Harassment means any unwelcome sexual advances, requests for sexual favors, offensive references to sex, sexual orientation, gender identity, gender expression, or other conduct of a sexual nature when:

  • Toleration of such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, professional or student status; or
  • Toleration of or rejection of such conduct is used as the basis for employment or academic decisions; or
  • Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance, educational experience, or living environment, or creates an intimidating, hostile, or offensive work, educational, or living environment.
  • Sexual harassment can be verbal, written, physical or pictorial in nature.

Sexual Assault is engaging in, or attempting to engage in, oral, vaginal, or anal penetration through any means (i.e., penis, tongue, finger, foreign object, etc.) without the consent of the other person (see University Consent Standard below).

Non-Consensual Sexual Contact includes any touching of any sexual body parts (i.e. breasts, buttocks, groin, genitals, mouth, etc.) or the touching of another with these body parts without consent. It also includes disrobing or exposure of another or to another without consent.

Sexual Exploitation occurs when individuals take 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 the other sexual misconduct offenses. Examples of sexual exploitation include, but are not limited to, invasion of sexual privacy, prostituting another person, non-consensual digital, video, or audio recording of nudity or sexual activity, unauthorized sharing or distribution of digital, video, or audio recording of nudity or sexual activity, engaging in voyeurism, going beyond the boundaries of consent (such as letting your friends hide in the closet to watch you having consensual sex), knowingly exposing someone to or transmitting a sexually transmitted infection, sexually transmitted disease, or HIV to another person, intentionally or recklessly exposing one’s genitals in non-consensual circumstances, inducing others to expose their genitals, and inducing incapacitation with intent to take sexual advantage of another person. Sexually-based stalking and/or bullying may also be forms of sexual exploitation.

University Consent Standard

  • Consent is freely given using mutually understandable words or actions that indicate a willingness to participate in mutually agreed upon sexual activity. Consent is mutually understandable when a reasonable person would consider the words and/or actions of the parties to have reached an agreement to engage in the particular sexual activity. In the absence of mutually understandable affirmative words or actions, it becomes the responsibility of the initiator (the person who wants to engage in a specific sexual activity) to obtain affirmative consent from the other partner.
  • Consent once given, may be withdrawn. If one partner initially offers words or actions that indicate consent, that partner may withdraw consent by indicating with words or actions that consent has been discontinued.
  • Consent for one sexual activity does not indicate consent for other forms of sexual activity. Similarly, past sexual consent does not imply future consent.

Capacity for Consent

  • Incapacitation is defined as being in a state in which a person sufficiently lacks the cognitive ability to realize that the situation is sexual, or cannot appreciate (rationally and reasonably) the nature and/or extent of that situation.
  • Consent can only be given by those with capacity to consent. Minors younger than16 do not have the capacity to consent to sexual activity. For adults, capacity to consent is on a case by case basis. Mentally disabled persons and physically incapacitated persons may not have the capacity to give consent. One may be incapacitated temporarily as a result of mental illness, unconsciousness, or as a result of alcohol or other drug consumption.
  • One may not engage in sexual activity with another person when one knows or has reasonable cause to believe that person to be incapacitated due to alcohol or other drug consumption or other reasons. Taken in context, some indicators of possible incapacitation may include, but are not limited to the following: vomiting; slurred speech; decreased motor coordination; sleeping; unconsciousness; erratic or extreme behavior; knowledge of person’s consumption; or bloodshot eyes.

Coercion
Consent which is obtained through the use of fraud or force, whether by physical force, threats, intimidation, or coercion invalidates the consent.

C. Applicability
This policy applies to all John Carroll University students. All students are encouraged to report alleged interpersonal violence offenses as soon as possible. Interpersonal violence offenses may be reported whether they occurred on campus, at a University sponsored event, or off campus including study abroad, internships, and immersion experiences.

D. Confidentiality and Reporting

To the extent possible, the University will maintain the confidentiality of all parties involved in alleged interpersonal violence offenses. Confidentiality, however, cannot be guaranteed.

Those who wish to discuss a situation in complete confidence should notify only the University Counseling Center or a priest acting in the capacity of pastoral counselor since they are not required to disclose knowledge of crimes reported to them except when necessary to prevent harm.

Students who experience interpersonal violence can meet with the Program Coordinator for the Violence Prevention and Action Center to discuss a situation confidentially, which means that the University will not pursue an investigation on the basis of confidential information shared with the VPAC coordinator if the student does not wish to do so. The VPAC coordinator is required to report basic non-identifying information to law enforcement and make periodic non-identifying summaries of the crimes occurring on campus to the Title IX coordinator.

Under Ohio law, persons who know that a felony has been committed must report that information to law enforcement. All University employees (including Faculty, Staff, Graduate Assistants, Resident Assistants, and Resident Ministers) and contract employees (including Cleaning staff and JCU Dining Staff) excluding licensed professionals from the University Counseling Center and pastoral counselors (i.e. priests acting as pastoral counselors) must comply with this policy. Therefore, employees must report allegations of interpersonal violence offenses to the Title IX Coordinator or law enforcement authorities, which can include the John Carroll Police Department and/or the University Heights Police Department. It is the practice of JCUPD to report all felonies/serious crimes to UHPD or the appropriate jurisdiction.

E. Immunity Provision
Individuals (recipients of the behavior and/or those assisting recipients) who report incidents of interpersonal violence which occur while they are engaged in underage drinking or illicit drug use will not be held responsible for violating the university alcohol and/or drug policy.

FRetaliation
The University strictly prohibits retaliation by, for, or against any participant (complainant, recipient of the behavior, respondent, or witnesses) for making a good faith report of any conduct, act, or practice believed to be interpersonal violence, for resisting such behavior, for participating in an investigation of the allegation, and/or for participating in the conduct process. Prohibited behavior includes any form of intimidation, threats, or harassment by the individual or friends, family, or other persons acting in support of or on behalf of that individual. Retaliation can be verbal, written, graphic, electronic, or physical. Acts of retaliation are by themselves, cause for disciplinary action. Concerns of retaliation can be reported to the Title IX Coordinator, JCUPD, the VPAC Coordinator, or the Dean of Students.

GConsequences
Any student found responsible for a violation of the Interpersonal Violence Policy will be subject to disciplinary action up to, and including, expulsion. Specific conduct procedures may be found here http://sites.jcu.edu/deanofstudents/pages/community-standards/interpersonal-violence-policy. Even if John Carroll University members are not criminally prosecuted, the University can pursue disciplinary action.

In accordance with the Student Code, the University reserves the right to impose an interim suspension on any student accused of an interpersonal violence offense pending the outcome of an investigation and/or conduct hearing. The University reserves the right to issue a no contact directive to the students involved pending the investigation and outcome of a conduct hearing.

PROCEDURES FOR DEALING WITH INTERPERSONAL VIOLENCE

A. Procedures

John Carroll University encourages those who have experienced interpersonal violence to report the incident promptly, to seek all available assistance, and to pursue university discipline proceedings and criminal prosecution of the offender.

1. Immediate Action

  1. Tell a trusted person about the act of interpersonal violence.
  2. Preserve any evidence of the act. Depending on the type of interpersonal violence offense, evidence may include, but is not limited to, text messages, voice mail messages, bodily fluids, etc. Physical evidence such as clothing, bed sheets, etc. should be placed in a secure area.
  3. Contact the John Carroll Police Department at 216- 397-1234 and/or the University Heights Police Department at 216-932-1800 and/or the JCU 24-hour Crisis Hotline at 216-397-CALL. JCUPD can provide immediate referral information, access to the university counselor on-call, investigative assistance, and assistance with notifying local law enforcement agencies. The JCU 24-hour hotline can provide immediate support and crisis intervention, educate recipients of the behavior and/or supportive others about reporting options and medical care, and coordinate an in-person advocacy response when appropriate.
  4. Seek immediate medical attention at a SANE (Sexual Assault Nurse Examiner) Unit, depending on the type of interpersonal violence offense. If possible, do not bathe, urinate, douche, brush teeth, or consume liquids or food before seeking medical attention. A Sexual Assault Nurse Examiner is a registered nurse with expertise in forensic evidence collection and medical care following trauma, such as sexual assault or relationship violence. The five 24-hour SANE Units in Cuyahoga County are located at Hillcrest Hospital, Fairview Hospital, MetroHealth Hospital, University Hospitals, and Rainbow Babies & Children’s Hospital. Hillcrest Hospital is the closest in proximity to John Carroll University. For more information, use the following link: http://www.clevelandrapecrisis.org/resources/hospital-medical-resources/hospitals-in-cuyahoga-county-with-a-sane-unit.At the hospital, an advocate may be offered from the Cleveland Rape Crisis Center. Advocates can provide support and information about the medical exam, reporting options, and victim rights. If an advocate is not offered, the individual can request to have an advocate or other support person present throughout the exam. Individuals under the age of 18 are able to receive medical attention and evidence collection without a parent present. However, the hospital is required to notify parents/guardians and the Department of Child and Family Services of the hospital visit.

Hospital personnel are mandated to report felony crimes. However, if the individual is over the age of 18, the person’s name does not have to be disclosed. Individuals may choose whether or not to speak to the police at the hospital. Regardless of whether an individual makes a report with law enforcement at the hospital, the option to file charges at a later date still exists. When possible, do not disturb the crime scene before law enforcement completes an investigation.

2. Support Services

a. Counseling: Students who have experienced interpersonal violence and their supportive friends/family members may receive free and confidential counseling at the:

  • University Counseling Center (216-397-4283) and/or
  • Cleveland Rape Crisis Center’s 24 hour hotline (216-619-6192) and/or
  • Domestic Violence and Child Advocacy Center’s 24 hour hotline (216-391-HELP)

b. Violence Prevention and Action Center (VPAC): VPAC coordinates an immediate and supportive response to incidents of interpersonal violence by providing a range of responses, including crisis intervention, safety planning, transportation, accompaniment to the hospital and/or to speak with law enforcement, assistance in obtaining a No Contact Directive and/or civil protection order/restraining order, resources/information, and referrals. Students can access these services by contacting the VPAC Program Coordinator through the JCU 24-hour Crisis Hotline at 216-397-CALL (2255).

c. Protective Measures: When the recipient of the behavior and the respondent participate in the same class(es) and/or reside in the same university residence or are in close proximity to one another (i.e. share the same athletic facilities, service sites, working situations, or transportation), the Dean of Students will consult with the appropriate individuals in making a determination regarding an appropriate alternative(s).

B. Reporting Options

The university encourages those who have experienced interpersonal violence to report these incidents to the Title IX Coordinator or the John Carroll Police Department and local law enforcement. Recipients of the behavior have the right, however, not to provide a statement to the Title IX Coordinator, JCUPD or local law enforcement.

Any student who wishes to receive more information on reporting processes, and/or obtain resource/referral information are encouraged to use VPAC. VPAC can also provide the recipient of the behavior with an advocate throughout the entire reporting process. The VPAC Program Coordinator can be reached at (216) 397-2175 or through the JCU 24-hour hotline at  (216) 397-CALL (2255).

Filing a report does not necessarily obligate the recipient of the behavior to pursue disciplinary or criminal charges. Although the local police and university officials (including the Title IX Coordinator and JCUPD) have an obligation to protect the community from those who have engaged in violations of the Interpersonal Violence Policy, including relationship violence, stalking, sexual harassment, sexual assault, non-consensual sexual contact, and sexual exploitation, they are also mindful of the needs and desires of the recipient of the behavior when addressing any alleged offenses. There may be instances in which the University and/or law enforcement bodies pursue charges without the cooperation of the recipient of the behavior.

The recipient of the behavior is welcome to choose to have one person, including the Program Coordinator from the Violence Prevention and Action Center, with them when meeting with the Title IX Coordinator or JCUPD to file a report. Additionally, the Cleveland Rape Crisis Center has a 24-hour Face-to-Face Advocacy program to provide support and information to the recipient of the behavior at the police department (local municipality and/or JCUPD). The recipient of the behavior can access advocacy programs through VPAC’s 24-hour hotline at (216) 397-CALL (2255).

  1. Filing a report with the Title IX Coordinator (216-397-1559): The recipient of the behavior can meet with the Title IX Coordinator to discuss possible violations of the Interpersonal Violence Policy, which include relationship violence, stalking, sexual harassment, sexual assault, non-consensual sexual contact, and sexual exploitation. The Title IX Coordinator can take a report and assign it to an investigator, which could be a Student Conduct Administrator, JCUPD, and/or another appropriate investigator. The Title IX Coordinator will report all allegations of interpersonal violence constituting felonies/serious crimes to JCUPD, which will report such crimes to the University Heights Police Department or appropriate local law enforcement.
  1. Filing a report with JCUPD (216-397-1234): The recipient of the behavior is encouraged to file a report with JCUPD, who may conduct an investigation. It is the general practice of JCUPD to report allegations of interpersonal violence constituting felonies/serious crimes to the UHPD. Reports are also forwarded to the Dean of Students Office and the Title IX Coordinator upon receipt.
  1. Filing a report with UHPD (216-932-1800):Criminal charges may be pursued after filing an initial report with UHPD. JCUPD and/or an advocate may accompany the recipient of the behavior in filing a report at UHPD.

C. Student Conduct Procedures

The Student Code of Conduct and Conduct Procedures are contained in the Community Standards Manual which can be found online at http://sites.jcu.edu/deanofstudents/pages/community-standards/conduct-system .The procedures include the following:

The conduct process shall provide a prompt, fair, and impartial resolution once the investigation has been completed. Typically, the entire process will take no longer than 60 days, excluding appeals, to complete. Investigations will be conducted by JCUPD officers, Student Conduct Administrators, or other investigators who have received training.

Conduct hearings will be conducted by Student Conduct Administrators/Boards/Panels who have received training on relationship violence, stalking, sexual harassment, sexual assault, non-consensual sexual contact, and sexual exploitation. Decisions regarding assignment of Student Conduct Administrators/Boards/Panels as the hearing body are made considering the severity, complexity, and timing of the situation needing resolution. The standard for conduct decision-making is whether it is more likely than not that the respondent student violated the Student Code.

Student Rights:  Recipient of the Behavior

A person who reports being the recipient of behavior that violates the Interpersonal Violence Policy or
other acts of violence by a John Carroll University student shall have the following rights under the
Student Code:

  1. The student is entitled to be given an explanation of the conduct system and the charge(s).
  2. The student is entitled to freedom from harassment or retaliation by others involved in the
    situation.
  3. The student is entitled to the use of all available internal and external support services in
    dealing with the aftermath of the incident.
  4. The student is entitled to object to a member of a Student Conduct Board/Panel for reasons of official or personal conflict of interest.
  5. The student is entitled to choose one advisor.  The advisor may accompany the   student throughout the conduct process including any initial meeting, conference, the
    hearing, and post-hearing meeting.
  6. The student is entitled to be present throughout the hearing, but not during the deliberations
    of the Student Conduct Administrator/Board/Panel.
  7. The student is entitled to view pertinent materials involved in the   allegation.
  8. The student is entitled to present pertinent information and the information of witnesses, excluding character witnesses, to substantiate the student’s allegation. This includes
    proposing questions to be asked of the respondent and/or witnesses.
  9. The student is entitled to freedom from having irrelevant personal history discussed or
    considered during the conduct process. (The Student Conduct Administrator will determine
    relevance.)
  10. The student is entitled to written documentation of the outcome of the conduct hearing.
  11. The student is entitled to make a written appeal of the disciplinary decision within five (5) business days of the date of notification of that decision. University disciplinary actions are appealed to the Dean of Students.

Student Rights:  The AccusedIn the hearing notification letter and again at the beginning of the hearing, the respondent student will be advised of the rights listed below. Students with any questions about their rights are encouraged to contact the Associate Dean of Students.

  1.  The student is entitled to be given an explanation of the conduct system and the charge(s).
  2. The student is entitled to freedom from harassment or retaliation by others involved in the situation.
  3. The student is entitled to the use of all available internal and external support services in dealing with the aftermath of the incident.
  4. The student is entitled to object to a member of a Student Conduct Board/Panel for reasons of official or personal conflict of interest.
  5. The student is entitled to choose one advisor. The advisor may accompany the student throughout the conduct process including any initial meeting, conference, the hearing, and post-hearing meeting.
  6. The student is entitled to be present throughout the hearing, but not during the deliberations of the Student Conduct Administrator/Board/Panel.
  7. The student is entitled to know all information presented against the student and to view pertinent materials supporting the allegations against the student.
  8. The student is entitled to present pertinent information and the information of witnesses, excluding character witnesses, to substantiate the student’s position and to respond to the charges against the student. This includes proposing questions to be asked of the recipient of the behavior and/or witnesses.
  9. The student is entitled to freedom from having irrelevant personal history discussed or considered during the conduct process. (The Student Conduct Administrator will determine
    relevance.)
  10. The student is entitled to remain silent (i.e., not to give information against oneself) but must be informed that the finding and outcome will be decided on the information presented.
  11. The student is entitled to written documentation of the outcome of the conduct hearing.
  12. The student is entitled to make a written appeal of the disciplinary decision within five (5) business days of the date of notification of that decision. University disciplinary actions are appealed to the Dean of Students.

The recipient of the behavior and the respondent student shall be informed, in writing, of the following:

  • the outcome of the conduct hearing;
  • the procedures for the appeals process;
  • any change in the results that occurs prior to the time the results become final;
  • when the results become final.

D.  Additional Resource Information
University Resources

More information on the student conduct system can be found at http://sites.jcu.edu/deanofstudents/pages/community-standards/conduct-system .

Information on student sexual harassment by a faculty or staff member can be found at http://webmedia.jcu.edu/hr/files/2015/02/Sexual-Harrassment-Policy.pdf .

The Title IX Coordinator is responsible for coordinating the University’s response to complaints of gender misconduct. The Coordinator ensures that all campus constituencies receive appropriate training. Individuals may meet with the Title IX Coordinator to learn more about the resources available and the processes followed or to voice any concerns about possible violations of Title IX, which include all allegations of sexual discrimination in the educational arena including but not limited to sexual harassment and sexual assault.

Title IX Coordinator: 216-397-1559

VPAC: Violence Prevention and Action Center:

University Counseling Center:

John Carroll Police Department:

Dean of Students Office:

Student Health and Wellness Center:

Local Resources

Cleveland Rape Crisis Center:

Domestic Violence and Child Advocacy Center:

Legal Aid Society:

Ohio Victims of Crime Compensation:

Witness/Victim Service Center:

LGBT Community Center of Cleveland:

National Resources

Rape, Abuse, Incest National Network: www.rainn.org

National Domestic Violence Hotline: www.ndvh.org

National Center for Victims of Crime: www.ncvc.org

National Stalking Resource Center: www.ncvc.org/src

Victim Information and Notification Everyday: www.vinelink.com – 800-770-0192

 

Effective August 12, 2015