“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.”

Title IX of the Education Amendments of 1972
Implementing Regulations at: 
20 U.S.C § 1681 & 34 C.F.R. Part 106

This following list of individuals are the Title IX Resolution Team. Their job is to oversee the Title IX compliance at the university:

• Melody Scott, Vice President for Student Development, Title IX Coordinator
• Monica Hershberger, Interim Dean of Community Life, Interim Deputy Title IX Coordinator
• Mike Hudson, Interim Director of Human Resources, Title IX Deputy Coordinator for Employees
• Anna Meadows, Director for Center for Student Success, Deputy Title IX Coordinator
• Julie Harris, Director of Library Services
• Andrea Ramsey, Informal Resolution Facilitator, Title IX Deputy Coordinator
• Jack Angelo, Director of Campus Safety
• Holly Kibler, TIX Appeals Chair
• Anonymous complaints can also be submitted through Campus Shield Safety App on your phone.

The Clery Act requires colleges and universities that receive federal funding to disseminate a public annual security report (ASR) to employees and students every October 1st. This ASR must include statistics of campus crime for the preceding 3 calendar years.

ASRs must also include policy statements regarding (but not limited to) crime reporting, campus facility security and access, law enforcement authority, incidence of alcohol and drug use, and the prevention of/response to sexual assault, domestic or dating violence, and stalking.

For matters related to student sex-based offenses or Title IX concerns, contact the Title IX Coordinator.

 The Coordinator (or designee) will investigate and assist students with:

• Access to medical and mental health treatment
• Reporting the offense to law enforcement
• Providing victim support and resources

Investigation Procedures – Preliminary & Remedial Action

Preliminary Investigation

The Coordinator will seek the victim’s consent to investigate the report. If the student consents to the investigation, the Coordinator (or designee) will meet with the complainant to discuss the investigation and review the details of the allegation and to explain the subsequent steps involved in the investigation of a sex-based offense.

An investigation by the Coordinator (or designee) generally will not begin without the consent of the student unless the Coordinator determines circumstances warrant investigation. The Coordinator will evaluate the request for confidentiality in the context of the University’s obligation to provide a safe and nondiscriminatory environment for all students. The Coordinator will weigh the request for confidentiality against the nature of the alleged assault (e.g., use of force or threat of force, alleged use of “date rape” drugs); whether there have been other complaints against the same person; and the accused’s right to access the complaint. If the victim insists that his or her privacy be protected and that his or her name or other identifiable information not be disclosed to the accused, the Coordinator will advise the victim of the University’s limited ability to respond to the complaint and that disciplinary action cannot be instituted without a written signed complaint and disclosing the victim’s identity. The Coordinator (or designee) may take other steps to limit the effects of the alleged assault and prevent its recurrence.

The Coordinator (or designee) will review the victim’s report. If the report alleges potential criminal conduct and the police have not been notified the Coordinator will notify MUPD and or CPD.

The Coordinator (or designee) will inform both parties of the respective time and place of the interviews of the parties and any witnesses. Contact between the parties will be limited to necessity. During this stage of investigation, both the accuser and the accused have the right to be accompanied by an advocate. The purpose of the preliminary investigations is to ascertain to a reasonable suspicion if there may have been a sex-based offense and what immediate responses need to occur. At the conclusion of the interviews, the Coordinator (or designee) will prepare a preliminary report of the findings of the investigation.

During any stage of the investigation, if the Coordinator (or designee) reasonably suspects that the accused poses an imminent threat of harm or disruption to the campus community, the Coordinator may initiate disciplinary charges through the Student Conduct coordinator up to and including an interim suspension.

Remedial Action

In the event the Coordinator (or designee) finds by a preponderance of the evidence that sex-based offenses did occur, the University will take immediate steps to end the sex-based offenses, eliminate any hostile environment that has been created, prevent any further sex-based offenses and prevent retaliation. Additional remedial action including victim counseling, tutoring, no-contact orders, and/or permitting a student to retake a course may be applied. In addition, the accused may be required to participate in educational intervention.

Students who have been sexually assaulted have access to support services such as changing academic and living situations under the purview of the University after an alleged incident, if so requested and if such changes are reasonably available (no police report, disciplinary charge or investigation need occur before this option is available). Support may include but not be limited to:

• Changing class assignments so that the victim and alleged perpetrator do not share the same classes.
• Providing academic support, including tutoring.

The student has the right not to file a written report with police or with the office of Student Development. However, absent egregious and compelling circumstances, the University will not initiate disciplinary action against the accused in the absence of a written signed complaint from the victim.

Retaliation

Retaliation against a person who: reports a crime; brings a complaint; pursues legal action; participates in an investigation; or, is a witness in any proceeding is prohibited and will not be tolerated. Students who retaliate will face University discipline.

Rights and Responsibilities of Victims and Witnesses

Malone University urges people who have been the victim of sex-based offenses to pursue criminal charges against the person or persons they believe to have committed the crime. A criminal charge and a disciplinary charge may be pursued at the same time; however, students may pursue a disciplinary complaint without pursuing criminal charges. Victim support and resources are available even if a student elects not to pursue criminal charges or University disciplinary action.

Individuals having knowledge of a sex-based offense (including dating violence, domestic violence and stalking) also are strongly encouraged to timely report that crime to the police.

In fact, under Ohio law, persons who have knowledge of a felony – a victim of or witness to the crime – are required to report the crime to the police and failure to report a crime may itself be a crime.  (Ohio Revised Code §2921.22.)

These individuals also are encouraged to contact the Title IX Coordinator to discuss options for safe and positive intervention.

• The investigatory procedures contained in the University’s Sexual Harassment Policy will continue to apply to all instances of sexual harassment and Title IX. The term “sexual harassment” shall continue to be broadly construed to include all instances of gender discrimination, including but not limited to sexual misconduct, sexual violence, sexual assault, and any other sexually motivated physical conduct. Sexual assault includes any form of unwanted sexual contact obtained without consent and/or obtained by the use of force, threat of force, intimidation, or coercion.
• The University reserves the right to refer any sexual conduct, defined as criminal conduct, to the appropriate external agency, including the prosecutor, the police, or any other appropriate investigative agency. Some sexual conduct, because of its severity, will require mandatory reporting by the University, regardless of a complaining party’s wishes to keep the matter confidential.
• All University faculty, including part-time faculty, are considered “responsible employees” pursuant to Title IX. All responsible employees who receive notice of sexual harassment/sexual misconduct have an affirmative obligation to report the alleged conduct to the Title IX Coordinator, or Deputy Title IX Coordinators. The only University employee’s not required to report Title IX violations are those “confidential employees” that work in Health Services / The Counseling Center or the Campus Pastor.
• All investigations conducted pursuant to the Sexual Harassment Policy, will be done by trained investigators. Investigations involving Malone employees will be conducted through the Human Resource Office. The investigators will apply the preponderance of the evidence standard of proof when making a finding. Preponderance of the evidence means that it is “more likely than not”, or higher than a 50% chance, that a violation of the policy has occurred.
• Any complainant not satisfied with the results of an investigation will have the right to appeal such findings to the Title IX Coordinator. The party filing the appeal shall give notice of the appeal to the Title IX Coordinator. If the complainant appeals the finding, the investigation will be reviewed for procedural fairness, including due process.
• The Deputy Title IX Coordinator for Employees has the ability to enact interim measures to protect the complainant and to ensure a safe educational or work environment.
• The University will investigate all allegations of sexual harassment, including, sexual assault and sexual violence. The University will investigate those matters that occur off campus, if there is a connection to University academic, educational, extracurricular, athletic, or other programs or activities. The administrative investigation will be conducted pursuant to the Sexual Harassment Policy, regardless of any criminal complaint that may have been made. A complainant will still have the option of filing a complaint with the appropriate administrative agency, including the police.

Malone University is committed to timely investigating all allegations of sexual harassment, including sexual assault and sexual violence, and immediately eliminating the alleged conduct, seeking to prevent its recurrence, and addressing its effects. Continuing to conduct investigations pursuant to University policy ensures fairness and due process for all parties involved in the complaint process.

Rights and Responsibilities of Victims and Witnesses

Malone University urges anyone that has been the victim of a sex-based offenses to pursue criminal charges against the person or persons they believe to have committed the crime. A criminal charge and a disciplinary charge may be pursued at the same time; however, individuals may pursue a disciplinary complaint without pursuing criminal charges. Victim support and resources are available even if an individual elects not to pursue criminal charges or University disciplinary action.

Individuals having knowledge of a sex-based offense (including dating violence, domestic violence and stalking) also are strongly encouraged to timely report that crime to the police.

In fact, under Ohio law, persons who have knowledge of a felony – a victim of or witness to the crime – are required to report the crime to the police and failure to report a crime may itself be a crime.  (Ohio Revised Code §2921.22.)

These individuals also are encouraged to contact the Title IX Coordinator to discuss options for safe and positive intervention.