Talking Title IX: Ohio U’s sexual misconduct grievance process

Graphic by Maggie Prosser.

At the start of the month, The Athens News reported that the Ohio University Board of Trustees revoked the tenure and rescinded the employment of former journalism professor Yusuf Kalyango. This decision came three years after Kalyango was found to have violated Title IX by sexually harassing two graduate students.

Kalyango was suspended in 2018 and disciplinary action was pending after he was found to have violated university policy by sexually harassing graduate students via quid pro quo, creating a hostile work environment and harassing a student on the basis of sex, according to The Athens NEWS.

In August 2020, the Department of Education enacted new guidelines regarding how schools were to handle potential Title IX violations. These changes were done to preserve due process protections for those accused, according to a 2020 press release from the Department of Education.

Although Title IX is not the same as it was in 2018, it remains a vital document for preserving the rights of students and faculty at Ohio University. This is The New Political’s guide to the policies and processes that make up Title IX at Ohio U, as it stands today.

WHAT POLICIES ARE AT PLAY AT OHIO UNIVERSITY? 

At Ohio U, there are many policies that can play into a report of sexual misconduct. Title IX and Ohio U Policy 03.004 are the two primary policies. These two policies, although different, follow the same grievance process.

What is Title IX?

Title IX of the Education Amendments of 1972, often simply referred to as Title IX, prohibits sex-based discrimination in educational institutons that receive federal funding. Under Title IX, schools have to respond to and remedy situations that create an unsafe or hostile environment.

According to the U.S. Department of Health and Human Services, Title IX provides protection against discrimination in educational programs, activities, research, admissions, housing, employment and financial help and health care. The discrimination described here includes sexual misconduct.

As a federally-funded institution, Ohio U is required to follow guidelines set by the Department of Education regarding Title IX claims. One of the guidelines requires a Title IX Coordinator, who is responsible for overseeing the process. Ohio U’s Title IX Coordinator is Kerri Griffin.

The recent Title IX amendments have changed what qualifies as a violation under Title IX. Griffin described these changes in a Zoom interview.

“The new regulations describe Title IX sexual harassment in a really specific way: It has to happen on campus, in a university program or activity. It has to be a certain set of behaviors,” Griffin said.

These new rules are stricter and more specific about what counts as a Title IX violation. Some grievance cases, however, may be dismissed under Title IX but continued through University Policy.

What is University Policy 03.004?

Ohio U Policy 03.004 went into effect Aug. 14, 2020. According to the policy, its purpose is to inform Ohio U community members of prohibited behaviors, provide support services and remediation to alleged victims of sexual misconduct, and provide an impartial process for all involved.

Everyone in the Ohio U community is required to follow this policy, whether they are a student, employee, faculty or third-party relating to the university. This policy also applies during semester breaks, leaves of absence or other periods of dismissal. There is no time limit on making a complaint.

This policy outlines eight offenses: sexual harassment under Title IX, sexual harassment by quid pro quo, sexual assault, domestic violence, stalking, dating violence, sexual harassment under University Policy and sexual exploitation.

This policy also provides amnesty for drug and alcohol violations under the Student Code of Conduct. This is only in the case that alcohol was used to violate this policy.

WHAT DOES THE GRIEVANCE PROCESS LOOK LIKE?

To better understand the grievance process, it helps to break the process into four stages: pre-investigation, investigation, hearing and post-hearing. It is worth noting that at any time, a complainant, the alleged victim of sexual misconduct, can withdraw a complaint.

Pre-investigation

When an Ohio U student or staff member experiences, witnesses or hears about an incidence of sexual harassment or sexual misconduct, they can make the university aware through the Sexual Harassment and Other Sexual Misconduct Grievance Process. The grievance process begins when a report is filed with the Office of University Equity and Civil Rights (ECRC).

“My office gets involved when we get a report that somebody may have been the victim of sexual misconduct. Language is very important because a report is not the same thing as a complaint,” Griffin said. “So a report just means that somebody has filed through our website or sent us an email that says ‘I was the victim of a sexual misconduct’ or ‘This person has been the victim of a sexual misconduct.’”

After receiving a report, the Title IX office should reach out to the complainant to offer supportive measures, like counseling services or a no-contact order, and the staff sets up a meeting with the individual to discuss what the grievance process would entail, if they file a formal complaint.

A formal complaint must be in writing and is considered the official start of the grievance process.

“If the complaint has enough information in it, we send a notice of investigation and allegations out to the responding party (the party whom the allegations are against) and then invite that person for a meeting,” Griffin said.

If the complainant does not wish to file a formal complaint, supportive services will continue and the case likely will be closed. In some circumstances, the Title IX Coordinator will sign a formal complaint without a complainant.

At any point after a formal complaint is filed, an assessment is done by the Title IX Office to determine whether the case would be dismissed under Title IX. If the case is dismissed, there is an appellate process.

Just because the case is dismissed under Title IX does not mean the process ends there.

“Let’s say somebody reports a sexual misconduct that occurred in an off-campus apartment. We look at all the facts. Under the regulations, I have to dismiss it under Title IX,” Griffin said. “I have to send them a letter that says, ‘We’re dismissing this under Title IX.’ It’s a mandatory dismissal because that's what the law says we have to do. But we’re going to do it under University Policy, because if the facts alleged are true, they would violate University Policy.”

Investigation

The Title IX Coordinator assigns two investigators to the case. Their responsibility is to conduct interviews and collect evidence relating to the case. They are also responsible for the investigative report to be shared at the hearing panel.

“They gather as much information as they can,” Griffin said. “Including documents, screenshots and emails. Whatever they have, video. Gather up all the evidence they have that says, ‘Here, this is proof that this happened.’”

Once the investigation is completed, a copy of the investigative report is shared with both parties, presenting an opportunity for any party involved to correct anything wrong or add any missing details to the report. After all needed corrections are made, the investigative report is finalized. Once finalized, it is shared with involved parties.

The hearing

The hearing phase begins with a notice of hearing sent to both parties. This document contains information regarding the hearing including date, time, location and other relevant information. Additionally, separate pre-hearing meetings are held at least five days before the hearing.

The live hearing occurs next. It is important to note that a respondent in this process is assumed innocent until proven guilty.

“In our process, responders are presumed to have not done it,” Griffin said. “I think that people think that the decision has already been made — and it has not.”

At Ohio U, the hearing panel consists of three panelists, a designated hearing chair and two others. Present at the hearing are the panelists, investigators, involved parties, called witnesses and advisors to the complainant and the respondent.

According to the ECRC website, the hearing is to be conducted like so:

• The hearing chair begins by discussing expectations for the hearing and gives a brief overview of the allegations — the chair may ask investigators questions at any point.

• The complainant will be able to respond to the investigative report and the hearing panel can ask questions. Then, the respondent’s advisor can question the complainant. 

• Afterwards, the respondent will be able to respond to the investigative report and the hearing panel can ask questions. Then, the complainant’s advisor can question the respondent. 

• The hearing panel will call witnesses and ask them questions, then the complainant’s advisor and the respondent’s advisor will be able to question witnesses.

• Finally, both the respondent and the complainant will be able to make summary statements.

After all evidence is presented, the hearing panelists will deliberate and make their findings on a majority vote. Once a hearing panel has their decision, they will provide a written statement of finding to the Title IX coordinator. 

After the hearing

After a statement of finding is received, the Title IX Coordinator and the hearing chair prepare a notice of outcome. The notice of outcome will be sent to involved parties, and includes a final determination, rationale, summary of allegations, policies that were violated and a description of the procedural steps taken by Ohio U.

The notice of outcome contains information about sanctions, or disciplinary actions, taken against an individual.

There are different sanctions towards Ohio U students or student-related organizations and Ohio U staff. Sanctions taken against students or student groups can include reprimand, disciplinary probation, disciplinary suspension and disciplinary expulsion. Sanctions that can be taken against employees include censure, reprimand, suspension without pay, demotion and/or loss of tenure and dismissal/termination of employment.

In the notice of outcome, there is information about appealing the decision or sanctions found in the hearing. An appeal can be granted in cases if there was a procedural irregularity, new evidence comes to light or the Title IX Coordinator, investigators or hearing panelists had a conflict of interest or bias. If the appeal is granted, then there will be a new hearing, new sanctions and/or the case will be remanded. If there is no appeal or the request for appeal is denied, the findings of the grievance process and sanctions are final. 

If any Ohio U student, employee or community member has or knows someone who has experienced sexual misconduct, they can make a report using:

• The online reporting form on the ECRC website, https://www.ohio.edu/equity-civil-rights

• Email equity@ohio.edu or titleIX@ohio.edu

• Phone (740) 593-9140

Survivors of sexual misconduct or sexual violence can contact they following resources for additional support:

• Survivor Advocacy Program (for Ohio U Students) — (740) 597-SAFE (7233); survivor.advocacy@ohio.edu

• Survivor Advocacy Outreach Program (for Ohio U employees or community members) — (740) 591- 4266

• My Sister’s Place — 1-800-443-3402

• Ohio University Counseling and Psychological Services — (740) 593- 1616