/Institutions/Hebrew-Union-College-Jewish-Institute-of-Religion/json/current/Student-Handbook-local.json

/Institutions/Hebrew-Union-College-Jewish-Institute-of-Religion/json/current/Student-Handbook.json

Sexual Misconduct and Interpersonal Violence Policy and Complaint Procedure

http://huc.edu/sexual-harassment-sexual-assault-sexual-misconduct-reporting-form

Title IX of the Education Amendments of 1972 prohibits sex discrimination in educational programs and activities and in the terms and conditions of employment. All public and private schools, school districts, colleges and universities receiving federal funds must comply with Title IX. If you have experienced sexual discrimination, please review this policy for information about your Title IX rights. For purposes of this policy, sexual discrimination includes, but is not limited to, sexual harassment, sexual misconduct, sexual violence, relationship or dating violence, domestic violence and stalking (collectively referred to throughout this policy as “Prohibited Conduct.”). Title IX’s protections extend to faculty, administrators, staff, and students in both the work and academic environments. For more information about your rights in this regard, please carefully review this policy in its entirety. For information about harassment on the basis of other protected statuses, in addition to sex, see our Policy Against Unlawful Harassment (http://huc.edu/equity-inclusion/what-our-policy). The Hebrew Union College-Jewish Institute of Religion (“College-Institute) has adopted a grievance procedure that provides for the prompt and equitable resolution of student and employee complaints. For more information about our appeal and grievance procedure, see Appeal/Grievance Procedure-Sexual Misconduct and Interpersonal Violence.

The College-Institute does not tolerate any form of Prohibited Conduct. All individuals, whether governors, overseers, volunteers, students, staff, faculty, or administrators, found in violation of this policy shall be subject to disciplinary action up to and including suspension, expulsion, dismissal, or termination.

In dealing with members of the College-Institute community, individual integrity and respect are the primary focus of the College-Institute's concern. The College-Institute seeks to foster a climate free from Prohibited Conduct through a coordinated education and prevention program, the promulgation of clear and effective policies, as well as investigative and grievance procedures that are prompt, equitable, and accessible to all. In the event that the College-Institute finds that instances of Prohibited Conduct have occurred under the scope of this policy, the College-Institute will take immediate and appropriate steps to eliminate the misconduct, prevent its reoccurrence, and address its impact. A finding of no Prohibited Conduct under this Policy does not preclude a finding that another policy may have been violated.

Title IX Coordinator

Contact the National Human Resources office in order to reach the designated Title IX Coordinator for the College-Institute. The Title IX Coordinator for the College-Institute may be contacted at 3101 Clifton Avenue, Cincinnati, OH 45202: 513-487-3215.

Any questions concerning or related to this Policy should be directed to the Title IX Coordinator or the Deputy Title IX Coordinator, 212-824-2252.

Scope of the Policy

This Policy applies to all College-Institute community members, including governors, overseers, volunteers, students, prospective students, employees, applicants, faculty, administrators, and to those parties with whom our students and employees come into contact in the course of their employment or academic activity. Any person may report Prohibited Conduct (whether or not the reporter is the purported victim) in person, by mail, by telephone or by electronic mail to the Title IX Coordinator or the Dean of the Campus at issue and the report may be made at a time beyond normal office hours.

This Policy applies not only to Prohibited Conduct occurring within the typical classroom or campus settings, but also to any location owned or operated by the College-Institute as well as College-Institute-sponsored or College-Institute-sanctioned functions taking place outside those typical settings. Such College-Institute- sanctioned functions include, but are not necessarily limited to, Field-Based Educational Experiences. The College-Institute expects that all members of its community will help promote a learning and working environment free from Prohibited Conduct. Any such off-campus conduct that has an actual or potential adverse impact on another individual’s work or academic environment may also be addressed under this policy.

The College-Institute may consider the effects of off-campus misconduct when evaluating whether there is Prohibited Conduct under this policy.

Retaliation

The College-Institute will not tolerate any form of retaliation or unlawful interference taken against anyone who makes a complaint of conduct prohibited by this policy or anyone who cooperates in the investigation of a complaint of conduct prohibited by this policy.

Sexual Misconduct

Sexual misconduct includes, but is not necessarily limited to, sexual harassment, dating and/or domestic violence, sexual assault, sexual coercion, sexual exploitation, sexual intimidation or coercion, indecent exposure, and stalking.

Definitions

Sexual Harassment: Sexual harassment consists of unwelcome sexual advances, requests for sexual favors, and other physical, verbal, or visual conduct based on gender (opposite or same sex), gender identity, or sexual orientation when (1) submission to the conduct is an explicit or implicit term or condition of employment decisions or academic decisions; (2) submission to or rejection of the conduct is used as the basis for employment or academic decisions; or (3) the conduct has the purpose or effect of unreasonably interfering with a person’s performance or creating an intimidating, hostile or offensive working or academic environment.

Sexual Assault: Sexual assault is any forced or coerced sexual activity, committed against a person’s will or without consent. Rape is a sexual assault that includes but is not limited to forcing or attempting to force vaginal, anal, and oral penetration. In addition to rape, sexual assault also includes having or attempting to have sexual contact of any kind with another individual without consent. Sexual contact can include, but is not limited to, kissing, touching the intimate parts of another, causing the other to touch one’s intimate parts, or disrobing another without permission or consent.

Rape and sexual assault are crimes of violence with sex used as a weapon that can be committed by strangers, friends, relatives, dates, boyfriends, girlfriends, partners, lovers and/or spouses.

Sexual Exploitation: Sexual exploitation includes when a person takes sexual advantage of another person for the benefit of anyone other than that person without that person’s consent. Examples of sexual exploitation include, but are not limited to, photographing or recording someone involved in sexual activity or in a state of undress without that person’s knowledge or consent; voyeurism; non-consensual streaming or transmitting of images or video of another person involved in sexual activity; prostituting another person; or deliberately inducing incapacitation of another, with the specific intent to impair their ability to knowingly give or withhold consent.

Indecent Exposure: Indecent exposure includes the intentional exposure of one’s private or intimate parts of the body or engaging in any sexual conduct in a place where the conduct involved may reasonably be expected to be viewed by and affront others.

Dating Violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the complaining party'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. The violence covered by this definition includes, but is not limited to, sexual or physical abuse or the threat of such abuse, psychological abuse, and/or social isolation.

Domestic Violence: Violence committed by a current or former spouse or intimate partner of the victim; by a person with whom the victim shares a child in common; by a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner; 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, or 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. The violence covered by this definition includes, but is not limited to, sexual or physical abuse or the threat of such abuse, psychological abuse, and/or social isolation.

Stalking: Stalking includes repeated conduct involving unwanted attention, harassment, physical or verbal contact, or any other repeated conduct that would cause a reasonable person to fear for the person’s safety (or the safety of others) or suffer substantial emotional distress. This includes, but is not necessarily limited to, making unwelcome appearances at another’s residence; unwelcome contact via phone calls, text messages, or emails; and/or unwelcome contact through various internet or social media avenues (i.e. Facebook, Twitter, etc.).

Sexual Coercion/Intimidation: For purposes of this policy, sexual coercion means the use of unreasonable measures, including physical force or threats, in an attempt to force another to initiate or continue sexual activity against their will. Coercion may exist where such measures impair an individual’s ability to make a voluntary choice whether or not to engage in sexual relations.

Consent: Consent is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. Someone who is incapacitated (e.g., due to the use of alcohol or drugs; when an individual is unconscious or asleep; involuntary restraint; or because the individual suffers from any disability rendering him or her incapable of consent) cannot give consent. Prior consent to a sexual act and/or prior sexual relations between parties cannot be used by itself to assume present consent. Consent must be ongoing throughout any sexual activity and can be withdrawn at any moment. Consent is not present when it is the result of coercion, intimidation, force, or threat. Intoxication by alcohol or drugs does not excuse the person initiating the sexual act from ensuring that consent is present. The person initiating the sexual act must take all reasonable steps to ensure consent is present. The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identify, or gender expression.

Actual Knowledge: Actual knowledge means notice of sexual harassment or allegations of sexual harassment to the Title IX Coordinator, the Campus Dean or any administrator who has the authority to institute corrective measures. Imputation of knowledge based solely on vicarious liability or constructive notice is not actual knowledge. The actual knowledge standard is not met when the only person with actual knowledge is the accused. The mere ability or obligation to report prohibited conduct or to inform an individual about how to report it does not qualify an individual as one who has the authority to institute corrective measures.

Formal Complaint: Formal complaint means a document filed by a complainant or signed by the Title IX Coordinator alleging prohibited conduct by a respondent and requesting that the allegations be investigated. At the time of filing the formal complaint, a complainant must be participating or attempting to participate in the College-Institute’s education programs or employment.

Retaliation: Retaliation is action against anyone who makes a complaint of conduct prohibited by this policy or anyone who cooperates in the investigation of a complaint of conduct prohibited by this policy that will have the effect of discouraging a reasonable person from making such a complaint or cooperating in a complaint’s investigation. The exercise of rights protected under the First Amendment does not constitute prohibited retaliation nor does charging an individual with a Code of Conduct violation for making a materially false statement in bad faith in the course of a grievance proceeding provided that a determination regarding responsibility, alone, is not sufficient to conclude that any party made a materially false statement in bad faith.

The above definitions are those used by the College-Institute for its disciplinary policies. If you are interested in the specific criminal law definitions of the foregoing terms (to the extent they exist) in the state where your campus is located, please contact the Title IX Coordinator. Additionally, the educational programming described below will be tailored to your specific campus so as to provide another resource available to educate you regarding the above terms.

Options and Recommendations for Assistance

Interim Measures: Interim measures, also called supportive measures, are non-disciplinary, non- punitive individualized services offered, as reasonably available, and without fee or charge to the complainant or the respondent. Such measures are designed to restore or preserve equal access to the College-Institute education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties, the College-Institute’s educational environment, or deter prohibited conduct. Supportive measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures.

Protective Measures: In addition to the interim measures described above, other protective measures also may be available by contacting law enforcement and/or the local prosecutor’s office. For example, in addition to the normal criminal process, law enforcement and/or the local prosecutor’s office may assist an individual in obtaining a protection order. A protection order is a temporary order intended to help provide safety and protection to victims of certain crimes.

If you have a protection order against someone and that person violates the protection order in any way, law enforcement may be able to arrest that person and charge that person with a violation of the protection order. If needed and to the extent necessary, the College-Institute will provide assistance in obtaining a protection order. Please contact the Title IX Coordinator for more information about these protective measures, including for contact information for local law enforcement and/or the local prosecutor’s office.

Educational Programming: The College-Institute provides educational programming designed to target, prevent, and eliminate Prohibited Conduct. That programming includes, but is not necessarily limited to, primary prevention programs, awareness programs, ongoing prevention and awareness campaigns, programs regarding bystander intervention, and programs regarding risk reduction.

Medical Treatment and Services: If you have been the victim of Prohibited Conduct, it is important and necessary to immediately seek any appropriate follow-up medical attention for several reasons: first, to assess and treat any physical injuries you may have sustained; second, to determine the risk of sexually transmitted diseases or pregnancy and take preventive measures; and third, to gather evidence that could aid criminal prosecution. Physical evidence should be collected immediately, ideally within the first 96 hours. It may be collected later than this, but the quality and quantity of the evidence may be diminished. A special exam should be conducted as soon as possible following any physical harm to make sure of your physical well-being and to collect evidence that may be useful in criminal proceedings. Even if you have not been physically hurt, this special exam is strongly recommended to maintain all your legal options. After the evidence is collected, it is stored in case you wish to press criminal charges. The exam is typically performed by a Sexual Assault Nurse Examiner (S.A.N.E.).

Advocacy, Counseling, Emotional Support, and Other Services Available: Contact information for Additional Resources and Services is located below.

Awareness and Preparation: Often times your first line of defense to any type of harm is your own awareness and preparation. Be aware of your capabilities and limitations. Your judgment and thinking will often be your best weapons. Evaluate the situation for possible avenues of escape. Your first concern should be for your safety and survival. Use your judgment to do what is necessary to save your life. That may involve making a scene or drawing others’ attention so that the assailant leaves. It may buy you enough time to escape. It may involve fighting back. It may mean not physically resisting. If you choose not to physically resist the attack, it does not mean that you have asked to be assaulted or harmed. It means that you did what you needed to do to survive. Remember - there is no one “right” way to respond. The person being attacked is the best judge of which options will work well for him or her in that situation.

This information, as well as other information throughout this policy, is designed to assist in reducing the risk of violence in the College-Institute community. Risk reduction information is designed to decrease perpetration and bystander inaction, and to increase empowerment for victims in order to promote safety and to help individuals and communities address conditions that facilitate violence.

Recommended Steps if you are the Victim of Prohibited Conduct:

1. Get to a safe place as soon as you can. Try to preserve all physical evidence.
2. If it can be avoided, do not wash, use the toilet, or change clothing. If you do change clothes, put all clothing you were wearing at the time of the attack in a bag separated from other materials.
3. Get medical attention within 96 hours, if possible, to make sure you are physically well and to collect important evidence in the event you may later wish to take legal action. If the incident occurred on a College-Institute Campus, immediately contact the Title IX Coordinator, the local police, or any on-campus security. For campus security, contact:

      Cincinnati: 1-513-383-2559

      New York: 1-212-824-2282

      Los Angeles: 1-213-745-7758

   We advise you to add these numbers to your phone’s contact list.

4. Contact and report the incident to the Title IX Coordinator. The Title IX Coordinator will assist you in notifying any other appropriate authorities.
5. Contact someone you trust to be with you and support you.