Non-Discrimination, Harassment,
and Sexual Misconduct Policy
Frequently Asked Questions
The Ohio State University Office of Institutional Equity equity.osu.edu
Non-Discrimination, Harassment, and Sexual Misconduct Policy FAQ
Fre
quently Asked Questions
Page
1 of 7 Revised
9/15/
2022
1. Why is this policy important?
• Promoting a safe and healthy campus climate for our students and for all members of theuniversity
community is our top priority.
• Discrimination and harassment, including sexual misconduct, impede the realization of the
university’s mission of distinction in education, scholarship, and service.
• All members of the university community are expected to conduct themselves in a manner that
maintains an environment free from discrimination, harassment, and sexual misconduct.
2. Who is covered by this policy?
• This is a unified policy and applies to our entire university community: all employees (faculty, staff,
stud
ent employees, and graduate associates) as well as students, appointees, volunteers,
suppliers/contractors, and visitors.
3. What topics and behaviors does the policy cover?
• The policy covers key definitions, the role of the Office of Institutional Equity (OIE), harassment,
dis
crimination, romantic and/or sexual relationships, employee duty to report, confidentiality,
retaliation, investigation and resolution options, remedies, interim measures, process abuse and
false allegations, and use of allegations in employment or academic actions.
• The policy details procedures for reporting allegations of harassment, discrimination, and sexual
misconduct, reporting retaliation, conducting investigations, and notification of findings.
4. What behaviors does the policy prohibit?
• The policy prohibits discrimination and harassment on the basis of protected class.
• The policy prohibits sexual misconduct which includes sexual harassment, sexual violence,
relation
ship violence, stalking, and sexual exploitation.
• The policy also prohibits certain relationships between individuals in a supervisory, teaching,
evaluation, advising, coaching, or counseling relationships.
5. What is discrimination?
• Discrimination (disparate treatment and disparate impact) occurs when an adverse action is taken
under uni
versity authority against a university community member in an educational program or
activity and the action is based upon one’s protected class status.
• Disparate treatment occurs when one suffers less favorable treatment than others because of their
protected class status.
• Disparate impact occurs when a university policy or practice, although neutral on its face, adversely
imp
acts persons in a protected class.
6. What is harassment?
• In the employment context, harassment is unwelcome verbal or physical conduct based on a
prot
ected class that unreasonably interferes with an individual’s work performance or creates an
intimidating, hostile, or offensive work environment.
• In the education context, harassment is unwelcome verbal or physical conduct based on a protected
class that interferes with, denies, or limits an individual’s ability to participate in or benefit from the
university’s educational programs and activities.
• Harassment can take two forms: power differentials (quid pro quo) or hostile environment.
Non-Discrimination, Harassment,
and Sexual Misconduct Policy
Frequently Asked Questions
The Ohio State University Office of Institut ion a l Equity equity.osu.edu
Non-Discrimination, Harassment, and Sexual Misconduct Policy FAQ
Fr
equently Asked Questions
Page 2 of 7 Revised
9/15/2022
7. What are the protected classes?
• Protected class is defined by federal law/executive order, federal agencies, or Ohio State policy. The
protected classes include: age, ancestry, color, disability, ethnicity, gender, gender identity or
expression, genetic information, HIV/AIDS status, military status, national origin, pregnancy, race,
religion, sex, sexual orientation, veteran status, or any other bases under the law.
8. What is sexual misconduct?
• Sexual misconduct is a form of sex- and gender-based discrimination. The policy defines sexual
mi
sconduct as a broad term that encompasses:
o Sexual harassment,
o Sexual assault,
o Relationship violence,
o Stalking, and
o Sexual exploitation.
9. What is sexual harassment?
• Sexual harassment is a form of sexual misconduct.
• Sexual harassment differs from the employment context (working for the university) to the
education context (being a student of the university), so the policy defines sexual harassment in both
contexts.
o Employment context: Unwelcome, sex- or gender-based verbal or physical conduct that
unr
easonably interferes with an individual’s work performance or creates an intimidating,
hostile or offensive work environment.
o Education context: Unwelcome, sex- or gender-based verbal or physical conduct that is
su
fficiently severe, persistent or pervasive that it interferes with, denies or limits an
individual’s ability to participate in or benefit from the university’s educational programs
and activities.
• No matter the context (employment or education), sexual harassment can take two forms:
o Power differentials (commonly called “quid pro quo”)
o Hostile environment
• A single or isolated incident can constitute sexual harassment if it is severe enough to create a hostile
environment.
10. Why are there two different definitions for sexual harassment?
• The definitions result from the different legal requirements for each type of setting. In the
em
ployment context, sexual harassment is covered by Title VII of the Civil Rights Act of 1964
(employment law) and Title IX of the Educational Amendments of 1972 (nondiscrimination law
regarding sex and gender). In the education context, sexual harassment is covered by Title IX of the
Educational Amendments of 1972 (nondiscrimination law regarding sex and gender).
11. What are some examples of conduct that could constitute sexual harassment?
• Verbal
o Making sexual comments about a person’s body
o Sexual jokes, comments, or innuendos
o Unwanted flirtation, advances, or propositions
o Whistling, cat calls
o Asking about sexual fantasies, preferences, or history
o Telling lies or spreading rumors about a person’s sex life
Non-Discrimination, Harassment,
and Sexual Misconduct Policy
Frequently Asked Questions
The Ohio State University Office of Institut ion a l Equity equity.osu.edu
Non-Discrimination, Harassment, and Sexual Misconduct Policy FAQ
Fr
equently Asked Questions
Page 3 of 7 Revised
9/15/2022
• Non-Verbal
o Leering or looking a person up and down (elevator eyes)
o Sexual gestures with hands or through body movements
o Facial expressions such as winking, throwing kisses, or licking lips
o Display/transmission of sexually suggestive objects, visuals, or electronic content
• Physical
o Any unwelcome physical contact of a sexual nature, such as:
o Unwanted massages or touching a person’s hair, clothing or body
o Hugging, kissing, patting or stroking
o Touching or rubbing oneself sexually around another person
12. What is a prohibited relationship?
• Romantic and/or sexual relationships that are not allowed due to power differentials. A power
di
fferential exists when one party is responsible, at least in part, in their official capacity for
supervising, evaluating, teaching, advising, coaching, or counseling the other party.
• Examples of these relationships include physician/patient, instructor/student,
supervisor/supervisee, etc.
• Even when not otherwise prohibited, the university discourages any romantic and/or sexual
relatio
nships between faculty and students due to the possibility of a power differential, including
but not limited to such relationships between faculty and graduate students when in the same
department and between faculty and undergraduate students majoring in the faculty member’s
area of expertise.
13. Is sexual misconduct only male to female? Supervisor to employee? Faculty to student?
• All of the behaviors that fall under sexual misconduct can happen to or be perpetrated by anyone
agai
nst anyone: male, female, trans, or non-binary faculty, staff, students, student employees,
graduate associates, appointees, volunteers, suppliers/contractors, or visitors.
14. Why do all employees have a duty to report sexual assault?
• Ohio State relies on its employees and community members to report allegations of sexual assault so
th
e university can connect those impacted by sexual assault with resources and options for
investigation, including reporting to law enforcement. The university will take prompt and
appropriate action to stop sexual assault and prevent its recurrence and relies on its employees to
report when behavior like this has occurred so it can be addressed.
• All Ohio State employees have been designated as mandatory reporters or “responsible employees”
fo
r sexual assault under Title IX, and as such, they must immediately share all known information
with the university in order to fulfill those obligations.
15. Why do some employees have an additional duty to report harassment, discrimination, all other
incidents of sexual misconduct, and prohibited relationships?
• Human Resources Professionals; anyone who supervises faculty, staff, students, and volunteers;
chairs/directors; and all faculty members have an additional obligation to report known or
suspected incidents of discrimination, harassment, sexual misconduct and prohibited relationships.
Because of their positions of authority, these individuals have always had a heightened
responsibility to report harassment, discrimination, prohibited relationships, and all other
incidents of sexual misconduct, including sexual harassment, relationship violence, stalking, and
sexual exploitation.
Non-Discrimination, Harassment,
and Sexual Misconduct Policy
Frequently Asked Questions
The Ohio State University Office of Institut ion a l Equity equity.osu.edu
Non-Discrimination, Harassment, and Sexual Misconduct Policy FAQ
Fr
equently Asked Questions
Page 4 of 7 Revised
9/15/2022
16. Who doesn’t have to report?
• Only those employees expressly identified as a confidential reporter are exempt from the duty to
report.
• At Ohio State, this list includes:
o Professional counselors,
o Pastoral counselors,
o Other employees with a professional license requiring confidentiality who are functioning
wi
thin the scope of that license or certification and their university employment (e.g.,
physician with dual appointments as a clinician and a professor), and
o Employees who are functioning within the scope of their university employment and who
are supervised by or performing duties for university employees with a professional license
requiring confidentiality (e.g., Student Health Center employees or Medical Center
employees functioning within the scope of that license or certification).
17. I am an employee who works in an office that provides confidential support resources for the
university, and I am supervised by a clinician with professional privilege (i.e. Counseling and
Consultation Service or Student Health Services). If I become aware that a patient/client has
experienced harassment, discrimination, or sexual misconduct in the course of my responsibilities
as an employee, do I have a duty to report under the policy?
• No. You are exempt from the duty to report. Since you are engaging in duties that support the
cl
inician with professional privilege, even if not directly supervised by such a person, you would be
covered by the privilege as well.
• You are not exempt if someone makes a disclosure to you outside of your patient care
responsibilities.
18. What must employees report, when, and to whom?
• All employees have an obligation to immediately report that a sexual assault has occurred and all
know
n information that would lead a reasonable person to believe that sexual assault may have
occurred involving anyone covered under the policy.
o The policy covers faculty, staff, students, student employees, graduate associates,
appoi
ntees, volunteers, suppliers/contractors, and visitors
• Anyone who supervises faculty, staff, students, and volunteers; chairs/directors; faculty members;
and
HRPs have an additional obligation to report all harassment, discrimination, other incidents of
sexual misconduct, and prohibited relationships within five business days.
• It does not matter when or where the incident occurred; if you receive a disclosure or otherwise
le
arn the information, you must report.
• These reports should be directed to the Office of Institutional Equity.
• Anonymous reports do not fulfil the employee duty to report.
19. Are there any instances when an employee might not have to report?
• Yes, under very limited circumstances, an employee is not required to report if information is
di
sclosed:
o At a public awareness event when individuals do not intend to make a disclosure such as
“T
ake Back the Night,” candlelight vigils, protests, survivor speak-outs, etc.;
o To student employees when they are operating outside of their official work capacity; or
o During an individual’s participation as a subject in an Institutional Review Board (IRB)-
approved
human subjects research protocol.
• Employees who are confidential reporters are not required to report (see question 16).
Non-Discrimination, Harassment,
and Sexual Misconduct Policy
Frequently Asked Questions
The Ohio State University Office of Institut ion a l Equity equity.osu.edu
Non-Discrimination, Harassment, and Sexual Misconduct Policy FAQ
Fr
equently Asked Questions
Page 5 of 7 Revised
9/15/2022
20. Is there training available on the policy and these topics?
• OIE provides customized training on its policies and processes by request. Please contact
[email protected] to request a training for your unit, team, or department.
• Online sexual misconduct training modules have been available since Fall 2015 for undergraduate
students, graduate/professional students, and employees/volunteers. Online prevention and
awareness training are mandatory for all employees and students.
• Mandatory training for employees
o “Report = Support!” is an interactive, easy-to-follow course in BuckeyeLearn that takes less
th
an 30 minutes to complete. It will continue to be assigned to every employee’s
BuckeyeLearn transcript each year.
• Mandatory training for students
o All students are required to complete the online course, “U Got This!” annually. The
interactive, easy-to-follow course takes approximately 45-60 minutes and is available
in BuckeyeLearn. It will be assigned to every student’s BuckeyeLearn transcript each year.
• For more information on training requirements and consequences for non-completion, visit the
training page on the Title IX website.
21. What if I’m a student and an employee?
• The policy covers you! If harassment, discrimination, or sexual misconduct arises involving
in
dividuals who are both students and employees, the situation is assessed in the context in which
the misconduct arose.
• For example, a student employee who harasses a co-worker will typically be investigated in the
employment context, because that is where the behavior arose and impacted others. However,
information about the incident will also be reviewed to determine whether the student disciplinary
process should be initiated, and if the student is found in violation as a result of an investigation
process, separate sanctions may be issued.
22. I’m a volunteer for a program at the university, does this policy cover me and what is myrole?
• Yes, this policy applies to you as a member of the university community.
• If you are subject to harassment, discrimination, or sexual misconduct by a member of the OSU
community, you may report and have the incident investigated per the Non-Discrimination Policy.
23. Can I file a confidential complaint?
• The university recognizes the importance of confidentiality but cannot promise complete
conf
identiality. Information received in connection with the reporting, investigation, and resolution
of allegations will be treated as private and will only involve individuals whom the university
determines are necessary to conduct an appropriate investigation, to provide assistance and
resources to parties, to perform other appropriate university functions, or in accordance with
applicable law.
• If an incident is disclosed or reported to the university and the individual requests that no
in
vestigation be conducted or disciplinary action be taken, the OIE Director will explain that the
university prohibits retaliation and explain the steps the university will take to prevent and respond
to retaliation if the individual participates in a resolution process. The OIE Director will evaluate the
request to determine whether the university can honor the request while still providing a safe and
nondiscriminatory environment.
Non-Discrimination, Harassment,
and Sexual Misconduct Policy
Frequently Asked Questions
The Ohio State University Office of Institut ion a l Equity equity.osu.edu
Non-Discrimination, Harassment, and Sexual Misconduct Policy FAQ
Fr
equently Asked Questions
Page 6 of 7 Revised
9/15/2022
24. What about false allegations?
• Corrective action/sanctions may be imposed on individuals who knowingly or with reckless
disregard for the truth make false allegations of harassment, discrimination, or sexual misconduct.
The absence of a finding of a policy violation is not equivalent to a false allegation.
25. Who is typically involved in an investigation?
• Investigations of possible harassment, discrimination, and sexual misconduct by students or
em
ployees are conducted by Civil Rights Investigators in the Office of Institutional Equity and may
be conducted concurrently with an ongoing criminal investigation.
26. What is the purpose and possible outcome of an investigation?
• The purpose of the investigation is to evaluate the allegations of harassment, discrimination, and
sexu
al misconduct, formulate a response to address the situation, and follow up to ensure that
recommended actions have been taken. The ultimate goal is to stop the behavior and prevent it
from occurring again.
• Students found in violation of the Non-Discrimination, Harassment, and Sexual Misconduct Policy
wi
ll be subject to sanctions, which could include formal reprimand, disciplinary probation,
suspension, dismissal, and other appropriate educational sanctions. Employees found in violation
will be subject to corrective action up to and including termination.
27. What if I am retaliated against?
• The university will not tolerate retaliation in any form against any individual who makes an
al
legation, files a report, serves as a witness, assists a complainant, or participates in an
investigation of discrimination or harassment. University policy and state and federal law prohibit
retaliation against an individual for reporting discrimination or harassment, or for participating in
an investigation.
• Retaliation is a serious violation that can subject the offender to discipline, up to andincluding
te
rmination of employment and/or student status, independent of the merits of the underlying
allegation.
• Allegations of retaliation should be reported to the Office of Institutional Equity.
28. What should I do if I feel in danger?
• If something has occurred on campus that causes you to fear for your personal safety, report the
in
cident to law enforcement: University Police (9-1-1 for emergencies, 614-292-2121 for non-
emergencies) or local law enforcement agency at regional campuses or off-campus.
29. How do I report an incident?
• Mandated reporters can fulfill their reporting obligations by sharing all known information with the
OI
E office:
o 1. Online – reporting form at titleIX.osu.edu or equity.osu.edu
o 2. Call – 614-247-5838
o 3. Email – [email protected] or [email protected]
• Reports can also be made voluntarily by any university community member or individual who is
directly involved in, observes, or reasonably believes that harassment, discrimination, or sexual
misconduct may have occurred. This includes allegations by third parties against any individual
covered by this policy.
Non-Discrimination, Harassment,
and Sexual Misconduct Policy
Frequently Asked Questions
The Ohio State University Office of Institut ion a l Equity equity.osu.edu
Non-Discrimination, Harassment, and Sexual Misconduct Policy FAQ
Fre
quently Asked Questions
Page 7
of 7 Revised
9/15/2022
• Members of the university community may also make reports/file complaints by contacting the
following (please note that these reporting options do not satisfy the employee duty to report):
Report/Complaint
Type Agency/Office Contact Information
Criminal conduct
University
Police
614-292-2121 or 9-1-1 for emergencies
dps.osu.edu
Criminal conduct Local law enforcement agency 9-1-1 for emergencies
Any violation of this
policy
University Anonymous
Rep
orting Line
1-866-294-9350
ohio-
state.ethicspoint.com
30. What resources are available to me?
• Confidential and Non-Confidential resources are available in the OIE Reporting and Resources
Brochur
e at https://go.osu.edu/oieresourcesbrochure
• You can also visit the equity.osu.edu or titleix.osu.edu for additional information.
Full Non-Discrimination, Harassment, and Sexual Misconduct Policy
• https://go.osu.edu/non-discrimination-policy
To Report or Request Assistance
• Office of Institutional Equity
o 1. Online – reporting form at equity.osu.edu
o 2. Call – 614-247-5838
o 3. Email – [email protected] or [email protected]
• Title IX Coordinator, Melissa Mayhan in the Office of Institutional Equity
