Ohio Admin. Code 3349-10-73 - Preventing and responding to sex offenses
(A)
Purpose
(B)
Scope
(C)
Definitions
(1)
"Campus Security
Authorities" include campus security; individuals who have responsibility for
campus security including those who are designated as persons to whom an
offense should be reported; and any individual who has significant
responsibility for student and campus affairs.
(2)
"Knowledge" is an
awareness or understanding hand observation or experience. It is a state of
mind in which the person has no substantial doubt about the existence of a
fact.
(3)
"Sex Offense" under this rule includes any sexual act
directed against another person, forcibly and/or against that person's will; or
under circumstances where the victim is incapable of giving consent. Sexual
offenses are defined in Chapter 2907. of the Revised Code.
(4)
"Sexual Assault"
occurs when a person is forced or coerced physically, verbally, or by
deception, into any type of sexual conduct or contact with another person
whether the assailant is a friend, acquaintance or stranger.
(D)
Body
of the rule
(1)
University employees (with the exclusion of licensed
counselors and unlicensed counselor trainees) are required to report to the
portage county sheriff's offices information brought to their attention
concerning occurrences of sexual assault on campus. University personnel should
consult the director of public safety and security about all other
reports.
(2)
In the case of sexual assault, university personnel
will encourage victims to go to the nearest emergency room or hospital for
evaluation, treatment, and counseling, in addition to advising them of the
specialized service offered at the St. Thomas hospital in Akron, Ohio, for
victims of sexual assault.
(3)
All first-year
students are required to attend an educational program which promotes the
awareness of sexual assault, particularly rape and acquaintance rape. This
program will address who a student should contact on campus and in local law
enforcement in the event a sexual assault occurs. The program will emphasize
the importance of reporting such offenses to the police and preserving evidence
of the assault for prosecution of the offense. University staff will also
encourage the victim to report the incident to police in a timely
manner.
(4)
To report a sexual assault on campus, contact security
personnel at 330-325-5911 (twenty-four hours a day, seven days a week); the
supervisor of public safety and security at 330-325-6492 (weekdays); the public
safety officer at 330-325-6519 (weekdays) or other designated campus security
authorities.
(5)
Victims of sexual assault have the option to notify law
enforcement authorities about the offense. For sexual assaults occurring on
campus or off campus but reported to university campus security authorities,
university will comply with the victim's request to assist them in contacting
the appropriate law enforcement agency to timely file a police report. Filing a
police report near in time to the offense will:
(a)
Ensure the victim
receives the necessary medical treatment and tests at no expense to the
victim;
(b)
Provide an opportunity for collection of evidence
helpful in the prosecution, which is time-sensitive; and
(c)
Assure the victim
has access to free confidential counseling from counselors specifically trained
in the area of sexual assault crisis intervention.
(6)
The university
will, upon written request, disclose to the alleged victim of a crime of
violence (as that term is defined in section 16 of title 18 of the United
States Code) or a non-forcible sex offense, a report of the results of the
disciplinary proceeding conducted by the university against a student who is
the alleged perpetrator of the offense. Should the alleged victim be deceased
at the time of the proceeding, the victim's next of kin shall retain the right
to such a report.
(7)
For on-campus services, sexual assault victims can
contact the director of student health at 330-325-6736. For assistance
off-campus, victims can contact Townhall II's twenty-four hour crisis line at
330-678-help (4357).
(8)
University is obligated to comply with a student's
request for a modification to an academic situation following an alleged sex
offense if a modification is reasonably available.
(9)
The safety
intervention team is a multidisciplinary team that meets as needed to address
concerns related to campus safety and potential threats to the security of the
university's campus and constituents. One of the team's goals is to identify,
assess, manage, and reduce the risk of interpersonal violence on
campus.
Notes
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15
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