We value the dignity of all.
That's why we're committed to ending unlawful discrimination.

The University embraces the Marianist vision of community, meaning a community based on the conviction that every person has innate dignity because all people are made in the image and likeness of God. This conviction is rooted in the following verse: “So God created humankind in his image. In the image of God he created them; male and female he created them.” (Gen. 1:27)

A primary assertion of both our religious and civil traditions is the inviolable dignity of each person. Recognition of and respect for the person are central to our life as a Christian and educational community and are what allow us to pursue our common mission while being many diverse persons. Thus, discrimination, harassment, or any other conduct that diminishes the worth of a person is incompatible with our fundamental commitment as a Catholic university conducted in the Marianist tradition, and therefore is prohibited by the University.

Notice of Nondiscrimination

As a Marianist institution that values the dignity of all, the University adheres to all federal and state civil rights laws banning discrimination in private institutions of higher education. The University of Dayton does not discriminate on the basis of age, race, color, creed, religion, ancestry, national or ethnic origin, sex/gender, sexual orientation, disability, genetic information, military status, veteran status, familial status or any other protected category under applicable local, state or federal law, ordinance or regulation, including protections for those opposing discrimination or participating in any complaint process on campus or within the Equal Employment Opportunity Commission, Ohio Civil Rights Commission or other human rights agencies, in the planning and administration of its admissions policies, educational programs, scholarships, loans, and other financial aid, athletic and other school-administered programs, services, and activities, or in employment. Sexual harassment, which includes acts of sexual violence, is a type of sex discrimination. To help combat reported acts of unlawful harassment or discrimination, the University has developed a robust Equity Complaint Process.

Note: On this website, “Title IX” stands for Title IX of the Education Amendments of 1972, 20 U.S.C. §1681 et seq., and “Section 504” stands for Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq.

Relevant Policies

The University of Dayton is deeply committed to creating a community free of unlawful discrimination and harassment, including sexual violence. The full articulation of this commitment is found in the Nondiscrimination and Anti-Harassment Policy. The University has made all employees* mandatory reporters of violations of this policy; this reporting requirement is detailed in the Mandatory Reporting Policy.

* Except counselors, doctors and clergy acting in that capacity.

How the University of Dayton Equity Complaint Process Works

This guide describes how to navigate the equity complaint process. Feel free to contact us with questions.

Stage One: Considering Your Options

You feel as if you are being harassed or otherwise discriminated against by someone because of your gender, race, religion, or membership in some other protected class. What do you do? Sometimes the best answer is to talk to that person, to try to work things out before they go too far. Sometimes simply asking someone to “stop” is enough to get them to stop. For instance, someone might not realize a certain term is offensive. But talking is not always a good idea. Some problems are so serious that you need the University’s help. For instance, you cannot “talk out” a sexual assault, and no one would want you to try. If you are not sure whether it would be a good idea to try to resolve a situation on your own, contact the Title IX/504 Coordinator & Equity Compliance Officer ("ECO") for advice.  (Click on the "CONTACT US" green tab for specific contact information.)

Stage Two: Asking the University for Help

The University is always ready to help when a student, employee, or visitor believes unlawful discrimination may have taken place. A question you need to ask yourself is
“What do I want the University to do?
  • You might want the University to take official action to remedy the situation. If you have seen or been a victim of an incident of discrimination, you can file a complaint with the ECO asking the University to remedy/fix the situation. Doing so triggers the Equity Complaint Process.
  • You might want to talk someone secure in the knowledge that they will not share your story with University officials. In other words, you may not want the University to take action. You may just want to talk to someone. If so, you can contact Campus Ministry, the Counseling or Health Center (if you are a student), or the Employee Assistance Program (if you are an employee) and ask to schedule a meeting with someone with whom you can speak confidentially.
  • You might want to seek advice from a professor, supervisor, or another University employee you trust. If that is your choice, you need to know that almost all University employees are required to report incidents of unlawful discrimination or harassment to the University. So, if you talk about an incident with an employee other than a counselor, doctor, etc. that employee must share at least some of what you said with the ECO. If you do not want your name used, tell the employee. The employee will still have to report, but unless the incident involves a danger that could threaten others in the community, he or she will not have to share your name or other identifying information. Of course, the tradeoff for choosing anonymity is if the University does not know who you are, it may not be possible for it to help you.

Stage Three: The University Reviews the Complaint

The University always acts on a complaint or report of discrimination. But the type of action it takes depends on the facts of each case. When a complaint or report is made the ECO acts as a “gatekeeper.” His or her first job is to look at the facts to see if, assuming they are true, they might violate the University’s Nondiscrimination and Anti-Harassment Policy. Not every wrongful act is sufficient to violate the policy.

If the answer, is “no,” the process/investigation ends. The ECO will let you (the “complainant”) and the accused party (the “respondent”) know the outcome. If the conduct may violate some other University policy or otherwise merit some action, he or she will pass your complaint on to the right officials. If the answer is “yes,” he or she will inform you and the respondent and determine what the next steps should be.

What the next steps are depends on the facts of each case. If the ECO thinks this complaint may be one that could be resolved informally using something like a mediation, and if both parties agree, informal resolution is a possibility.

Stage Four: The University Investigates the Complaint

If informal resolution is not a possibility or does not work, the ECO will assign your case to a specially trained investigatory team to investigate the facts. The team will interview you, the respondent, and others with information about what happened. It will also gather other materials (e.g., texts, emails, etc.) that may help show what happened.

Both parties have the option of participating as much or as little in the process as they choose, but choosing not to participate typically weakens that person’s case.

The investigatory team will compile all of the evidence it has gathered into a report and will determine whether if all of the evidence is viewed in a light most favorable to you there is probable cause to believe that the respondent might have violated the University’s Nondiscrimination and Anti-Harassment Policy. If the answer is “no,” the process will end and the ECO will inform you and the respondent of the outcome.

Stage Five: The University Resolves the Complaint

If the answer is “yes,” the next step depends on whether the respondent is a student, employee, or visitor.

  • If the respondent is a student, the case file is sent to the Office of Community Standards and Civility for an Accountability Hearing. The Hearing Board will determine by a preponderance of the evidence whether a violation has occurred and will notify you and the respondent of the outcome. See the Student Handbook for more information.
  • If the respondent is a University employee (faculty or staff) or a visitor to campus, the investigatory team keeps the case. The investigatory team will determine by a preponderance of the evidence whether a violation has occurred and make recommendations to the appropriate University official as to how to remedy any violation. Once the official has determined whether and how to follow the recommendations, the ECO will notify you and the respondent of the outcome. Neither you nor the respondent will receive a copy of the investigatory report, but you will both be provided with the opportunity to view a notice of outcome that outlines the team’s findings. You will also be informed of any actions taken or recommended to resolve the complaint, if any, that are directly related to you, such as a recommendation that the respondent not contact you. The respondent will also be informed of actions taken or recommended to resolve the complaint and will be notified of referrals for disciplinary action and recommended disciplinary action. See the Equity Complaint Process for more information.

Stage Six: The Appeals Process

Either party may appeal the findings of the Hearing Board or investigatory team. Findings of the Hearing Board are appealable to the Judicial Review Committee (JRC), and findings of the investigatory team are appealable to the Complaint Review Committee (CRC).

An appeal will be granted only if:

  • New evidence or information that did not exist at the time of the hearing or investigation that could have a bearing on the decision is discovered, or
  • There was a clear error in the process

If an appeal is denied, both you and the respondent will be notified and the process/investigation will conclude. If an appeal is granted, both you and the respondent will be notified of the corrective action taken by the Review Committee. Once a final decision is made, you and the respondent will be notified. No further appeal will be available.

Statement of Rights


Complainant's Rights

  • To be treated with respect by University officials.
  • To an investigation and appropriate resolution of all complaints of discrimination and/or harassment made in good faith to the appropriate University official(s).
  • To receive written notification that the respondent has been officially notified of the allegation of violating the University’s Nondiscrimination and Anti-Harassment Policy.
  • To be notified of the substance of respondent’s response, if any, to the allegations.
  • To take advantage of campus support resources (such as Campus Ministry, the University Health and Counseling Centers for students, and Employee Assistance Program services for employees).
  • To experience a safe living, educational and work environment.
  • To have a support person of his or His or her choosing (with the exception of a lawyer/attorney, although a lawyer/attorney may be allowed in certain limited circumstances) during this process.
  • To decline to participate in conflict resolution procedures as the means for resolving an allegation.
  • To receive amnesty for minor student misconduct (such as alcohol or drug violations) that is ancillary to the incident.
  • To be free from retaliation for complaints made, or otherwise participating in an investigation, in good faith.
  • To have complaints heard in substantial accordance with these procedures.
  • To full participation in this process, whether the injured party is the actual party or the University has brought the complaint.
  • To be informed in writing of the outcome/resolution of the complaint, sanctions where permissible and the rationale for the outcome where permissible.
  • The ability to refer to law enforcement and have assistance.
  • For residential students, the ability to request housing and living accommodations, if appropriate.
  • A “no contact order,” if appropriate.  A no contact order is an order from a University Official to have no contact with a particular person or persons. Contact is considered any verbal, written, electronic, non-verbal gesture, third party messages, indirect loud talking in the vicinity of the person and could include indirect actions that appear to the University to be intimidating. The University may add to the terms of no contact within the context of the reported incident that preceded the order or concerns that have arisen during the investigation.

Respondent's Rights

  • To be treated with respect by University officials.
  • To an investigation and appropriate resolution of all complaints of discrimination and/or harassment made in good faith to the appropriate University official(s).
  • To receive written notification if officially accused of violating the University’s Nondiscrimination and Anti-Harassment Policy.
  • To take advantage of campus support resources (such as Campus Ministry, the University Health and Counseling Centers for students, and Employee Assistance Program services for employees).
  • To experience a safe living, educational and work environment.
  • To have a support person of his or His or her choosing (with the exception of a lawyer/attorney, although a lawyer/attorney may be allowed in certain limited circumstances) during this process.
  • To decline to participate in conflict resolution procedures as the means for resolving an allegation.
  • To receive amnesty for minor student misconduct (such as alcohol or drug violations) that is ancillary to the incident.
  • To be free from retaliation for complaints made, or otherwise participating in an investigation, in good faith.
  • To have complaints heard in substantial accordance with these procedures.
  • To be informed of the outcome/resolution of the complaint and the rationale for the outcome, in writing.
  • The ability to refer to law enforcement and to have assistance.
  • For residential students, the ability to request housing and living accommodations, if appropriate.
  • A “no contact order,” if appropriate.  A no contact order is an order from a University Official to have no contact with a particular person or persons. Contact is considered any verbal, written, electronic, non-verbal gesture, third party messages, indirect loud talking in the vicinity of the person and could include indirect actions that appear to the University to be intimidating. The University may add to the terms of no contact within the context of the reported incident that preceded the order or concerns that have arisen during the investigation.

Equity Complaint Process

Download a PDF version of the Equity Complaint Process (PDF) >>

1. Introduction
2. Confidentiality
3. Pre-Complaint Resolution Efforts and Information
4. Filing a Complaint and Mandatory Reporting
5. Complaint Intake
6. Interim Actions
7. Formal and Informal Complaint Resolution Procedures
7.a. Informal Complaint Resolution Procedure
7.b. Formal Complaint Resolution Procedure
7.b.i. Investigatory Team  | Student Cases  |  All Other Cases
7.b.ii. The Formal Investigation
7.b.iii. The Disposition/Resolution  | Student Cases  | All Other Cases
7.b.iv. The Appeal Process  | Student Cases  | All Other Cases
8. Records
9. Statement of Rights | Complainant’s Rights  |  Respondent’s Rights
10. Revision
11. Discretion
12. Conclusion
13. History

1. Introduction
The University of Dayton (“University”) will act on any formal or informal complaint or notice of violation of the Nondiscrimination and Anti-Harassment Policy that is received by the Title IX/504 Coordinator & Equity Compliance Officer (the “Equity Compliance Officer”).1 The procedures described below will apply to all complaints involving students, staff or faculty members with two exceptions: First, bargaining unit employees will be subject to the terms of their respective collective bargaining agreements to the extent those agreements do not conflict with federal or state compliance obligations; and second, for non-gender/non-sexual-related complaints where a faculty member is the complainant, the processes in this document are simply a different option for faculty, i.e., the faculty complainant may choose instead to use procedures set forth in the Faculty Handbook or elsewhere. Requests for responsive actions for complaints brought against non-members of the University community are also covered by these procedures.2

2. Confidentiality
Allegations that the University’s Nondiscrimination and Anti-Harassment Policy has been violated cannot be kept confidential if they are reported to the Equity Compliance Officer and his or her deputies, or other University personnel with a duty to report such matters. For a list of confidential sources and further information regarding confidentiality, please consult Section VI, entitled “Confidentiality and Reporting of Offenses Under this Policy,” of the Nondiscrimination and Anti-Harassment Policy.

3. Pre-Complaint Resolution Efforts and Information
In the spirit of the Marianist charism of community, before pursuing the complaint process, every reasonable effort should be made to constructively and amicably resolve issues among the parties. Whenever possible and safe, the University encourages anyone experiencing an issue to first attempt discussing the issue with the person causing the problem. Such discussions may also help prevent tense situations from escalating to an actual hostile environment. If satisfactory resolution is not reached after discussion with that individual, the University complaint process may be initiated. The University does not require a complainant party to contact the person involved if doing so is impracticable, or if the party believes that the conduct cannot be effectively addressed through informal means. Some reports of discrimination or sexual misconduct – such as cases of assault – may not be appropriate for pre-complaint resolution, but may require use of the University Complaint process. You are encouraged to contact the Equity Compliance Officer if, prior to taking the step of filing a formal complaint, you have questions regarding the process, are uncertain as to whether your problem is appropriate for pre-complaint resolution efforts, are interested in counseling or ways to discuss the issue with the other person, etc.

Please do not wait to contact the Equity Compliance Officer or another University official until behavior becomes sufficiently serious (i.e., severe, pervasive, or persistent) to create a hostile environment. The University will take a proactive approach to preventing and addressing harassment.

4. Filing a Complaint and Mandatory Reporting
Any member of the community, guest or visitor who believes that he or she has been the victim of harassment or some other form of discrimination prohibited by the Nondiscrimination and Anti-Harassment policy and wishes to make a complaint should contact the Equity Compliance Officer in person, by email, by phone, or by using the Harassment and Discrimination Complaint Form.

It is also possible for employees to notify a supervisor, or for students to notify an administrative advisor or faculty member, or for any member of the community to notify Public Safety of his or her desire to make a complaint. These individuals will in turn notify the Equity Compliance Officer to initiate the formal complaint process. Note that certain departments of the University may have additional procedures and protocols in place to ensure that harassment or other bias-related conduct is not tolerated.

Any member of the community, guest or visitor who believes that the Nondiscrimination and Anti-Harassment policy may have been violated and wishes to file a report on behalf of another person should contact the Equity Compliance Officer. They may report in person, by email, by phone, or by using the Harassment and Discrimination Incident Report Form.

Most employees receiving reports of a potential violation of this policy are mandatory reporters and are therefore expected to promptly contact the Equity Compliance Officer, within 1 business day of becoming aware of a report or incident. Only employees with a legal obligation to maintain confidentiality, such as counselors, doctors and clergy acting in those roles, are expected to maintain confidentiality consistent with their professional and legal obligations and therefore exempt from the reporting requirement. All other University employees are mandatory reporters for purposes of the Nondiscrimination and Anti-Harassment Policy and this process; see Mandatory Reporting Policy. Completing a Harassment and Discrimination Incident Report Form fulfills this mandatory reporting obligation.

All reports and complaints will be treated with the maximum possible privacy. Subject to the University’s obligation to redress violations, a reasonable effort will be made to maintain the privacy of those initiating a complaint or report of a possible violation. In all cases, the University will give consideration to the alleged victim with respect to how a possible violation is pursued, but reserves the right, when necessary to protect the community and University, to investigate and pursue a resolution when an alleged victim chooses not to initiate or participate in a formal complaint.

No person shall make an allegation that he or she knows to be untrue or knowingly provide false information during the course of an investigation. Making a false complaint or giving false information is a violation of this Policy and may be a basis for discipline, including expulsion or termination. Evidence of false complaints or false information shall be referred by the Equity Compliance Officer to the Office of Legal Affairs.

5. Complaint Intake
All complaints and reports will be investigated. The scope of the investigation will be at the discretion of the Equity Compliance Officer. Normally, within three business days, an initial investigation in the form of an inquiry or review will be done to determine if the complaint on its face alleges a policy violation, and, if so, what policy violations should be alleged as part of the complaint. If the complaint does allege a possible policy violation, the complainant and respondent (if known) will be notified in writing and informed as to the next steps. If the complaint does not allege a policy violation, the case will be closed with no further action and the complainant and respondent (if known) will be so notified in writing. If the complaint is filed anonymously, the University’s ability to investigate will be limited, and an investigatory team likely will not be assigned. Additionally, if the complainant does not wish to proceed, an investigation will not follow unless the safety of the University community or legal compliance is jeopardized.

Typically, the informal complaint and resolution procedure involves a basic fact-finding inquiry (see Section 7(A) of this Equity Complaint Process) while the formal complaint and resolution procedure involves a more extensive inquiry into the facts and circumstances (see Section 7(B) of this Equity Complaint Process).

If a University official has a reasonable belief that a crime has been committed, she or he may be obligated to report that to law enforcement if police have not already been notified. In cases where a police investigation has been conducted or is being conducted, law enforcement may be able to provide some information to the Equity Compliance Officer. The University’s investigation may be delayed for a short period of time upon a request from law enforcement, but it will promptly resume the investigation as soon as possible.

The investigation and resolution shall be completed as promptly as possible and in most cases within 60 working days of the date the complaint was received, unless extenuating circumstances interfere with such timely completion. Typically, the formal investigation phase will be completed within 30 days and the disposition/resolution/appeal phase will be completed within 30 days of the completion of the investigation. In the event that an investigation and resolution cannot be completed within 60 working days, the parties shall be notified in writing.

6. Interim Actions
At any time during the process, the Equity Compliance Officer may recommend that interim protections or remedies for the complainant, respondent, or witnesses be provided by appropriate university officials. These protections or remedies may include separating the parties, placing limitations on contact between the parties, interim suspensions (for students) or making alternative workplace or student housing arrangements. Failure to comply with the terms of interim protections may be considered a separate violation of the University’s Nondiscrimination and Anti-Harassment Policy.

7. Formal and Informal Complaint Resolution Procedures
The University has developed both an informal and formal complaint resolution procedure to respond to alleged violations of the University’s Nondiscrimination and Anti-Harassment Policy. The use of the informal complaint and resolution procedure is optional. In instances where parties involved do not wish to engage in the informal procedure, where informal resolution is not appropriate, or in situations where attempts at the informal procedure are unsuccessful, the formal procedure will be followed.

7.a.    Informal Complaint Resolution Procedure
The University encourages informal resolution options when the parties desire to resolve the situation cooperatively and expeditiously. Regardless of whether the informal resolution procedure or formal resolution procedure is chosen, the respondent will be advised of the substance of the allegations made against him or her. Where the parties opt to attempt informal resolution, a formal investigation will begin (to be conducted simultaneously with the ongoing informal process), if the parties have failed to achieve resolution within 10 working days.

7.b. Formal Complaint Resolution Procedure
In response to reports of policy violations in cases where the complainant does not wish to engage in informal resolution, where informal resolution is not appropriate, or in cases where attempts at informal resolution are unsuccessful, the Equity Compliance Officer will implement a formal complaint resolution procedure, which will consist of two parts: the investigation and the disposition/resolution.

7.b.i. Investigatory Team
The Equity Compliance Officer in consultation with appropriate campus authorities will appoint an investigatory team to conduct an adequate, reliable and impartial investigation of the complaint. The investigators shall be members of the University community who are familiar with the policy prohibiting discrimination and harassment and have specialized training and/or experience in the investigation and resolution of discrimination and harassment complaints, including complaints relating to sexual violence. Any real or perceived conflict of interest between an investigator and a party must be disclosed to the Equity Compliance Officer; whether an investigator with a real or perceived conflict of interest can nonetheless serve on an investigatory team will be assessed on a case-by-case basis (where appointment as an investigator in such circumstances requires, at a minimum, that protective measures be put in place to ensure fairness in the investigation). The investigatory team will act under the supervision of the Equity Compliance Officer and/or his or her deputy.

Student Cases
In cases in which students are accused of a policy violation, the investigatory team is tasked with recommending whether and what further action by the student conduct system, including a hearing before a Hearing Board, is warranted. In doing so, the investigatory team serves two functions. One, the investigatory team creates the case file, which includes a written investigatory report, to be used by the Hearing Board. Students will not be permitted to submit information (e.g., testimony, witness lists, physical evidence, etc.) to the Hearing Board unless it was first presented to the investigatory team. Two, the investigatory team determines whether, in viewing the facts in a light most favorable to the complainant, probable cause exists to believe that a policy may have been violated. If the investigatory team does not find probable cause, the case will be closed with no further action and the complainant and respondent will be so notified in writing.

All Other Cases
In cases in which persons other than students (i.e., faculty, staff, visitors) are accused of a policy violation, the investigatory team serves as both the investigatory body and the fact finder. It is tasked with investigating the complaint, preparing a written investigatory report, making findings of fact, determining if University policy has been violated, and, if so, recommending suitable actions to appropriate University officials, including the Provost, the Vice President for Human Resources or Office of Legal Affairs, as appropriate (depending on the identity of the respondent, i.e., whether faculty, staff employee or visitor). Ultimately it is up to those respective officials to determine if and how to implement the investigatory team’s recommendations.

7.b.ii. The Formal Investigation
The investigation generally will include interviews with the parties, if available, interviews with other witnesses as needed and a review of relevant documents as appropriate. Disclosure of facts to witnesses shall be limited to what is reasonably necessary to conduct a fair and thorough investigation. Participants in an investigation are encouraged to maintain confidentiality so as to protect the integrity of the investigation; however, such is not meant to impinge on any legal rights they may have otherwise.

The respondent shall be provided a copy of the written complaint or otherwise informed of the substance of the allegations. If respondent cannot be located, attempts at notification shall be documented. The complainant shall be provided with a copy of the written response provided by respondent, if any, or otherwise informed of the substance of the response to the allegations.

Both the complainant and the respondent will be asked to provide oral (through an interview) and written statements. A complainant or respondent may opt not to participate at all in the investigation or to provide a written statement in lieu of or in addition to any interview with the investigators. However, it is important to note that any decision by a party not to participate or to limit participation in turn limits the ability of the University to discover facts that may support his or her version of the key events.

Complainants and respondents may be accompanied by one support person during any meeting with investigators. The support person cannot be someone who may be called as a witness or, generally, someone serving as an attorney (although a lawyer/attorney may be allowed in certain limited circumstances).

Both the complainant and the respondent will be asked to provide a list of possible witnesses as well as any written or physical evidence (e.g., texts, social media, emails, photos, medical reports, etc.) that they wish to be considered by the investigatory team (and in cases involving student respondents, the Hearing Board, if any).

7.b.iii. The Disposition/Resolution
At the conclusion of the investigation, the investigatory team will prepare a written report. The report may be used as evidence in other related procedures, if any, such as student Accountability Hearings before the Student Hearing Board. Copies of the investigative report will be provided to those University administrators, academic leaders, and supervisors who are directly responsible with respect to the parties involved for implementing measures to correct and prevent discriminatory or harassing conditions.

At a minimum, the report will include a statement of the allegations and issues, a description of the applicable standards, and a summary of the information considered.

Student Cases
In cases in which students are accused of a policy violation, the report will also contain a description of the contested and uncontested facts and a finding as to whether, in viewing the facts in a light most favorable to the complainant, probable cause exists to believe that a policy may have been violated. If the investigatory team does not find probable cause exists, the case will be closed with no further action and the complainant and respondent will be so notified in writing.

If the investigatory team finds probable cause to exist, it will refer the case to the Office of Community Standards and Civility for an Accountability Hearing. The Hearing Board will, by conducting an Accountability Hearing, determine using a preponderance of evidence standard whether a policy violation has occurred and will notify the complainant and respondent in writing of the outcome. The procedures employed by the Office of Community Standards and Civility are set forth in detail in the Student Handbook.

All Other Cases
In cases in which persons other than students (i.e., faculty, staff, and visitors) are accused of a policy violation, the report will also contain findings of fact when necessary, and a determination by the investigatory team as to whether university policy has been violated.

Before making any findings of fact, the investigatory team will first determine whether, in viewing the facts in a light most favorable to the complainant, probable cause exists to believe that policy may have been violated. In other words, it will consider whether the facts alleged by complainant, if true, would be sufficient to establish a violation. If in applying this standard, the investigatory team concludes that no probable cause to believe a violation exists, the investigation will conclude and no findings of fact will be made. If, however, the investigatory team determines that probable cause exists to believe that policy has been violated, then the investigatory team will proceed to make findings of fact.

In making these determinations, the investigatory team will employ a preponderance of the evidence standard. For allegations of discrimination or harassing behavior, the possible findings are:

A.    Substantiated: It is more likely than not that the allegation is true.
B.    Unsubstantiated: It is not possible to determine whether the allegation is true or untrue. There is insufficient evidence to prove or disprove that the allegation is true.
C.    Unfounded: It is more likely than not that the allegation is untrue. A finding that the allegations are unfounded does not establish that the complaint was improper or knowingly false. The University at its sole discretion may address any allegation it believes to have been made in bad faith in a separate process or proceeding.

The report also may contain recommendation for actions to resolve the complaint, including but not limited to, educational programs, counseling/coaching, mediation, remedies for the complainant, and a referral to disciplinary procedures, as appropriate. If the investigators found that the Nondiscrimination and Anti-Harassment Policy was not technically violated but they found that intentionally disruptive, bullying or harassing behavior occurred, or a relationship was harmed that could be mended, they could in their discretion recommend mediation, counseling or other restorative steps be taken, and they could note that another University policy may have been violated such that corrective action may be warranted. The report shall be submitted to the Provost, the Vice President for Human Resources or Office of Legal Affairs, depending on the identity of the respondent (i.e., whether faculty, staff employee or visitor). Each such authority will then determine whether to follow the investigators’ recommendations and how, if at all, such recommendations shall be implemented.

The complainant and the respondent shall be informed in writing of the completion of the investigation and the outcome of the investigation by the Equity Compliance Officer or one of his or her designees. The complainant shall be informed of the findings and of actions taken or recommended to resolve the complaint, if any, that are directly related to the complainant, such as a recommendation that the accused not contact the complainant. The complainant may be notified generally that the matter has been referred for disciplinary action, but shall not be informed of the details of the recommended disciplinary action without the consent of the respondent. The respondent shall be informed of the findings and of actions taken or recommended to resolve the complaint and shall be notified of referrals for disciplinary action and recommended disciplinary action. The complainant and respondent will not be provided a copy of the investigatory report.

Any accommodation or remedy will be consistent with the seriousness of the offense and will be designed and imposed in a manner reasonably calculated to end the harassment and to prevent future unlawful conduct. For additional information, consult the Student Handbook, the employee Corrective Action policy and/or the Faculty Handbook, as applicable. All situations are subject to follow-up after a period of time to assure that accommodations, remedies and any other resolution measures have been implemented effectively.

7.b.iv. The Appeal Process

Student Cases
The appeals process for student cases decided by an Accountability Hearing before the Hearing Board is found in the Student Handbook starting at p. 31.

All Other Cases
For cases where the respondent is not a student, the complainant and respondent may appeal the findings of the investigatory team. All grounds for appeal shall be based on the emergence of new evidence that was previously unavailable, or based on the grounds that some aspect of the Nondiscrimination and Anti-Harassment Policy or this procedure was not adequately followed. All appeals will be conducted in an impartial manner by a “Complaint Review Committee” (“CRC”), consisting of (a) a designee from either the Provost’s Office or the Office of Human Resources (depending on whether the respondent is faculty or a staff employee); (b) a designee from the Office of Legal Affairs; and (c) an investigator who was not involved in the investigation. The CRC appeals process is as follows:

(1)    The appealing party must submit the CRC appeal request form and all supporting documentation within 5 business days of receiving notice from the Equity Compliance Officer of the outcome of the investigation. This request form is to be submitted to the Equity Compliance Officer who will appoint the CRC for the particular appeal.

(2)    The investigator appointed to the CRC will undertake an initial review of the appeal. In so doing, this investigator may consult with the original investigators on the case, make other inquires or consider other information, all as he or she deems relevant. Mere disagreement by the appealing party with a finding of fact by the investigatory team is insufficient to support an appeal. The CRC will not reweigh the evidence. Only those requests that are determined to meet the following criteria will be approved for an appeal to the CRC:

a.    The appealing party has submitted/presented information that indicates a clear error in the investigation that may have affected the final outcome of the investigation and resulting actions taken. To establish the possibility of a clear error, the appealing party must point to a specific step in the investigatory process that was not undertaken in accordance with the procedure set forth above.

b.    The appealing party has submitted/presented new evidence or new information that did not exist at the time of the investigation that would have had a bearing on the investigatory team’s findings of fact. Information or witnesses that were known to the appealing party at the time of the investigation will not be considered new evidence for an appeal.

(3)     If the appeal is approved, the CRC will convene to deliberate over the issues presented. The actions that may be taken by the CRC include but are not limited to:

a.    Determination that no corrective action is needed as the new evidence/information and/or error would not change the original findings in the case.
b.    Determination that the original investigatory team is to be reconvened to consider the new evidence/information. (This process may or may not include the appealing party, at the discretion of the CRC.)
c.    Determination that the case should be taken up by a new investigatory team or referred back to some other step in the equity complaint process.
d.    Determination to administratively alter the decision and the associated recommended consequences/ sanctions. In cases where the CRC administratively alters the finding, they may refer the assigning of consequences/sanctions to the investigatory team, with advisement, who in turn will adjust their report (if applicable) and forward such modified report to the University official who received the original report (e.g., the Provost, the Vice President for Human Resources or Office of Legal Affairs, depending on the identity of the respondent).

(4)    Decisions rendered by the CRC or actions taken following the CRC’s decision are final and not subject to further appeal. Cases that are sent back to the investigatory team or another step in the equity complaint process are not eligible for a second appeal.

(5)    The appealing party will be notified of the outcome of the appeal, including whether the appeal was eligible for appeal and, if it was eligible, the CRC’s determination.

8. Records
In implementing this process as the means of enforcing the University’s Nondiscrimination and Anti-Harassment Policy, records of all complaints, resolutions, and any hearings will be kept by the Equity Compliance Officer indefinitely in his or her records. Records of all reported complaints, regardless of whether resolved through formal or informal processes, will be kept by the Equity Compliance Officer.

9. Statement of Rights

Complainant’s Rights

  • To be treated with respect by University officials.
  • To an investigation and appropriate resolution of all complaints of discrimination and/or harassment made in good faith to the appropriate University official(s).
  • To receive written notification that the respondent has been officially notified of the allegation of violating the University’s Nondiscrimination and Anti-Harassment Policy.
  • To be notified of the substance of respondent’s response, if any, to the allegations.
  • To take advantage of campus support resources (such as Campus Ministry, the University Health and Counseling Centers for students, and Employee Assistance Program services for employees).
  • To experience a safe living, educational and work environment.
  • To have a support person of his or her choosing (with the exception of a lawyer/attorney, although a lawyer/attorney may be allowed in certain limited circumstances) during this process.
  • To decline to participate in conflict resolution procedures as the means for resolving an allegation.
  • To receive amnesty for minor student misconduct (such as alcohol or drug violations) that is ancillary to the incident.
  • To be free from retaliation for complaints made, or otherwise participating in an investigation, in good faith.
  • To have complaints heard in substantial accordance with these procedures.
  • To full participation in this process, whether the injured party is the actual party or the University has brought the complaint.
  • To be informed in writing of the outcome/resolution of the complaint, sanctions where permissible and the rationale for the outcome where permissible.
  • The ability to refer to law enforcement and have assistance.
  • For residential students, the ability to request housing and living accommodations, if appropriate.
  • A “no contact order,” if appropriate. A no contact order is an order from a University Official to have no contact with a particular person or persons. Contact is considered any verbal, written, electronic, non-verbal gesture, third party messages, indirect loud talking in the vicinity of the person and could include indirect actions that appear to the University to be intimidating. The University may add to the terms of no contact within the context of the reported incident that preceded the order or concerns that have arisen during the investigation.

Respondent’s Rights

  • To be treated with respect by University officials.
  • To an investigation and appropriate resolution of all complaints of discrimination and/or harassment made in good faith to the appropriate University official(s).
  • To receive written notification if officially accused of violating the University’s Nondiscrimination and Anti-Harassment Policy.
  • To take advantage of campus support resources (such as Campus Ministry, the University Health and Counseling Centers for students, and Employee Assistance Program services for employees).
  • To experience a safe living, educational and work environment.
  • To have a support person of his or her choosing (with the exception of a lawyer/attorney, although a lawyer/attorney may be allowed in certain limited circumstances) during this process.
  • To decline to participate in conflict resolution procedures as the means for resolving an allegation.
  • To receive amnesty for minor student misconduct (such as alcohol or drug violations) that is ancillary to the incident.
  • To be free from retaliation for complaints made, or otherwise participating in an investigation, in good faith.
  • To have complaints heard in substantial accordance with these procedures.
  • To be informed of the outcome/resolution of the complaint and the rationale for the outcome, in writing.
  • The ability to refer to law enforcement and to have assistance.
  • For residential students, the ability to request housing and living accommodations, if appropriate.
  • A “no contact order,” if appropriate. A no contact order is an order from a University Official to have no contact with a particular person or persons. Contact is considered any verbal, written, electronic, non-verbal gesture, third party messages, indirect loud talking in the vicinity of the person and could include indirect actions that appear to the University to be intimidating. The University may add to the terms of no contact within the context of the reported incident that preceded the order or concerns that have arisen during the investigation.

10. Revision
These procedures, along with the Nondiscrimination and Anti-Harassment Policy, will be reviewed and updated annually, if necessary, by the Equity Compliance Officer. The presumption is that such review and update will be concluded each summer, with appropriate input reviewed throughout the preceding academic year. The Equity Compliance Officer may make minor modifications to procedure that do not materially jeopardize the fairness owed to any party. However, the Equity Compliance Officer may also vary procedures materially with notice (on the University’s website, with appropriate date of effect identified) upon determining that changes to law or regulation require policy or procedural alterations not reflected in this policy and procedure. Procedures in effect at the time of its implementation will apply. Policy in effect at the time of the offense will apply even if the policy is changed subsequently, unless the parties consent to be bound by the current policy.

11. Discretion
Where an issue is encountered at any juncture of a case that is not addressed specifically by this Equity Complaint Process or the Nondiscrimination and Anti-Harassment Policy, the University has the discretion to determine, in a good faith effort to comply with applicable legal requirements, how to address such an issue.

12. Conclusion
The University encourages all members of its community, as well as visitors, to embrace and abide by the concepts of fairness reflected in this document. Accordingly, the University encourages honesty and candor on the part of anyone participating in any investigatory process. Further, where the investigatory process finds that no policy violation occurred yet wounds nonetheless are known to exist, the University encourages the parties involved to participate in attempts to bring healing to the fractured relationship, and in so doing, to exercise patience, cooperation and compassion.

Where an issue arises that is outside the scope of this Equity Complaint Process – i.e., an issue not related to misconduct directed at a protected class – staff employees should refer to the employee Dispute Resolution Process; faculty should present the matter to the Faculty Hearing Committee on Grievances; and students should contact the Dean of Students Office at 937-229-1212 or by email at deanofstudents@udayton.edu. Any visitor to campus who experiences perceived misconduct should consult with their contact on campus, or contact the Office of Legal Affairs (legalaffairs@udayton.edu). In any situation where an emergency exists, contact Public Safety at 911 or 937-229-2121.

Ideas for improving this process, as well as any other comments, should be directed to the Equity Compliance Officer.

13. History
These procedures were adopted December 10, 2013, and implemented January 1, 2014.


1/ Terms defined in the Nondiscrimination and Anti-Harassment Policy carry those same definitions in this process; thus, where a term is used in the process but the precise meaning is not known, please consult the Nondiscrimination and Anti-Harassment Policy and refer to the definition there.

2/ Note that the processes in this document are not meant to subject a respondent to multiple proceedings.  Thus, if a faculty complaint is processed under procedures in the Faculty Handbook or elsewhere, the processes in this document will no longer be available for that complaint (and vice versa, except that any sanction resulting from this Equity Complaint Process may still be grieved under the Faculty Handbook process, so long as an adequate remedy for the violation determined under this process remains in place).  

Complaint, Reporting and Appeal Forms

CHOOSE THE APPROPRIATE FORM

The University has developed electronic forms to make it easy for the community to make complaints or reports of discrimination/harassment/sexual misconduct. In deciding whether to make a complaint or report, please do not worry about whether the incident you are reporting would satisfy the legal or University definition of discrimination, harassment, or sexual misconduct. The Equity Compliance Officer will sort that out. The question is whether you believe there may have been discrimination, harassment (including a bias-related incident), or sexual misconduct. You can find the form that best meets your need below.

Do you believe you were the victim of discrimination/harassment/sexual misconduct?

Select an option:

1. File a formal complaint requesting action by the University

OR

2. File an anonymous report informing the University of the incident. (Be aware that by choosing not to reveal your identity, you may limit the ability of the University to remedy the situation.)

Have you witnessed or were told of discrimination/harassment/sexual misconduct against someone else?

Select from these options based on whether you're a University employee, student or visitor:

1. If you are a University employee and wish to fulfill your mandatory reporting duty: Submit an Incident Report >>

OR

2. If you are a student or visitor and wish to file a report identifying yourself and informing the University of the incident: Submit an Incident Report >>

OR

3. If you are a student or visitor and wish to file an anonymous report informing the University of the incident. (Be aware that by choosing not to reveal your identity, you may limit the ability of the University to remedy the situation.) Submit an anonymous report >>

Appeal Forms

The University has developed hard copy forms parties can use to appeal from decisions rendered by a Student Hearing Board or findings made by an investigatory team in cases brought under the Nondiscrimination and Anti-Harassment Policy.

Select an option:

1. You are a student who wishes to appeal the findings of the Student Hearing Board (PDF)

OR

2. You are a faculty member, staff member, or visitor who wishes to appeal factual findings and recommendations by an investigatory team (PDF)

Frequently Asked Questions

Important note:  None of the information on this page should be interpreted or relied on as legal advice.  These questions and answers have been prepared for general information purposes only.  If you have any specific questions about a legal matter, you should consult with an attorney or other professional legal services provider.

  

EMERGENCIES

1.  I've been physically harmed. What should I do?
2.  Where can I get emergency assistance?   

BASICS / BACKGROUND

3.  I thought Title IX was just about women in sports.
4.  Can you give me some examples of sexual harassment?
5.  I'm an employee, and I've heard the University is going to start asking employees whether they're disabled or if they're veterans.  Isn't that discriminatory?
6.  I understand that, even when the victim of an incident does not want to bring a complaint or let his/her name be known, an investigation will still be done if there’s a “threat to the community.”  What is meant by a threat to the community?
7.  What does “remedying” a situation mean?
8.  Can you highlight some of the University’s more significant initiatives in recent years to comply with Title IX and other nondiscrimination requirements?
9.  It looks like most of the University’s efforts have been for students.  Is that true?  If so, why?
10.  What are the more significant improvements to the policy and process that were implemented January 1, 2014?    

DISABILITY ISSUES

11.  What is Section 504?
12.  I am an employee with a disability.  Do I go to the Title IX / 504 Coordinator & Equity Compliance Officer in order to ask the University to provide me an accommodation?
13.  I am a student with a disability.  Do I go to the Title IX / 504 Coordinator & Equity Compliance Officer in order to ask the University to provide me an accommodation?
14.  Are the Nondiscrimination and Anti-Harassment Policy and Equity Complaint Process accessible to individuals with visual impairments?

MANDATORY REPORTING

15.  Am I a mandatory reporter?
16.  What should I say if I think someone is about to tell me about discrimination he or she has experienced?
17.  If I’ve reported a matter as a mandatory reporter, does that mean I’m involved throughout the case?
18.  I understand that as an employee I am a mandatory reporter.  Does that mean I am supposed to investigate possible violations?
19.  What happens if I don't report within "1 business day" as the policy says I must?
20.  What if a student tells me of a sexual assault that occurred several months ago?  Do I still report it?
21.  What if I overhear two people on campus talking in a very offensive, discriminatory way?  Can I try to put a stop to that, or do I just report the incident?    
22.  What if I’ve heard about a potential policy violation secondhand?  Should I still report it?   

THE COMPLAINT PROCESS

23.  I would like to file a complaint that the Nondiscrimination and Anti-harassment Policy has been violated.  How do I do that?
24.  I am a big believer in trying to work things out informally.  Is that a possibility under the Equity Complaint Process?
25.  The process seems complicated.  Can you provide an overview?
26.  The Equity Complaint Process says I can bring a "support person" with me as part of the complaint process.  What does that mean?
27.  Who are the investigators in the complaint process?
28.  What if someone who’s part of the ordinary decision-making process for complaints is actually a party in case – won’t that create a conflict of interest? 
29.  What is the Bias Related Incident Process?  When does it come into play?
   

PROTECTION AGAINST RETALIATION

30.  I'm a University employee that filed a complaint using the Equity Complaint Process.  I can't be punished for bringing that complaint, can I?
31.  I understand that, as a complainant, witness or aligned party, I'm protected against retaliation.  What does that mean?
32.  I've been asked to be a witness in an investigation, but I'm afraid I'll be punished if I tell the truth.  What should I do?
33.  Does the prohibition of "retaliation" protect me from being sued for defamation or having some other civil action brought against me?
   

CONFIDENTIALITY / COMMUNICATION ISSUES

34.  If I tell someone who works at the University about an incident of discrimination or harassment, can he or she keep it a secret (i.e., keep it private)?
35.  I was a witness in an investigation.  Do I have the right to know how things turned out, or to know that the investigation is over?
36.  I was an accused party (i.e., respondent) to an investigation, and I was found not to have engaged in behavior in violation of the University’s policy.  Yet the complainant continues to say bad things about me.  Can anything be done?
37.  Can you explain what you mean when you say that the University attempts to keep its investigation confidential?
   

LEGAL / EVIDENTIARY STANDARDS

38.  I'm a student who was accused of a crime but the prosecutor decided not to press charges.  Yet I am still being charged through the University's student conduct system.  How?
39.  What exactly is "preponderance of evidence"?

    


    

EMERGENCIES

    

1. I've been physically harmed. What should I do?

You should (1) go to a safe place; (2) tell someone (such as the police or a counselor); (3) seek medical attention; and (4) if you’re a student, contact the Dean of Students office to seek a change in academic or living arrangements in order to stay safe.  You can report the incident to Campus Police at  911 or 937-229-2121.  If you’re a student, you can seek counseling through the University Counseling Center at 937-229-3141 or with a doctor in the Health Center 937-229-3131.  If you’re an employee, you can seek counseling through the Employee Assistance Program at 888-267-8126 or www.lifeworks.com.

2. Where can I get emergency assistance?

Call Campus Police at 911 or 937-229-2121.

BASICS / BACKGROUND

    

3. I thought Title IX was just about women in sports.

Title IX since its enactment as part of the Education Amendments of 1972 has been about more than sports, but it is the topic of sports that dominated the media spotlight for a number of years due to the new programs and scholarships schools created in order to comply.  Beyond sports, Title IX also addresses sex segregation, pregnancy and other issues related to gender quality.  The Department of Education put a particular emphasis on the obligation of schools to promptly investigate matters of sexual discrimination through a Dear Colleague Letter (DCL) issued in April 2011, and the increased enforcement proceedings after that DCL.  It is that DCL that mandated each institution of higher education that receives federal funding to appoint a Title IX Coordinator.

4. Can you give me some examples of sexual harassment?

Some examples of possible sexual harassment include:

  • A professor insists that a student have sex with him/her in exchange for a good grade.  This is harassment regardless of whether the student accedes to the request.
  • A student repeatedly sends sexually oriented jokes around on an email list s/he created, even when asked to stop, causing one recipient to avoid the sender on campus and in the residence hall in which they both live.  
  • Explicit sexual pictures are displayed in a professor’s office or on the exterior of a residence hall door.
  • Two supervisors frequently ‘rate’ several employees’ bodies and sex appeal, commenting suggestively about their clothing and appearance.
  • A professor engages students in her class in discussions about their past sexual experiences, yet the conversation is not in any way germane to the subject matter of the class.  She probes for explicit details, and demands that students answer her, though they are clearly uncomfortable and hesitant.  
  • An ex-girlfriend widely spreads false stories about her sex life with her former boyfriend to the clear discomfort of the boyfriend, turning him into a social pariah on campus.
  • Male students take to calling a particular brunette student “Monica” because of her resemblance to Monica Lewinsky.  Soon, everyone adopts this nickname for her, and she is the target of relentless remarks about cigars, the president, “sexual relations” and Weight Watchers.
  • A student grabbed another student by the hair, then grabbed her breast and put his mouth on it.  While this is sexual harassment, it is also a form of sexual violence.

These examples are taken from the model policy developed by The NCHERM Group, LLC/ATIXA, which the University of Dayton has a license to use.

5.  I'm an employee, and I've heard the University is going to start asking employees whether they're disabled or if they're veterans.  Isn't that discriminatory?

No, requesting such self-identifying information is not discriminatory.  Because the University of Dayton is considered to be a federal contractor, it must comply with certain federal laws that impose Affirmative Action requirements on employers.  A new Affirmative Action requirement taking effect March 24, 2014, requires the University routinely to ask employees to self-identify whether they are veterans or have disability status.  Please be assured that the University will not use any such veteran status or disability information for any unlawful discriminatory purpose, and requests by the University for such information do not constitute discrimination.

6.  I understand that, even when the victim of an incident does not want to bring a complaint or let his/her name be known, an investigation will still be done if there’s a “threat to the community.”  What is meant by a threat to the community?

Any event or conduct involving violence is automatically considered to be a threat.  Other situations are more fact dependent.  For example, if an allegation is made about a single, potentially harassing event, and the Title IX/504 Coordinator and Equity Compliance Officer (ECO) is aware of other situations that suggest that the reported allegation is not an isolated event – such that other potential victims appear to be in harm’s way – an investigation might nonetheless ensue about the single event. 

7.  What does “remedying” a situation mean?

When a violation of the Nondiscrimination and Anti-Harassment Policy occurs, the University is obligated to remedy the situation, meaning that it will attempt to fix the harm experienced by the complainant and will implement measures to prevent the conduct from recurring.  Remedies might include actions to keep the parties separate; making alternative workplace or student housing arrangements; or interim suspensions, suspensions, or expulsions (for students).  A remedy will be commensurate with the seriousness of the offense.  Sometimes remedies do involve very serious consequences for a respondent, but that is only when the problem cannot be fixed without imposing such consequences.  The remedy is not about inflicting punishment on the respondent.  

8.  Can you highlight some of the University’s more significant initiatives in recent years to comply with Title IX and other nondiscrimination requirements?

The University of Dayton's most significant initiatives of the past years to deal with sexual discrimination (including violence) are shown in the following timeline:

revisedtimeline

9.  It looks like most of the University’s efforts have been for students.  Is that true?  If so, why?

The University's early efforts to comply with the Department of Education's April 2011 Dear Colleague Letter did focus on policies and protocols for students, for a number of reasons.  First, most complaints of sexual discrimination -- particularly assaults -- involve students.  Second, sexual assault on college campuses was a growing national concern (and indeed, the University itself had, even prior to the Department of Education's April 2011 letter, undertaken its own task force efforts to address the issue better).  And third, students do not have the protections of Title VII of the Civil Rights Act of 1964, which protects employees from discrimination, meaning that Title IX afforded them rights they do not have elsewhere.  Although the University did focus its early formalized efforts on students, in June 2012 it began reviewing and assessing ways to revise its employee grievance procedures and policies to better reflect Title IX requirements and to ensure that employees understand the processes followed in a Title IX investigation (including each party’s rights).  This employee-focused effort was further prioritized in early summer 2013, when the University retained outside counsel to help with the effort and then subsequently engaged with ATIXA to help determine the best practices for a holistic process that offers ease, clarity and fairness to all constituents.  As part of this effort, the University ultimately studied several other institutions' policies and procedures, and also incorporated and benefited from the work already carried out by the University's Division of Student Development in developing protocols for students.  It is those efforts that took fruition in the improvements launched January 1, 2014.  Please rest assured that, with respect to faculty and staff, the University has applied Title IX procedural requirements and rights whenever Title IX issues have been at stake.  Moreover, employees at the University have always enjoyed the protections of Title VII.   

10. What are the more significant improvements to the policy and process that were implemented January 1, 2014?

One notable improvement is that the policy and procedures are available regardless of the status of the parties (student, faculty, staff, visitor), and regardless of the type of unlawful discrimination alleged.  For example, students have long had the right to appeal Conduct Board decisions, in certain limited instances. We have mirrored the student process to ensure comparable appeal rights for staff/faculty/visitor complaints. Similarly, Title IX investigations in the past were conducted by a cadre of specially trained investigators.  Now, all investigations of unlawful discrimination will be conducted by specially trained investigators.  Another notable improvement is that we’ve made finding relevant information simpler.  For example, the Equity Complaint Process spells out that process that applies to all proceedings, regardless of whether the allegations involve students, staff, faculty or visitors. And the launch of this website too reflects our goal of ensuring information on these important issues can easily be found; this website is accessible from multiple pathways, and from every University of Dayton webpage via the link in the footer.  (On that note, if you have ideas of how this “resource center” webpage can be improved, please provide your ideas to the Equity Compliance Officer; contact information is available at the "CONTACT US" tab on this website.  You can also use the "Suggestion Box" to provide such feedback.)

DISABILITY ISSUES

   

11.  What is Section 504?

“Section 504” refers to Section 504 of the Rehabilitation Act of 1973, which is a federal law that prohibits discrimination against an otherwise qualified individual with a disability, solely on the of the disability, in any program or activity that receives federal financial assistance (such as colleges and universities that receive federal funding through the federal financial aid some students receive).  Three of the most substantial implications of this law for colleges and universities are program accessibility; the provision of auxiliary aids; and accommodations.  The University of Dayton’s Office of Learning Resources has disability specialists who can assist students who may have a need for academic and testing accommodations, alternative formats, and assistive technology.  Appeals of their determinations, as well as complaints or concerns of discrimination based on disability, may be made to the Title IX/Section 504 Coordinator and Equity Compliance Officer (ECO).

12.  I am an employee with a disability.  Do I go to the Title IX / 504 Coordinator & Equity Compliance Officer in order to ask the University to provide me an accommodation?

A.  No.  For employee accommodation requests, you should talk to your supervisor or Human Resources (more information from HR is available here).  If you end up having an issue with how that accommodation request was handled or determined, then you could seek the assistance of the Title IX / 504 Coordinator & Equity Compliance Officer (“ECO”) to help resolve that issue by submitting an Incident Report Form, filing a Complaint or otherwise contacting her.  In other words, the ECO provides an avenue of appeal/grievance after an accommodation decision has been made.  

13.  I am a student with a disability.  Do I go to the Title IX / 504 Coordinator & Equity Compliance Officer in order to ask the University to provide me an accommodation?

A.  No.  For student accommodation requests, you should contact the LTC's Office of Learning Resources.  The trained staff in the Office of Learning Sources will work with you regarding necessary accommodations.  If you end up having an issue with how that accommodation request was handled or determined, then you could seek the assistance of the Title IX / 504 Coordinator & Equity Compliance Officer (“ECO”) to help resolve that issue by submitting an Incident Report Form, filing a Complaint or otherwise contacting her.  In other words, the ECO provides an avenue of appeal/grievance after an accommodation decision has been made.  

14.  Are the Nondiscrimination and Anti-Harassment Policy and Equity Complaint Process accessible to individuals with visual impairments?

A.  Yes, the policy and complaint process are presented as web-based content, meaning they meet the ADA Standards for Accessible Design.  They are also compliant with Section 508 of the Rehabilitation Act of 1973.  For printing convenience, they are also presented in .pdf format.

MANDATORY REPORTING

 

15. Am I a mandatory reporter?

If you are an employee of the University, yes – unless you are a doctor, counselor or ordained member of the clergy acting in that capacity.  As a mandatory reporter, if you become aware of possible discrimination, including harassment, you MUST inform the University by contacting the Title IX/504 Coordinator & Equity Compliance Officer or one of the Deputy coordinators.  You can also satisfy your reporting obligation by filling out the Harassment and Discrimination Incident Report Form.

16.  What should I say if I think someone is about to tell me about discrimination that he or she has experienced?

If someone approaches you as though he or she is going to share something very personal with you, we suggest you say something along the following lines (this is taken from the last page of the Mandatory Reporting Policy):

“I appreciate your willingness to share this with me. Please know that I am here to help in any way that I can. 

If you would like to file a formal complaint with the University, I’ll help you connect with [the appropriate Designated Reporting Office], so that an investigation can begin.  It is important you understand that I may not be able to keep what you tell me confidential.  But if you are comfortable talking with me, I am here to listen.  If you’re not, I can help connect you to a confidential resource such as the University’s Health Center, Counseling Center  or Campus Ministry.  Above all, please know that the University takes this matter seriously and wants to help.”  

17. If I’ve reported a matter as a mandatory reporter, does that mean I’m involved throughout the case?

First of all, if you’ve reported a matter – thank you.  Your role in reporting helps the University respond appropriately to claims that are raised.  But once you’ve done that step of reporting, your role is finished, except the investigators may need to interview you as they gather evidence.  Otherwise you do not have a continuing role in the matter, as it is the Equity Compliance Officer and her team who carry the matter forward and ensure that the University remedies any situation needing remedying.  Please understand that if your role in a matter is that of a mandatory reporter, you do not have the right to know the outcome of the proceedings, and the University is likely to limit the dissemination of any findings or results because of the privacy of the parties involved (although, in limited instances – such as when safety to the community is implicated – the University will make concerns publicly known as appropriate).

18.  I understand that as an employee I am a mandatory reporter.  Does that mean I am supposed to investigate possible violations?

No.  As a mandatory reporter, your job is simply to report any possible incidents of which you become aware to the Title IX/Section 504 Coordinator and Equity Compliance Officer.  It is not to conduct an investigation.  You can fulfill your duty simply by using the Incident Report Form found in the "Complaint, Reporting, and Appeal Forms" tab above.  The investigation will be undertaken by the trained investigators appointed by the Equity Compliance Officer.  They are the only persons acting under the University's authority in conducting an investigation.  Attempting your own investigation could actually threaten the investigatory process.  For example, it might tip off someone suspected of sexual assault that he or she might become the subject of an investigation.  You are doing a valuable service to the University community simply by reporting suspected violations. 

19.  What happens if I don't report within "1 business day" as the policy says I must?  Should I not make the report if I missed the deadline?

There is no punishment for being tardy; please make the report as soon as you can.  The University needs the report as promptly as possible, since it is legally obligated to "promptly investigate" and must wrap up the whole process (including interviewing witnesses, preparing reports, determining any needed remedies, handling appeals) within 60 days.  Delays associated with power outages, travels, etc. can be understood, but please keep expedience in mind as you satisfy your mandatory reporting obligations. 

20.  What if a student tells me of a sexual assault that occurred several months ago?  Do I still report it?

Please report it!  The University's obligation to promptly investigate an issue that violates Title IX is triggered when the University (meaning, any employee) learns of the incident.  Thus it doesn't matter if the sexual assault the student experienced is "stale"; the University still must take steps to find out what happened and implement any necessary remedy.  A delay in the University knowing about an incident can happen particularly in cases of sexual violence or other sexual misconduct, where a victim might be too traumatized or embarrassed to bring the matter forward when it happens but, after a significant passage of time (and perhaps as part of healing process), ultimately comes forward and alerts the University of what happened.  


21.  What if I overhear two people on campus talking in a very offensive, discriminatory way?  Can I try to put a stop to that, or do I just report the incident?

If you witness discriminatory behavior taking place, please intervene (if you can do so safely) and try to put a stop to it.  And please still report it to the Title IX / Section 504 Coordinator and Equity Compliance Officer (by calling, emailing or filling out the Incident Report Form).  If the behavior you are witnessing is physically dangerous such that you cannot safely intervene, please call for emergency assistance.  

22.  What if I’ve heard about a potential policy violation secondhand?  Should I still report it?

Yes.  Do not assume others have reported it.  If you’ve heard about an incident and you do not know for certain if anyone else has reported it, the best course is to go ahead and report it yourself.  The Title IX/504 Coordinator and Equity Compliance Officer will sort through whether any reports are duplicative, i.e., about the same incident.

THE COMPLAINT PROCESS

    

23. I would like to file a complaint that the Nondiscrimination and Anti-harassment Policy has been violated.  How do I do that?

You can use the online Harassment and Discrimination Complaint Form, or you can contact the Title IX/504 Coordinator & Equity Compliance Officer (ECO) directly, by phone at 937-229-3615 or by email at dsipusic1@udayton.edu.

24.  I am a big believer in trying to work things out informally.  Is that a possibility under the Equity Complaint Process?

Yes, for many types of complaints an informal process is a great option.  The University would never require or advise that anyone try to work things out with someone who sexually assaulted him or her or otherwise engaged in an act of violence.  But when the claim involves language or behaviors that you believe might be corrected if the other person knew they were objectionable, the University encourages you to talk with him or her before filing a complaint.  If you do file a complaint and both parties agree, the University will attempt to help you informally resolve the dispute through something like a mediation.  (Again, informal dispute will not be used in cases involving sexual assault or other violence.)

25. The process seems complicated.  Can you provide an overview?

Yes.  You can find a step-by-step chart and explanation under the “How It Works/Quick-Guide” tab on this website, but here is a very basic overview: 

a. The University takes action when it receives a complaint about or a report of possible unlawful discrimination or harassment.  What that action is depends on a lot of things, including whether the alleged victim (the “complainant”) wants to move forward, whether there may be a danger to the community, etc.

b. The Title IX/Section 504 Coordinator and Equity Compliance Officer (ECO) acts as a “gatekeeper.”  The ECO first looks at the facts alleged to see if, assuming they are true, they might be sufficient to add up to a violation of the policy.  Sometimes, as when someone is asserting a sexual assault, the answer is clearly “yes,” and the process moves on.  Sometimes, the answer is “I don’t know. I need to know more facts.”  If so, the process moves on.  But sometimes the answer is “no.”  For instance, a one-time use of an offensive word is not usually sufficient to create a hostile environment as defined by our policy and federal law. If the answer is “no,” the process/case ends.  That does not mean that the University will take no action.  It simply means that the Nondiscrimination and Anti-Harassment Policy has not been violated.  The ECO will refer the matter to the appropriate University official for review and action, if necessary.

c. If the process moves on, it goes to a specially trained investigatory team, which gathers facts about what happened.  The team interviews the complainant, the accused party (the “respondent”), and witnesses and gathers other relevant evidence.  When it is done, the University has a much more complete picture of what each side says happened.  At that point, the investigatory team looks at the question of whether there is probable cause to believe that the policy might have been violated.  The team looks at the evidence in a light most favorable to the complainant.  A finding of “probable cause” does not mean that the complainant will ultimately win.  It just means there is enough evidence to justify sending the case on to a fact-finder (a group charged with determining which facts are probably true).  If there is not enough evidence to create probable cause, the process/case ends. 

d. If there is probable cause, the process/case moves forward to a fact-finder to determine what facts are likely true.  In doing so, it uses a “preponderance of the evidence” standard, which is explained in FAQ #39 ("What exactly is 'preponderance of evidence'?").  If a student is the respondent, the case goes to the Office of Community Standards and Civility for a hearing before an Accountability Board. The Board determines what facts are likely true; whether the policy was violated; and, if so, what action by the University is appropriate.  If a member of the faculty or staff or a visitor is the respondent, the investigatory team serves as the fact-finder, determining what facts are likely true and whether the policy was violated. If it was violated, the team recommends action to the appropriate University official, who makes the final determination as to how to remedy the violation. These basic steps outline in (b) through (d) are illustrated as follows:

simple chart q39

e.  A limited right to appeal exists for both the complainant and the respondent. An appeal is only available if a party can identify new evidence or information that was not known when the fact-finder made its decision or can identify a clear error in the process.

26. The Equity Complaint Process says I can bring a "support person" with me as part of the complaint process.  What does that mean?

A support person is a friend, confidant, family member or other person who can provide emotional or other support during the process.  The support person cannot be someone who may be called as a witness or, generally, someone serving as an attorney.

27.  Who are the investigators in the complaint process?

The investigators are University staff, faculty and students who have been specifically trained to conduct the investigations required by the Equity Complaint Process.  They are assigned to investigations based on the issues and types of parties (e.g., a student might be assigned to investigate a complaint involving students but would not be assigned to one involving faculty/staff).  However, in cases that may trigger conflict-of-interest concerns due to the status of one or more of the parties or where other unique factors exist, the University retains the discretion to hire outside investigators (typically a law firm) to handle the case.  Note that someone who is acting as a mandatory reporter because he or she is an employee is not supposed to investigate the case; that person should only report the matter to the Title IX/504 Coordinator and Equity Compliance Officer (which can be done electronically, using the Incident Report Form at the "Complaint, Reporting and Appeal Forms" tab), and then let the trained investigators handle it from there.

28.  What if someone who’s part of the ordinary decision-making process for complaints is actually a party in case – won’t that create a conflict of interest? 

If someone who is ordinarily part of the decision-making process is a party, then the University will take steps to ensure that a different person or office plays the decision-making role instead.  When necessary to avoid a conflict, the University will even send an investigation to outside legal counsel, who is bound by the Rules of Professional Responsibility governing attorneys to provide an independent evaluation when asked.

29.  What is the Bias Related Incident Process?  When does it come into play?

BRIP, short for the "Bias Related Incident Process," works alongside the University's Equity Complaint Process.  There may be issues of bias or discrimination that are reported (either through a report or complaint) that do not amount to an actual violation of the University's Nondiscrimination and Anti-Harassment Policy (such as where probable cause does not exist), yet it may still be clear that an issue of bias that needs to be addressed exists.  In such situations, the Equity Compliance Officer would send the case to the BRIP team, and the BRIP team will investigate and handle the matter.  For more information, refer to the BRIP information page.  The important thing is that you need not worry about whether the Equity Complaint Process or BRIP process will apply.  If you are aware of an issue of bias or discrimination, simply report the issue using the Incident Report Form on the Complaint & Reporting Forms tab, and the University will apply the appropriate process.

PROTECTION AGAINST RETALIATION

    

30. I'm a University employee that filed a complaint using the Equity Complaint Process.  I can't be punished for bringing that complaint, can I?

Bringing a good faith complaint under the Equity Complaint Process is considered protected activity, which means you cannot be retaliated against for bringing that complaint. That means that no adverse action should be taken against you for bringing the complaint.  For employees, such types of adverse action include, but are not limited to: dismissal from employment; demotion; loss of salary or benefits; transfer or reassignment; or denial of promotion that otherwise would have been received.  For students, such types of adverse action include, but are not limited to:  being given a grade not based on class/test performance; denial of access to a course, program, organization or housing; denial of support, services or other assistance given to other students; or denial of an award that otherwise would have been received.  If you believe you’ve been retaliated against for bringing a good faith complaint, please report that immediately to the Equity Compliance Officer.  Note that an adverse action is retaliatory only if it is taken because you brought the complaint.  The University maintains the right to take action against you for other legitimate reasons, even if you have made a complaint.  For example, if you’re an employee, your supervisor could give you a negative performance review if that’s unrelated to the fact that you brought the complaint.  If you’re a student, that means the University could sanction you for violating the Code of Conduct, so long as that sanction is unrelated to you bringing the good faith complaint.  Note that using the Equity Complaint Process in bad faith, i.e., with deliberately false allegations and malicious accusations of harassment, is not considered protected activity.  Also realize that the person you’ve accused may exercise the right to bring a claim against you if your complaint was in bad faith or malicious, and that would not be considered retaliation. 

31.  I understand that, as complainant, witness or aligned party (someone who's a friend to one of the parties), I'm protected against retaliation.  What does that mean?

The University does not tolerate retaliation – basically, adverse action – for bringing a complaint, participating in an investigation, or being aligned with a party.  Submitting a complaint, participating in an investigation (such as by being a witness), or simply being aligned with a party (that is, being friends or associated with either the complainant or respondent) are all considered protected activities which should not subject a person to any type of negative action.  Retaliation itself is considered a violation of the University’s Nondiscrimination and Anti-Harassment Policy.  However, if you bring a complaint, it does not relieve you from the regular requirements of your job or being a student, such as performance evaluations or class assignments. 

32.  I've been asked to be a witness in an investigation, but I'm afraid I'll be punished if I tell the truth.  What should I do?

You are strongly encouraged to be a witness, as that will help ensure that the investigation leads to the right result.  Just as a person bringing a good faith complaint cannot be retaliated against, witnesses cannot be retaliated against either.  That is, your participation in the investigation is considered “protected activity.”  More information is provided in FAQ #30.

33.  Does the prohibition of "retaliation" protect me from being sued for defamation or having some other civil action brought against me?
     
The decision as to whether to seek redress from the courts for any allegedly defamatory or otherwise actionable comments belongs to the individuals involved, not the University.  The University cannot provide legal advice to individuals in their personal capacity.  If you wish to know the true risks associated with making a particular allegation against a particular individual, whether by way of a formal complaint or by making your allegations publicly known, you should seek the advice of your own personal legal counsel.  

    

CONFIDENTIALITY / COMMUNICATION ISSUES

    

34. If I tell someone who works at the University about an incident of discrimination or harassment, can he or she keep it a secret (i.e., keep it private)?

That depends on whom you tell and what exactly you are reporting.  There are three different levels of privacy:

  1. Strictly Private – These conversations are confidential and can be anonymous.  Except in rare, extreme circumstances, nothing will be shared without your explicit permission.
  2. Mostly Private – These conversations are kept as confidential as possible, but employees must report certain basic information about incidents of possible harassment and discrimination to the Title IX/Section 504 Coordinator and Equity Compliance Officer (ECO) and in some rare cases law enforcement.  Unless there is a threat to the safety of the alleged victim or the University community, this information will not typically include personally identifiable information, such as the alleged victim’s name.
  3. Somewhat Private – These conversations are kept as confidential as possible, but if the complaining party is seeking an investigation or other action, the information must be shared with relevant administrators, the accused (the “respondent”), and possibly others, such as witnesses.  In planning any response, the wishes of the person making the complaint (as well as the alleged victim if he or she is not the complainant) are given full consideration.

If you do not want the University to take any action, but you want to confide in a campus resource who can keep your communication strictly confidential, try one of these resources:

Resource I can get information
and support here
I can get care (physical,
mental or spiritual) here
I can file a formal
complaint here
Privacy
Level
Counseling Center
937-229-3141

(students)

Yes Yes No Strict
Health Center

937-229-3131
(students)

Yes Yes No

Strict

Campus Ministry

937-229-3339
(students and employees)

Yes Yes No Strict
Employee Assistance Program

www.lifeworks.com
(employees)

Yes Yes No Strict


If you want to discuss a possible violation with a campus resource, but do not want to initiate an investigation or other action by the University, you may discuss it with most faculty members, most staff members, and most students.  While all employees are required to report possible incidents of discrimination or harassment to the University, they are usually not required to report personally identifiable information like your name unless there is cause to fear for your safety or the safety of others.  If you are not sure of an employee’s ability to keep matters private, ask before you talk to him or her.  And, remember, students can be employees, too, so they may have a duty to report.

Resource I can get information
and support here
I can get care (physical,
mental or spiritual) here
I can file a formal
complaint here
Privacy
Level
Non-Supervisory
Faculty & Staff
Yes No No Mostly
Private


If you do want the University to investigate or take some other action, you should file a formal complaint with one of these resources:

Resource I can get information
and support here
I can get care (physical,
mental or spiritual) here
I can file a formal
complaint here
Privacy
Level
Title IX Coordinator or
Deputy Coordinator

937-229-2749 or
Online Complaint Form

Yes No Yes Strict
Department of Public Safety

911 (on-campus phone) or
937-229-2121 (off-campus phone)

Yes No Yes Strict
Responsible Employees* Yes No Yes Strict


* Responsible Employees are employees falling into the following categories:  President’s Council Members; Vice Presidents and Assistant and Associate Vice Presidents; Administrative Department Heads with Supervisory Responsibilities; Housing & Residence Life Staff, including Resident Assistants; Student Development Staff with Supervisory Responsibilities; Human Resources Staff; Deans and Associate and Assistant Deans; Academic Department Chairs; and Other Administrators with Supervisory Responsibilities

35. I was a witness in an investigation.  Do I have the right to know how things turned out, or to know that the investigation is over?

In the interest of protecting privacy, the University only informs the actual parties of the outcome of an investigation (which is consistent with Title IX’s requirements) and any sanctions that directly affect them.  FERPA and other laws, as well as our fundamental respect for the interests of parties and witnesses alike, dictate that we only release information on an as-needed basis.  The University does not, as a general rule, have targeted communications with any witnesses following resolution of a matter, as the University does not want to give the appearance to any person who participated in an investigation that he or she is somehow under scrutiny or otherwise being singled out for participating (that is, the witness's "life" on campus should return to normal).  However, given the 60-day time-frame in which we try to complete such investigations, as a witness you can assume that, after a certain period of time has lapsed, the investigation phase is over.  The University’s obligation continues, however, well past the investigation stage to ensure that any required remedies are effective and followed – thus, in that sense, matters are not “over” after 60 days.

36. I was an accused party (i.e., respondent) to an investigation, and I was found not to have engaged in behavior in violation of the University’s policy.  Yet the complainant continues to say bad things about me.  Can anything be done?

We ask that parties and witnesses respect the privacy and dignity of all involved and discuss information obtained as a result of their participation in the investigation only when necessary.  If any member of the University community, including a complainant, is acting in such a way that he or she is violating another University policy (such as the University’s Policy Prohibiting Illegal, Fraudulent, Dishonest and Unethical Conduct), then disciplinary action may be taken, as appropriate, depending on the circumstances.  Additionally, if the complainant him- or herself is acting in a discriminatory or retaliatory manner, then the complainant runs the risk of violating the University’s Nondiscrimination and Anti-Harassment Policy (and thus being the subject of a complaint).  Finally, like a complainant, an accused party always retains his or her own personal rights to consider private action, separate and apart from anything the University might consider.

37.  Can you explain what you mean when you say that the University attempts to keep its investigation confidential?
     
The University makes every effort to keep all matters under investigation as confidential as possible; however, complete confidentiality cannot be guaranteed, as an effective investigation may require revealing relevant information to a variety of individuals.  The University only discusses the facts of a case with those persons necessary, such as witnesses, to come to a resolution.  Further, it only reveals as much information as is necessary to effectively conduct an investigation.  So, for example, if a witness's knowledge is limited to only one of multiple alleged incidents, investigators will not discuss the other alleged incidents with him or her.
The University does not require that participants in an investigation (parties or witnesses) refrain from discussing the investigation.  Certain communications -- such as those needed to build or defend a case, or those considered "protected activity" under the law -- cannot be restricted by the University.  However, the University encourages those who are involved in an investigation to keep the matters discussed confidential to the extent possible, out of concern for the integrity of the process and respect for all parties involved.  Additionally, those with knowledge of an investigation that wish to talk publicly about allegations or rumors -- particularly about matters not known to be true -- may wish to seek their own personal legal counsel before making such public statements (to understand if any legal risks might be associated with such communications).

    

LEGAL / EVIDENTIARY STANDARDS

    

38. I'm a student who was accused of a crime but the prosecutor decided not to press charges.  Yet I am still being charged through the University's student conduct system.  How?

The University's standards are not the same as criminal standards.  That is, the University's Code of Conduct might find certain behavior unbecoming to the University community that does not amount to a crime.  Plus, the University applies a different standard of proof (typically, a "preponderance of evidence" standard) rather than the criminal system's standard of proof (the "beyond a reasonable doubt" standard), meaning, generally, that the criminal system requires more exacting, conclusive evidence before a person can be found responsible.  The criminal system uses a tougher standard because the consequences faced by criminal defendants are so serious -- they risk losing their liberty (i.e., going to jail) if found guilty.

39. What exactly is "preponderance of evidence"?

“Preponderance of evidence” is a standard of proof used in some internal University proceedings, such as Title IX investigations.  As explained in part (d) of FAQ #25, this is how evidence is weighed – that is, the step of determining what actually happened – but this step is not even reached unless it’s first been determined that there’s probable cause that the policy was violated. Practically speaking, what the “preponderance of evidence” standard means is: “Is it more likely than not that what the complainant alleges to have happened actually happened?”  If the decision-maker in a proceeding (whether a student conduct hearing board, investigatory team, etc.) determines it is more likely than not that the alleged event occurred, then the factual finding will be that the event did indeed happen.  Sometimes this is described as "50% plus a feather."  If the persuasive value of the evidence is so evenly balanced that the decision-maker is unable to say whether the alleged event occurred, then the factual finding will be that the event did not happen.  

A tougher standard is used in criminal prosecutions.  Specifically, if an offense were charged by the Montgomery County Prosecutor’s office, ultimate conviction would require a finding that it is “beyond a reasonable doubt” that the elements of the offense were indeed met.  Under Ohio law, “‘Reasonable doubt’ is present when the [decision-makers], after they have carefully considered and compared all the evidence, cannot say they are firmly convinced of the truth of the charge. . . . ‘Proof beyond a reasonable doubt’ is proof of such character that an ordinary person would be willing to rely and act upon it in the most important of the person's own affairs.”  O.R.C. § 2901.05.

    

INTERNAL CONTACTS

   

Inquiries about this policy and process may be made within the University by contacting: 



Complaint Area

Title IX Contact

Complaints against visitors David J. Sipusic*

Title IX/504 Coordinator and Equity Compliance Officer 
St. Mary's Hall, Room 405
937-229-3615
dsipusic1@udayton.edu

Complaints against students Christine Schramm

Deputy Title IX Coordinator
Associate Vice President for Student Development and Dean of Students
Gosiger Hall, Room 202
937-229-1212
cschramm1@udayton.edu

Complaints against faculty Pat Donnelly

Deputy Title IX Coordinator
Associate Provost for Faculty and Administrative Affairs
St. Mary's Hall, Room 212
937-229-2245
pdonnelly1@udayton.edu

Complaints against non-faculty employees Lee Jackson

Deputy Title IX Coordinator
Director of Employee and Labor Relations
St. Mary’s Hall, Room 315
937-229-1284
lmorgan1@udayton.edu

Complaints involving equity in athletics

Angie Petrovic
Deputy Title IX Coordinator
Director of Compliance, Department of Athletics
Frericks Convocation Center, Room 108
937-229-1285
apetrovic1@udayton.edu

* The Title IX/504 Coordinator and Equity Compliance Officer reports to the Vice President for Finance and Administrative Services, but works closely with the Office of the Provost, the Office of Human Resources, the Division of Student Development and the Office of Legal Affairs.

EXTERNAL CONTACTS

    

Inquiries about this policy and process may be made outside the University by contacting: 

DEPARTMENT OF EDUCATION ADDRESSES

    

Office for Civil Rights (OCR)
U.S. Department of Education
1350 Euclid Avenue
Suite 325
Cleveland, OH 44115
Customer Service Hotline #: (800) 421-3481
Telephone: (216) 522-4970 
Facsimile: (216) 522-2573
TDD#: (877) 521-2172
Email: OCR.Cleveland@ed.gov
  

OR 

Office for Civil Rights (OCR)
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-1100
Customer Service Hotline #: (800) 421-3481
Facsimile: (202) 453-6012
TDD#: (877) 521-2172
Email: OCR@ed.gov
Web: http://www.ed.gov/ocr

Equal Employment Opportunity Commission (EEOC)

    

Contact: http://www.eeoc.gov/contact/