Equity Compliance Office
Frequently Asked Questions
Title IX FAQ
Maureen Anderson is the Title IX Coordinator and Executive Director of the Equity Compliance Office. Maureen oversees the Equity Compliance Office and the implementation of the University’s Nondiscrimination and Anti-Harassment Policy.
Sean Weaver is the Assistant Director for Institutional Equity and Section 504 Coordinator.
Sexual harassment is addressed when known. When harassment creates a hostile environment it becomes a violation of the Nondiscrimination & Anti-Harassment policy. Some examples of possible sexual harassment include:
- A teaching assistant or professor insists that a student have sex with them in exchange for a good grade. This is harassment regardless of whether the student responds to the request and irrespective of whether a good grade is promised or a bad grade is threatened.
- An individual repeatedly sends sexually oriented jokes via email list or on a list serv (or group chat), even when asked to stop, causing a recipient to avoid the sender on campus and in the residence hall in which they both live.
- A professor or teaching assistant engages students in class in discussion of sexual experiences, yet the conversation is not in any way germane to the subject matter of the class. They probe for explicit details and/or demand that students respond or engage in this dialogue though they are clearly uncomfortable and/or hesitant.
- Two staff members (or group members) frequently “rate” other members bodies and sex appeal, commenting suggestively about clothing and/or appearance, or suggesting what they might “do” with others.
- An ex-girlfriend (or ex-boyfriend) widely spreads stories about their sex life with their former partner to the clear discomfort of the former partner, turning that person into a social pariah on campus.
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.
Inclusive Accessibility FAQ
No. For student accommodation requests, you should contact the LTC's Office of Learning Resources (www.udayton.edu/ltc/learningresources/index.php), located in Roesch Library. The trained staff in the Office of Learning Resources will work with you regarding necessary accommodations.
If you have an issue with how that accommodation request is handled or determined, then you could seek the assistance of the Equity Compliance Officer (“ECO”) to help resolve that issue by submitting a report online (found at go.udayton.edu/nondiscrimination) or making an appointment by calling 937-229-3622. In other words, the ECO provides an avenue of appeal/grievance after the interactive accommodation process has been utilized.
No. Employees with short or long term disability questions or seeking assistance with accommodation requests should talk to your supervisor or Human Resources (more information from HR is available on the Human Resources website https://www.udayton.edu/hr/employee_resources/disability_accommodations.php).
If you have an issue with how that accommodation request is handled or determined, then you could seek the assistance of the Equity Compliance Office (“ECO”) to help resolve that issue by submitting a report to detail the concern, the online link for such reporting is found at go.udayton.edu/nondiscrimination. In other words, the ECO provides an avenue of appeal/grievance after an accommodation decision has been made.
There are numerous ways you can make your documents and/or events inclusive. The Office of Learning Resources (OLR) has a variety of resources around creating inclusive syllabi, learning and teaching environments, as well as questions around accommodations. OLR also has a free tool to assist members of the UD community that can easily transform your documents into an alternative format that is accessible to a variety of audiences. You can find instructions on the use of this self-service tool here: https://udayton.edu/ltc/learningresources/disability/sensus_access.php. Additionally, when planning an event, it may be helpful to utilize this checklist (udayton.edu/documents/926623/4824693/planning_inclusive_events.pdf) to consider and ensure you are advertising and creating an event that is inclusive to all members of our community.
You might also find this resource from Syracuse University provides some helpful tips as well: https://sudcc.syr.edu/_documents/InclusiveEventsSeminarsGuide.pdf
Bias Discrimination FAQ
Emergencies FAQ
Self-Reporting FAQ
Mandatory Reporting FAQ
If you witness discriminatory behavior taking place, please intervene (if you can do so safely) and try to put a stop to it. Remember that intervention does not have to be directly addressing troubling behavior, in some circumstances distraction, such as changing the subject or redirecting attention, can stop the behavior. There might be additional opportunity to privately address the behavior with the individual. In addition, deferring to someone else - such as calling over a friend or supervisor - can also be an effective means to stop adverse behavior.
Please still report it to the Equity Compliance Office (by completing an online report, the link can be found at go.udayton.edu/nondiscirmination). Of course, if the behavior you are witnessing is physically dangerous such that you are concerned for safety of you or others, please call Public Safety at 937-229-2121 for on campus emergency assistance or call 911 when away from campus.
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:
“I appreciate your willingness in coming me. It is important you understand that I may not be able to keep what you tell me confidential, I want to protect your privacy but may need to share information with my supervisor or the Equity Compliance Office as I am required. But if you are comfortable talking with me, I am here to listen. If you are unsure about sharing, I can help connect you to a confidential resource such as the University’s Health Center, Counseling Center or Ordained Clergy. Please know that I do want to be helpful to you, so if you’d like to explore available options together, I can help connect you with the Equity Compliance Office.
If someone has disclosed information to you, it may be helpful to state the following: “Thank you for your willingness to share this with me, and I am sorry to hear of your experience. Please know that the University takes these matters seriously and wants to help. There are resources and options available. Can I help you explore these options?”
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 if the investigators feel they 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 their 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).
Resolution Process FAQ
Typically*, investigators are University staff and faculty who have been specifically trained to conduct the investigations required by the Equity Compliance Resolution Process. The Equity Compliance Officer assigns the investigation team and provides guidance regarding process, as needed. Investigators are selected giving consideration to many factors, including seeking to avoid actual or perceived conflict-of-interest; the Equity Compliance Office retains the discretion to hire outside investigators to serve a case when needed.
*As explained in Section 14 of the Equity Compliance Resolution Process, in some circumstances an outside investigator may be retained.
The University's policy is separate from the legal code of the State of Ohio. Policy standards of decision making are not the same as criminal standards of evidence. That is, the University's Policy and Code of Conduct prohibits behaviors that do not amount to a crime, as well as some behaviors that are both prohibited by the University and may violate law. Additionally, the University applies a different standard of proof in University procedures (a "preponderance of evidence" standard) rather than the criminal system's standard of proof (the "beyond a reasonable doubt" standard). The University process will typically proceed regardless of the status of any related criminal charge.
The criminal justice system is separate and distinct from the University’s policy and conduct process. In the criminal justice system, the inquiry focuses on whether an individual violated the law. By contrast, in a University proceeding, the inquiry focuses on whether the individual violated the University’s Nondiscrimination and Anti-Harassment Policy and/or Code of Conduct (or other University policy). Because the standards for pursuing and completing criminal investigations are different from those used for University investigations, the termination of a criminal investigation without an arrest or conviction is not determinative of whether or not a University policy has been violated.
Confidentiality and Retaliation FAQ
That depends on whom you tell and what exactly you are sharing. Confidential support can be provided by clinicians of the Counseling Center and/or Health Center, as well as ordained clergy of Campus Ministry. These resources maintain confidentiality and will not share information except at your request.
Other staff and faculty are expected to protect privacy but must report potential matters of discrimination or harassing behavior to the Equity Compliance Office (per the University’s Mandatory Reporting Policy) to insure impacted parties receive information about rights and resources. Every effort is made to protect individual privacy.
- Confidential support for students is available through the Counseling Center, Gosiger Hall.Call 937-229-3141 to schedule an appointment.
- Confidential support for employees is available through the contracted Employee Assistance Program, Lifeworks. More information can be found on the HR benefits website, or by visiting lifeworks.com.
Individuals can consult with the Equity Compliance Office by sharing information (even that is not identifiable (e.g. does not includes names or specific details)) to learn more about options that may be available for reporting and resources.
There are a few resources that may maintain confidentiality, offering options and a space for listening without any obligation to inform University officials or an outside agency unless the reporting party (impacted party/complainant) requests that the information be shared. If a party who has experienced an incident of discrimination or harassment does not desire any type of action by the University and would like the details of the incident to be kept confidential, but desires to confide in someone, the party may speak with:
- a counselor at the University Counseling Center 937-229-3141 (students);
- a doctor at the Health Center 937-229-3131 (students);
- an ordained member of the clergy through Campus Ministry 937-229-3339 (students and employees);
- a counselor through the Employee Assistance Program, www.lifeworks.com (employees);
- off-campus local rape crisis counselors, domestic violence resources, local or state assistance agencies, ordained clergy members.
Other campus resources, such as public safety or most staff and faculty who are “Responsible employees,” cannot by law provide confidentiality (although they will make reasonable efforts to limit disclosure of information so as to protect privacy, sharing only what is needed to be shared with those who have a need to know). These employees do need to share information about potential discrimination or harassment with the Equity Compliance Office. Reporting individuals may speak with the Equity Compliance Office to inquire about how their identity may be protected if they wish to share information but also remain confidential (this may limit options for resolution).
The University expects that privacy is protected for those reporting or otherwise involved in any report or investigation related to the Nondiscrimination and Anti-Harassment Policy. Only a small group of officials who need to know may be told what they need to know, including but not limited to: University Policy/Public Safety, relevant Deputy Coordinator(s), members of Threat Assessment Team, and/or staff who may need some information to coordinate remedial action. The circle of people with this knowledge will be kept as tight as possible to preserve privacy. All who are made aware of details are also reminded of this privacy expectation. Finally, the records of the Equity Compliance Office are also maintained centrally and securely so as to protect privacy.
The University does not require that participants in an investigation (reporting and responding parties) refrain from discussing the investigation, though those who are involved in an investigation are encouraged to keep the matters discussed private, out of concern for the integrity of the process and respect for all parties involved.
Other Questions?
If you have a question that was not addressed in this FAQ, please feel free to reach out to the Equity Compliance Office.