Romantic and/or sexual relationships between individuals in a supervisory, teaching, evaluation, advising, coaching, or counseling relationship constitute a conflict of interest. The person in the position of higher institutional authority has the responsibility to eliminate the conflict of interest. The conflict of interest must be eliminated in a way which minimizes potential for harming the person with lower institutional authority.

Students who are in the position to influence academic or employment decisions about others with whom they are in a romantic and/or sexual relationship should recuse themselves from such decisions.

For more information, see http://hr.osu.edu/policy/policy115.pdf.  

INVESTIGATION OF SEXUAL HARASSMENT COMPLAINTS

The University has a compelling obligation to address allegations and suspected instances of discrimination and harassment.  The Office of Student Judicial Affairs is responsible for investigating all complaints of sexual harassment by students in the non-employment setting.

Initiating a Complaint of Sexual Harassment

Complaints can be filed by contacting the Office of Student Judicial Affairs.  Complaints of sexual harassment should be filed within 6 months of notice of the event(s) that gave rise to the complaint.  Filing a complaint with The Ohio State University Office of Student Judicial Affairs does not preclude the individual from filing a complaint with an external agency nor does it extend time limits with those agencies.

Individuals who wish to make a complaint of discrimination should:

A.     In simple situations, talk with the responsible party or seek to resolve the situation.

B.     If the issue is not resolved, contact the Office of Student Judicial Affairs.

C.     Provide witnesses and/or documentation from individuals that have first-hand knowledge of the situation.

D.     Respect the confidentiality of all parties.

E.      Keep the investigator informed of any new concerns or retaliation.

RESPONSIBILITY FOR RESOLVING COMPLAINTS

A. Office of Student Judicial Affairs

1.      Conduct all investigations following these guidelines.

2.      Maintain data regarding complaints of sexual harassment.

3.      Determine appropriate disciplinary actions.

4.      Monitor disciplinary actions to ensure compliance.

Investigator Duties

A.     Individuals will be informed of the investigation and its progress in a timely basis, in compliance with student records policies.

B.     The investigator will discuss reporting options the complainant.

C.     The investigator will discuss the following with the complainant and accused:

1.      The behaviors and any related issues that gave rise to the complaint.

2.      The policy under which the complaint is brought and these investigation guidelines.

3.      The University has a compelling obligation to address complaints and suspected instances of sexual harassment.  The University is not precluded from taking any action it deems appropriate, including informing the accused of the allegations and pursuing an investigation even in cases when the complainant is reluctant to proceed.  The complainant will be notified in advance when such action is necessary.

4.      The manner and frequency with which they will be updated about the status of the investigation.

5.      The importance of confidentiality during the investigation.  To the extent possible, the University will make every reasonable effort to conduct all proceedings in a manner that will protect the confidentiality of all parties in accordance with student records policies.  Parties to the complaint should treat the matter under investigation with discretion and respect for the reputation of all parties involved.

6.      University policy and state and federal law prohibit retaliation against an individual for reporting discrimination/harassment or for participating in an investigation.  The University will not tolerate retaliation of any form against any faculty, staff, student, or volunteer who files a complaint, serves as a witness, assists a complainant, or participates in an investigation of sexual harassment.  Retaliation is a serious violation that can subject the offender to sanctions independent of the merits of the sexual harassment complaint. Allegations of retaliation should be directed to the Office of Student Judicial Affairs.

D.     The investigator, in collaboration with unit representative(s) and the complainant, will determine if special provisions are necessary to ensure that no harassment occurs against the complainant while the investigation is pending.

1. Investigation Process

A.     Purpose of the investigation

The purpose of the investigation is to evaluate the allegations of discrimination/harassment, formulate a response that addresses the facts as they are determined, and follow up to ensure that the recommended measures are completed.

B.     Method of investigation

Depending on the facts of the case, an investigation may range along a continuum from a one-on-one conversation with the accused with an agreement as to further interactions; to an inquiry with several witness interviews; to the accused being charged with a violation of the Code of Student Conduct.  In every case, a record must be made of the allegations, investigation, and action taken.

C.     Presence of support persons

An individual of the complainant and accused choice may accompany them at the initial interview and subsequently, as appropriate.

D.     Possible outcomes

An investigation may result in one of the following findings:

1.      A determination that there is sufficient evidence to indicate a violation.

2.      A determination that there is insufficient evidence to indicate a violation.

3.      A determination that inappropriate behavior or other policy violation has occurred.

4.   A determination that there is sufficient evidence to indicate that an allegation is false.  A false charge occurs when someone intentionally reports information or incidents that they know to be untrue. 

If harassment, false allegation, inappropriate behavior, or other policy violation has occurred, the University will take appropriate steps to correct the behavior, either through charges under the Code of Student Conduct or an informal resolution.

Disciplinary Action Implementation

Where sexual harassment is found, steps will be taken to ensure that the behavior is stopped promptly.  Appropriate disciplinary action may range from written reprimands, suspensions, or other action up to and including dismissal, in accordance with the Code of Student Conduct.  The Office of Student Judicial Affairs will monitor disciplinary action to ensure compliance.

In cases involving students acting in their employment capacity, investigation would be conducted by the Office of Human Resources, and,  measures may be imposed in accordance with Human Resources Policy 10.10, Student Employment

CONFIDENTIALITY 

To the extent possible, all information received in connection with the filing, investigation, and resolution of allegations will be treated as confidential except to the extent it is necessary to disclose particulars in the course of the investigation or when compelled to do so by law.  All individuals involved in the process should observe the same standard of discretion and respect for the reputation of everyone involved in the process.

RETALIATION 

University policy and state and federal law prohibit retaliation against an individual for reporting sexual harassment, or for participating in an investigation.  The University will not tolerate retaliation in any form against any faculty, staff, student, or volunteer who files an allegation, serves as a witness, assists an alleger, or participates in an investigation of sexual harassment.  Retaliation is a serious violation that can subject the offender to sanctions independent of the merits of the allegation.  Allegations of retaliation should be directed to the Office of Student Judicial Affairs

For consultation:

·        Office of Student Judicial Affairs 614-292-0748

• Office of Student Affairs 614-292-

For counseling: or support:

·        Sexual Violence Education and Support Program

·        Office of Residence Life

·        Counseling and Consultation Service

·        Office of Student Affairs

·        Multicultural Center

For more information:

·        OSU Record Retention Policy
http://www.lib.ohio-state.edu/OSU_profile/arvweb/retention/gensched.htm

·        Discrimination/Harassment Complaint Form http://hr.osu.edu/hrpubs/forms.htm

·        Code of Student Conduct http://www.osu.edu/units/stuaff/csc2.html