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Title IX and Walsh University

Walsh University Discrimination Policy

Statement of Policy

Walsh University does not discriminate on the basis of race, religion, age, sex, sexual orientation, color, disability, national or ethnic origin, or status as a veteran, in policies and programs such as those specified below. This statement applies to all academic pro¬grams, all athletic programs, and to all policies and procedures concerning students and student activities. This statement applies to all personnel and administrative policies. In order to maintain its Catholic identity, Walsh University may prefer to hire individuals who are Catholic or who demonstrate adherence to the ideals expressed in the University Mission Statement. Finally, it is the policy of the University to maintain an environment free of sexual harassment and intimidation.

It is the stated policy of Walsh University to promote and maintain a campus environment free from all forms of discrimination, intimidation, and exploitation, including sexual harassment. The use of one’s institutional position or authority to promote discrimination against any individual or group or to solicit unwelcome sexual relations with a member of the Walsh University community is incompatible with the mutual trust and respect among the University community fundamental to the mission of the University. Discrimination and sexual harassment are considered unethical and unprofessional activities, especially when they involve persons of unequal power, authority, or influence. Furthermore, discrimination and sexual harassment are illegal under Title VII of the 1964 Civil Rights Act.

In accordance with the mission statement and compliance with nondiscrimination laws, Walsh University regards freedom from discrimination and sexual harassment an individual employee and student right protected by policy. Members of the Walsh community must stand against assaults upon the dignity and value of any individual. Walsh University is committed to freedom of expression; however, the value of free expression is undermined by acts of discriminatory harassment that harass, intimidate, or humiliate members of the community or create a hostile or offensive campus environment. Protected free expression ends when prohibited discriminatory harassment begins.

It is imperative that members of the Walsh community know that discriminatory harassment will not be tolerated.

Definitions

Discriminatory behavior involves the singling out, excluding, or demeaning any individual on the basis of age, gender, religion, sexual orientation, race, ethnicity or national origin, disability or veteran status.

Discriminatory harassment generally includes conduct (oral, written, graphic or physical) directed against any person or groups of persons because of age, gender, race, ethnicity or national origin, sexual orientation, disability, veteran status or religious preference, and that has the purpose or reasonably foreseeable effect of creating an offensive, demeaning, intimidating or hostile environment for that person or group of persons. Such conduct includes, but is not limited to, objectionable epithets, demeaning depiction or treatment, and threatened or actual abuse or harm.

Sexual harassment includes unwelcome sexual advances, requests, for sexual favors, and other verbal, nonverbal, or physical contact of a sexual nature when:

  1. submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or education;
  2. submission to or rejection of such contact by an individual is used as the basis for academic or employment decisions affecting the individual;
  3. such conduct has the purpose or effect of interfering with an individual’s academic or work performance or creating an intimidating, hostile or offensive working, educational, or living environment.

Sexual harassment includes the following examples:

  • demeaning verbal remarks that are lewd, obscene, or sexually suggestive in the form of jokes, teasing, or insults directed at a person or group
  • inappropriate behavior of touching, pinching, patting, fondling, kissing, or cornering
  • pressure for dates and/or sex
  • requests for sex in exchange for grades, salary raises, or promotion.

Any employee or student who may have been a victim of or is a witness of discrimination or harassment should proceed as follows:

For issues involving discrimination or harassment based on gender, including sexual harassment, the Walsh University Title IX procedures govern these complaints. Please contact Amy K. Malaska, Title IX Coordinator at 330-490-7321 or amalaska@walsh.edu. A complete listing of the Title IX Coordinator and Deputy Title IX Coordinators are also available on this webpage.

For issues involving race, religion, age, color, disability, national or ethnic origin or status as a veteran, please refer to the Walsh University Equity Board description and procedures. Please contact the current chair of this Board, Dr. Carrie VanMeter at cvanmeter@walsh.edu to address any questions you may have.

Title IX Coordinator

The Title IX Coordinator and Deputy Coordinators are responsible for overseeing complaints brought forward under Title IX and associated Walsh University policies to assure that these matters are being handled appropriately. In addition, they are called to identify and address patterns of misconduct and systemic problems which may become evident as a result of investigations. The Title IX Coordinator and Deputy Coordinators also serve as resources for anyone seeking additional information about the processes under this policy, about other resources that may be available to victims of misconduct covered by this policy, or who wish to file a complaint of an alleged violation of this policy.

Title IX Coordinator

Amy K. Malaska

Vice President for Student Affairs
103 David Center
2020 East Maple Street, North Canton, OH 44720
330-490-7321 
amalaska@walsh.edu 

Title IX Deputy
Meredith Soduk

Academic Affairs
209 Farrell Hall
2020 East Maple Street
North Canton, OH 44720
330-490-7529
msoduk@walsh.edu 

Title IX Deputy
Davidcia Stubbs

Human Resources
102 Farrell Hall
2020 East Maple Street
North Canton, OH 44720
330-490- 7542
dstubbs@walsh.edu 

Title IX Deputy
Kristi Campbell

Student Affairs
103 David Center
2020 East Maple Street
North Canton, OH 44720
330-490-7105
kcampbell1@walsh.edu

Speaking Confidentially Regarding Sexual Assault

Walsh University recognize a student may wish to speak confidentially about sexual assault. If the student does not want to proceed with an investigation but needs personal support, it is important that students understand the Office of Civil Rights does not require campus mental-health counselors, pastoral counselors, health center employees, (or who is supervised by such a person) to report - without the student’s consent - incidents of sexual violence to the school in a way that identifies the student. The counselor-client relationship is protected so students can seek the help they need.

Procedures for Institutional Action in Cases of Alleged Domestic Violence, Dating Violence, Sexual Assault, Gender-Based Complaints, Stalking and Retaliation

Title IX Authority

Title IX protects individuals from harassment connected to any of the academic, educational, extracurricular, athletic, and other programs, activities or employment of schools, regardless of the location. Title IX protects both males and females from sexual harassment by any school employee, student, and a non-employee third party.

If the assailant is a student, regardless of criminal or civil action, campus administrative action may be initiated through the Student Conduct system.

Filing a Complaint

Any member of the University community may file a complaint of misconduct against students or employees. Complaints asking for action on the misconduct are to be prepared in writing and signed by the complainant. Complaints against students are to be directed to the Dean of Students/ Chief Judicial Office, Bryan Badar. Gender-based complaints against employees should be directed to the Director of Human Resources, Frank McKnight. Any complaint should be submitted as soon as possible after the misconduct takes place or becomes known. In some situations however, the complainant may delay in filing a complaint. Such delays may make it more difficult to secure evidence and witnesses; however, resolution is still possible.

It is the responsibility of those charged with upholding Title IX matters to ensure that investigations occur in all gender-based misconduct complaints. When a complaint is received by either Judicial Affairs or the Human Resources Office, an initial review will be conducted. The initial review will be followed by a resolution process. The Title IX designated reviewer will determine the process of resolution of the complaint in consultation, if appropriate, with the complainant.

In the case of gender-based offenses, the Title IX investigator may take immediate measures to assist complainants in resuming educational activities while deciding what course of action, if any, to pursue against a respondent or while awaiting the results of a resolution process. Some interim measures can be utilized even when the decision is made not to file a complaint. Interim measures include but are not limited to, the following: providing an escort, changing the complainant’s course schedule or room assignment in the residence halls, arranging academic accommodations, waiving the service fee for on-campus health center services, and/or implementing appropriate educational or prevention strategies to address the environment in which the offense took place. Additional interim measures can be utilized in those cases where the complainant has filed a complaint. These include, but are not limited to, the following: issuing no contact orders, limiting the respondent’s access to campus, limiting the respondent’s access to facilities and activities, and changing the respondent’s course schedule or room assignment. When appropriate, the respondent may be placed on interim suspension.

Standard of Evidence

The standard of proof used for a student conduct case and all Title IX cases is a preponderance of evidence. This means a greater than 50% chance (based on the evidence by the complainant) that the respondent is responsible for the university policy violation in the complaint.

Rights of the Complainant and the Respondent

The Complainant and the Respondent are entitled to the same opportunities to have others present during an institutional disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceedings by an advisor of their choice.

Both the Complainant and the Respondent shall be simultaneously informed, in writing, of: 1) the outcome of any institutional disciplinary proceedings that arise from an allegation of domestic violence, dating violence, sexual assault, or stalking; 2) the institutions’ procedures for the accused and the victim to appeal the results of the institutional disciplinary proceeding; and 3) any change to the results that occurs prior to the time that such results become final - and when such results become final.