Sexual Harassment and Misconduct Policy

Purpose

Belmont College is committed and responsible for establishing, maintaining, and providing a safe, secure, and non-discriminatory environment for our employees, students, and visitors, free of sexual harassment/misconduct and sexual discrimination based on gender, gender identity, sexual orientation, and/or pregnancy. The College will not tolerate sexual harassment/misconduct whether it’s sex-based discrimination or sex-based violence based on sexual orientation, gender identity, and/or pregnancy. Sexual harassment/misconduct has the potential of threatening a person’s academic performance, employment, and day-to-day life. This type of behavior is prohibited by this policy.

Policy Statement

It is the policy of Belmont College to enforce Title VII of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972 to provide an educational, employment, and business environment free of all forms of sexual discrimination and/or sexual harassment. Belmont College also prohibits retaliation for asserting or otherwise participating in claims of sex discrimination and/or sexual harassment.

Persons Affected

This policy applies to all Belmont College students, faculty, staff, and members of the College community, contractors, consultants, vendors doing business or providing services to the College, and visitors. If the violation is potentially within Title IX jurisdiction, please refer to the Belmont College Title IX policy (Policy 501.0100.20) for investigative, hearing, appeal, and other Title IX related procedures. If the violation involves a combination of a Belmont College student, faculty, staff member, vendor, and/or visitor but the alleged behavior did not take place on a Belmont College property or event, or the alleged violations do not rise to the level of a Title IX violation an administrative investigation could still take place. However, it would not fall within Title IX jurisdiction.

Definitions

Sexual Misconduct – any unwelcome behavior of a sexual nature that is committed without consent. Sexual misconduct can occur between persons of the same or different sex. Sexual misconduct is a type of behavior that uses power, control, and/or intimidation to harm another. It includes sexual harassment, sexual assault, domestic violence, dating violence, and stalking. It occurs when there is an absence of consent. Consent is a free and clearly given “yes,” not the absence of a “no,” and cannot be received when a person is incapacitated by alcohol or drugs. Sexual misconduct is a broad term that includes sexual assault (rape, sexual fondling, incest, or statutory rape) as well as sexual exploitation and sexual harassment.

Criminal Sexual Contact (Previously known as Fondling) – the intentional touching of the clothed or unclothed body parts of another person without consent of the victim, for the purpose of sexual degradation, sexual gratification, or sexual humiliation. (updated FBI definition, 2025).

Consent – a freely and affirmatively communicated willingness to participate in sexual activity, expressed by clear, unambiguous words or actions. It is the responsibility of the initiator of the sexual activity to ensure that they have the other person’s consent to engage in sexual activity, throughout of the entire sexual activity, by all parties involved. At any time, a participant can communicate that they no longer consent to continuing the activity. Consent cannot be obtained through the use of force, coercion, or intimidation or if the victim is mentally/physically incapacitated, including through the use of drugs and alcohol. Consent cannot be assumed based on the existence of a previous dating or sexual relationship. The initiator’s use of alcohol or drugs does not diminish their responsibility to obtain consent.

Force – the use of physical violence, threat of physical violence, and/or imposing on someone physically to gain access sexually.

Rape – penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.

Coercion – unreasonable, intimidating, or forcible pressure for sexual activity.

Sexual Assault – includes non-consensual vaginal penetration by a penis, object, tongue, or finger; anal penetration by a penis, object, tongue, or finger; and oral copulation (mouth to genital contact), no matter how slight the penetration or contact.

Sexual Exploitation – occurs when someone takes non-consensual or abusive sexual advantage of another for their own advantage or benefit, or to the benefit of anyone other than the person being exploited.

Stalking – engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others or suffer substantial emotional distress. Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.

Domestic Violence – a felony or misdemeanor crime of violence committed by a current or former spouse or intimate partner of the victim; by a person whom the victim shares a child in common; by a person who is cohabiting with or has cohabited with the victim as a spouse or intimate partner; by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the State of Ohio or within the jurisdiction in which the crime of violence occurred; or by any other person against an adult or youth victim who is protected from that person’s acts under the laws of the State of Ohio or within the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.

Intimate Partner Violence/Dating Violence – violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim and where the existence of such a relationship shall be determined based on a consideration of the length of the relationship, the type of relationship, and/or the frequency of interaction between the persons involved relationship.

Gender-Based Violence – gender-based violence refers to any type of harm that is perpetrated against a person or group of people because of their factual or perceived sex, gender, sexual orientation, and/or gender identity.

Sexual Harassment – conduct on the basis of sex that satisfies one or more of the following: unwelcomed sexual advances; request for sexual favors; and/or other verbal, non-verbal, or physical conduct of a sexual nature. Sexual harassment is sex-based harassment that includes gender-based harassment. Sexual harassment is inclusive of sexual violence and gender-based harassment, defined as the following:

• Sexual Violence

Sexual Violence is a form of sexual harassment. Sexual violence refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent (examples – due to the person’s age or use of drugs or alcohol, or because an intellectual or other disability prevents the person from having the capacity to give consent). Several different acts fall into this category including rape, sexual assault, sexual battery, sexual abuse, and sexual coercion.

• Gender-Based Harassment

Gender-based harassment is unwelcome conduct based on an individual’s actual or perceived sex. It includes slurs, taunts, stereotypes, or name-calling as well as gender motivated physical threats, attacks, or other hateful conduct.

• An individual can experience harassment of one type or may experience combinations of discriminatory conduct.
• An employee of the College conditioning the provision of aid, benefit, or service of the College on an individual’s participation in unwelcome sexual conduct;
• Unwelcome conduct determined by reasonable person to be severe, pervasive, and objectively offensive (Title IX) or severe, pervasive, or persistent (non-Title IX) that it effectively denies a person equal access to the recipient’s educational program or activity; or
• “Sexual assault,” “dating violence,” “domestic violence,” or “stalking” as those terms are defined under other federal laws such as the Clery Act and the Violence Against Women Act.

Forms of sexual harassment include:

• Quid Pro Quo – the abuse of power and/or authority. Such as behavior is especially harmful in situations where the imposition of unwanted sexual attention is accompanied by explicit or implied promise of employment, academic success, preferential treatment, the threat of reprisal, or a negative consequence for refusal to engage in behavior of a sexual nature. Sexual harassment may occur without employment, academic, or economic injury to the person.
• Hostile Work Environment – includes any unwelcome and severe or pervasive action of a sexual nature which unreasonably interferes with job performance or learning ability and creates intimidating, or offensive work or academic environment, even if it leads to no tangible or economic consequences. A single instance of harassment may be sufficient to create a hostile work environment.

Procedures

Reporting Responsibilities for Sexual Misconduct/Harassmen

Anyone who believes that an administrator, supervisor, employee, faculty member, student, or non-employee’s behavior constitutes discrimination or harassment has a responsibility to report the behavior or action as soon as it is known, but no later than 180 days after the occurrence, so that the College may administer this policy.

In cases of alleged sexual misconduct/harassment where the person or alleged perpetrator is a student, a potential student, an employee, or a campus visitor, the complaint may be made to any of the following:

• Director of Safety and Compliance (Title IX Coordinator)
• Office of Human Resources
• Any College supervisor
• Any College employee
• College Instructor/Faculty
• A Law Enforcement Officer from the local jurisdiction (if the allegation is also a criminal offense)

Any person designated to receive complaints under this policy who has direct or constructive knowledge of alleged discriminatory or harassing behavior is a mandatory reporter and must take immediate appropriate action to report the behavior to the Director of Safety and Compliance. Failure to do so shall result in disciplinary action up to and including termination of employment.

Belmont College has several courses and programs where minors (under 18) are on campus or enrolled online. Belmont College faculty and staff have a responsibility to protect these students and report any allegations that may arise.

* In cases where the alleged sexual misconduct/harassment involves a minor, College employees (Faculty or Staff) must immediately report the incident to the Director of Safety and Compliance (Title IX Coordinator) and/or the proper investigative authorities. Per Ohio Revised Code 2151.421, College employees are mandated reporters if they have reasonable cause to suspect that a child (under 18) has suffered or faces a threat of abuse or neglect.

Reporting to an outside agency

Persons who believe that they have been subjected to sexual misconduct may also file a complaint with the local law enforcement agency, if criminal justice action is desired, the Ohio Civil Rights Commission, the U.S. Equal Employment Opportunity Commission, or the U.S. Department of Education’s Office of Civil Rights. Information assistance regarding filing charges with any of the agencies may be obtained from the agency directly or from the College’s Director of Safety and Compliance. 

Confidentiality

To the extent possible, all information received in connection with the reporting, investigation, and resolution of allegations of sexual misconduct/harassment will be treated as confidential, except to the extent it is necessary to disclose information in order to investigate the allegation, take steps to stop, prevent, or address the misconduct, resolve the complaint, or when compelled to do so by law. All individuals involved in the process should observe the same standard of discretion, privacy, and respect for the reputation of everyone involved in the process.

Retaliation

College policy along with federal and state laws strictly prohibit retaliation in any form against any employee, faculty member, student, vendor, visitor, or other person participating in a college program or activity who complains against an allegation, or who participates in an investigation of sexual misconduct/harassment.

A complete copy of the investigative procedures involving sexual misconduct can be obtained from the Director of Safety and Compliance or the Belmont College website.

Non-Title IX sexual harassment investigative procedure will follow a prompt, impartial fact-finding process. The Director of Safety and Compliance will conduct the investigative process that will include reviewing the complaint, interviewing involved parties and potential witnesses, collecting relevant evidence, and completing an investigative report (including a conclusion and recommendation). The determination will be based on preponderance of evidence standard and use the sufficiently severe, sufficiently persistent, or sufficiently pervasive model.

A copy of the investigative report will be provided to the appropriate Belmont College administrator (ex. President or Vice President) for any possible disciplinary decisions.