Health & Safety


Title IX and Violence Against Women Act (VAWA)


The Violence Against Women Act amendments to the Clery Act (VAWA) address domestic violence, dating violence, sexual assault, and stalking on campus. Per Clery Act definitions, the College campus is 1645 Tiffin Avenue, the parking lots directly north and west of 1645 Tiffin Avenue, the common area lawn immediately south of Tiffin Avenue, and the sections of public sidewalk spanning 1645 Tiffin Avenue to the south and north of Tiffin Avenue. All Clery Act crime statistics are based upon this geography.

Clery Act statistical reporting can be found here: http://www.artisancollegeofcos.com/Stats_Campus_Security.html

Title IX protects students, employees, applicants for admission and employment, and other persons from all forms of sex discrimination, including discrimination based on gender identity or failure to conform to stereotypical notions of masculinity and femininity.

The College is too small to hire and maintain staff specifically for the education of preventing domestic violence, dating violence, sexual assault, and stalking. However, as an attempt to create a program to address such concerns, the College has a list of several domestic violence shelters in the Findlay and surrounding areas. This list is available upon request for any applicants, faculty, staff, and students.

A Title IX coordinator will also be adopted by the College. Title IX protects students, employees, applicants for admission and employment, and other persons from all forms of sex discrimination, including discrimination based on gender identity or failure to conform to stereotypical notions of masculinity and femininity. Coordinators in this position are to hear complaints from faculty, staff, and/or students regarding any violation of the above. This coordinator will be as independent from the disciplinary ruling as possible, given the College's size. The Title IX coordinator will also take the necessary training as requested by by VAWA, Title IX, and/or the Clery Act.

An awareness program may be available by other organizations better suited to address the needs of the VAWA amendment. The College will reach out to these representatives and set up a schedule, preferably annual, for a presenter to cover topics outline in §304 of VAWA language.

Below is the Federal Campus Sexual Assault Victims' Bill of Rights: 

·         Survivors shall be notified of their option to notify law enforcement.
·         Accuser and accused must have the same opportunity to have others (i.e. advisor of their choice) present.
·         Both parties shall be simultaneously informed in writing of the outcome of any disciplinary proceeding.
·         Survivors shall be notified of counseling services.
·         Survivors shall be notified of options for changing academic and living situations.

The student is encouraged to notify the Title IX coordinator if he/she requires enforcement of a judicial no-contact, restraining, and/or protective order. The College will follow any of the above mentioned to the best of its ability. If a student wishes to file a complaint falling under VAWA, the matter should first be reported to the director of education (the "director"). Any student, faculty, or staff who is the subject of the incident will be informed of their rights and options. The director will report the situation to the owner. The student has the option to seek assistance from the Findlay police department (the "FPD"), if the student wishes.

It is important to preserve as much evidence as may be necessary to the proof of criminal domestic violence, dating violence, sexual assault, or stalking, or in obtaining a protection order. Considering the nature of the subject and size of school, testimony of the parties involved and credible third party will be needed. If the student requests it, the student may be taken to the Blanchard Valley Hospital to be treated there. The FPD will be requested to handle any criminal processing and advise the College on further action.

In case of a determination of disciplinary action, the Title IX coordinator will collect the evidence presented to create a prompt, fair, and impartial investigation and resolution. The Title IX coordinator will consult authorities, such as the FPD and domestic violence agencies if necessary to recommend what disciplinary actions are needed (e.g. expulsion, written warning, restraining order, etc.). Managing Members will hear the report from the Title IX coordinator and make a decision regarding the complaint. The Title IX coordinator will take the necessary training required by VAWA, Title IX, and/or the Clery Act. Notification will be sent to the accuser and the accused simultaneously. This will include:

 Ø  The outcome of any College disciplinary proceeding that arises from an allegation of domestic violence, dating violence, sexual assault, or stalking.

 Ø  The College's procedures for the accused and the victim to appeal the results of the institutional disciplinary proceeding. At this time, the College does not have any other form of relief regarding this situation as there is nowhere else to appeal a decision other than owner. 

 Ø  Any changes to the results that occur prior to the time that such results become final; and

 Ø  When such result become final.

Confidentiality will be kept as best as possible. Discussions of any VAWA-related claims will be held in a private location away from the student body. The College will ask that the faculty, staff, and students respect the privacy of all parties involved. Any publicly-available recordkeeping (i.e. crime stats, etc.) will be kept as anonymous as possible.

The College does not provide on-campus housing, transportation, or work-study programs. Therefore, the College cannot provide any alternatives to a student's work, travel, or housing situation. Agencies listed in the handout described at the beginning of this policy may be able to help the student in such areas.

If the FPD is requested, the Chief Financial Aid Director will request a copy of the incident report for the Clery Act crime stats. It will be determined at the time annual statistics are compiled whether or not the incident falls within the categories set up by the Clery Act and VAWA. 

Title IX Coordinator:


Title IX Coordinators are to hear complaints from applicants, faculty, staff, and/or students regarding any violation of the above.

Concerns regarding Title IX violations for faculty, staff, and students can be report to the Title IX coordinator below:

Tammy R. Flores

Director of Education Office

419.425.1485 x24

M-F 8:00AM-4:00PM

The Office of Civil Rights can be contact through their website: www2.ed.gov/about/offices/list/ocr/index.html

Definitions:


Domestic violence (from 42 USC § 13925)

The term “domestic violence” includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.

Dating violence (from 42 USC § 13925)

The term “dating violence” means violence committed by a person:

A.      who is or has been in a social relationship of a romantic or intimate nature with the victim; and

B.      where the existence of such a relationship shall be determined based on a consideration of the following factors:

a.       The length of the relationship.

b.      The type of relationship.

c.       The frequency of interaction between the persons involved in the relationship.

Stalking (from 42 USC § 13925)

The term “stalking” means engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his, her, or the safety of others, or suffer substantial emotional distress

Sexual Misconduct or Assault

The term "Sexual Misconduct" or "Sexual Assault" is the actual or attempted sexual contact with another person without that person's consent. This includes, but is not limited to:

a.       Intentional and unwelcomed touching, coercing or attempt to coerce, and forcing;
b.      Involvement in any sexual contact when the victim is unable or unwilling to consent;
c.       Forcing another individual to touch a person's intimate parts (defined as genital area, groin, inner thigh, buttocks, or breasts);
d.      Sexual intercourse without consent, including acts commonly referred to as "rape".

Harassment

The term "harassment" refers to physical abuse, threatening comments, or intimidation of any person on the College campus, or conduct which threatens/endangers the health or safety of the faculty, staff, and students. Such activities could be, but are not limited to, stalking, cyber stalking, harassment, and retaliation as a result of complaints or alleged misconduct