Welcome to the Title IX website, a resource on sexual misconduct for students, faculty, staff, and visitors who are part of the Notre Dame College Community. Title IX of the Education Amendments of 1972 states: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance”. Notre Dame College is committed to providing a learning, working and living environment that promotes personal integrity, civility and mutual respect in an environment free of sexual misconduct and discrimination. Sexual discrimination violates an individual’s fundamental rights and personal dignity. Notre Dame College considers sexual discrimination in all its forms to be a serious offense. This resource refers to all forms of sexual discrimination, including: sexual harassment, sexual assault, and sexual violence by employees, students, or third parties. (Title 20 U.S.C. Sections 1681-1688)
Title IX Coordinator Info
Title IX Coordinator: Brian Emerson, Dean of Student Affairs
Office Location: Student Affairs Office - Administration Building, First Floor
Title IX & Sexual Misconduct Policy
The Notre Dame College Title IX Policy & Sexual Misconduct Policy can be found here:
Who can I contact about Sexual Misconduct?
Tell a trusted person about the incident. Contact Notre Dame College Campus Safety at 216.373.5212 and/or the College’s Title IX Coordinator. You may also contact the College’s Counseling Center at 216.373.5211 or e-mail Sue Lipiec, Director at email@example.com. Another helpful resource is the Cleveland Rape Crisis Center 24-hour hotline at 216.619.6192. Residence Life and Campus Safety can provide immediate referral information, access to the College counselor on call, and/or investigation assistance.
Detailed information about reporting Sexual Misconduct can be found in section 13, I of the Sexual Misconduct Policy.
Resources for Victims of Sexual Misconduct
There are various supportive measures available for those who have experienced sexual discrimination. These support sources include:
The Title IX Coordinator can assist with finding on and off campus resources.
The Notre Dame College Counseling Center
Reassignments - When the survivor and the accused student participate in the same class(es) and/or reside in the same college residence or in proximity to one another, survivors may request that a fair and immediate way to reassign and/or move one of the persons be decided upon by College Administration.
Risk Reduction Tips
If you have limits, make them known before things go too far.
Tell a sexual aggressor “NO” clearly and loudly, like you mean it.
Try to extricate yourself from the physical presence of a sexual aggressor.
Grab someone nearby and ask for help.
Be responsible for your alcohol intake/drug use and realize that alcohol/drugs lower your sexual inhibitions and may make you vulnerable to someone who views a drunk or high person as a sexual opportunity.
Watch out for your friends and ask that they watch out for you. A real friend will get in your face if you are about to make a mistake. Respect them if they do.
If you find yourself in the position of being the initiator of sexual behavior, you owe sexual respect to your potential partner.
These suggestions may help you to reduce your risk for being accused of sexual misconduct:
Don’t Make Assumptions. About consent. About someone’s sexual availability. About whether they are attracted to you. About how far you can go. About whether they are physically and mentally able to consent to you.
Clearly communicate your intentions to your sexual partner and give them a chance to clearly relate their intentions to you.
Mixed messages from your partner should be a clear indication that you should step back, defuse the sexual tension, and communicate better. Perhaps you are misreading them. Perhaps they haven’t figured out how far they want to go with you yet. You need to respect the timeline with which they are comfortable.
Don’t take advantage of someone’s drunkenness or drugged state, even if they did it to themselves.
Realize that your potential partner could be intimidated by you, or fearful. You may have a power advantage simply because of your gender or size. Don’t abuse that power.
Understand that consent to some forms of sexual behavior does not necessarily imply consent to other forms of sexual behavior.
On this campus, silence and passivity cannot be interpreted by you as an indication of consent. Read your potential partner carefully, paying attention to verbal and non‐verbal communication and body language.
Questions & Answers:
Here are some of the most commonly asked questions regarding College’s Sexual Misconduct policy and procedures.
Does the complaint remain confidential?
- The privacy of all parties to a complaint of sexual misconduct must be strictly observed, except insofar as it interferes with the College’s obligation to fully investigate allegations of sexual misconduct. Where privacy is not strictly kept, it will still be tightly controlled on a need‐to‐know basis. Dissemination of information and/or written materials to persons not involved in the complaint procedure is not permitted. Violations of the privacy of the complainant or the accused student may lead to conduct action by the College. In all complaints of sexual misconduct, the complainant will be informed of the outcome. In some instances, the administration also may choose to make a brief announcement of the nature of the violation and the action taken, using no names. Certain university administrators are informed on a confidential basis (e.g., the President of the College, Dean of Students, Director of Security). If you report an act of alleged sexual misconduct local police may be notified. This does not mean charges will be automatically filed or that a victim must speak with the police, but the College is legally required to notify law enforcement authorities. The College also must statistically report the occurrence on campus of major violent crimes, including certain sex offenses, in an annual report of campus crime statistics. This statistical report does not include personally identifiable information.
Will my parents be told?
- Whether you are the complainant or the accused student, the College’s primary relationship is to the student and not to the parent. However, in the event of major medical, disciplinary, or academic jeopardy, students are strongly encouraged to inform their parents. College officials will directly inform parents when requested to do so by a student, or in certain instance where a health or safety emergency exist, or if the College determines such communication is necessary.
Do I have to name the perpetrator?
- Yes, if you want formal disciplinary action to be taken against the alleged perpetrator. No, if you choose to respond informally and do not file a formal complaint (but you should consult the complete confidentiality policy to better understand the College’s legal obligations depending on what information you share with different college officials).
What do I do if I am accused of sexual misconduct?
- Do not contact the alleged victim. You may immediately want to contact someone in the campus community who can act as your advisor. You may also contact the Dean of Students/Title IX Coordinator, who can explain the College’s procedures for dealing with sexual misconduct complaints. You may also want to talk to a confidential counselor at the counseling center.
What about changing residence hall rooms?
If you want to move, you may request a room change. Room changes under these circumstances are considered emergencies. It is the university’s policy that in emergency room changes, the student is moved to the first available suitable room. If you want the accused to move, and believe that you have been the victim of sexual misconduct, you must be willing to pursue formal College conduct action. The alleged perpetrator will be moved immediately, and the permanence of this action will be based upon the outcome of the conduct hearing. Other accommodations available to you might include:
- Assistance from College support staff in completing the relocation;
- Arranging to dissolve a housing contract and pro‐rating a refund;
- Exam (paper, assignment) rescheduling;
- Taking an incomplete in a class;
- Transferring class sections;
- Leave of absence;
- Alternative course completion options.
- If you want to move, you may request a room change. Room changes under these circumstances are considered emergencies. It is the university’s policy that in emergency room changes, the student is moved to the first available suitable room. If you want the accused to move, and believe that you have been the victim of sexual misconduct, you must be willing to pursue formal College conduct action. The alleged perpetrator will be moved immediately, and the permanence of this action will be based upon the outcome of the conduct hearing. Other accommodations available to you might include:
What do I do about preserving evidence of a sexual assault?
- Physical evidence of a criminal sexual assault must be collected within 72 hours. If you believe you have been a victim of a criminal sexual assault, you should contact campus police at 216.373.5212 or call 9-1-1. If you go to the Hospital Emergency Room we recommend Hillcrest Hospital at 6780 Mayfield Road Mayfield Heights, OH 44124, 440.312.4500, before washing yourself or your clothing. The Sexual Assault Nurse Examiner (a specially trained nurse) at Hospital is on call 24 hours a day, 7 days a week. If you go to the hospital, local police will be called, but you are not obligated to talk to the police or to prosecute. The exam will help to keep that option open for you, should you decide later to exercise it.
- The hospital staff will collect evidence, check for injuries, and address the possibility of exposure to sexually transmitted infections. If you have changed clothing since the assault, bring the clothing you had on at the time of the assault with you to the hospital in a clean, sanitary container such as a clean paper grocery bag or wrapped in a clean sheet (plastic containers do not breathe, and may render evidence useless). If you have not changed clothes, bring a change of clothes with you to the hospital, if possible, as they will likely keep the clothes you are wearing as evidence. You can take a support person with you to the hospital, and they can accompany you through the exam, if you want. Do not disturb the crime scene—leave all sheets, towels, etc. that may bear evidence for the police to collect.
Will a student be sanctioned when reporting a sexual misconduct policy violation if he/she has illegally used drugs or alcohol?
- No. The severity of the infraction will determine the nature of the College’s response, but whenever possible the College will respond educationally rather than punitively to the illegal use of drugs and/or alcohol. The seriousness of sexual misconduct is a major concern and the College does not want any of the circumstances (e.g., drug or alcohol use) to inhibit the reporting of sexual misconduct.
Will either party’s prior use of drugs and/or alcohol be a factor when reporting sexual misconduct?
- Not unless there is a compelling reason to believe that prior use or abuse is relevant to the present complaint.
What should I do if I am uncertain about what happened?
- If you believe that you have experienced a non‐consensual sexual contact, but are unsure of whether it was a violation of the College’s sexual misconduct policy, you should contact the Title IX Coordinator, Brian Emerson at 216.373.5177, Campus Safety at 216.373.5212, the Counseling Center at 216.373.5211 or another trusted administrator. The College provides advisors who can help you to define and clarify the event(s), and advise you of your options.
Notre Dame College Counseling Center: What to do if you are sexually assaulted? http://www.ndc.edu/CampusNDC/CounselingServices/WHAT-TO-DO-IF-YOU-ARE-SEXUALLY-ASSAULTED.pdf
Pandora’s Project: Support and resources for survivors of rape and sexual abuse www.pandys.org
National Sexual Assault Hotline www.rainn.org
Cleveland Rape Crisis Center www.clevelandrapecrisis.org
Cuyahoga County Witness/Victim Advocacy Program http://ja.cuyahogacounty.us/en-US/wvsc-new.aspx