Sexual Misconduct, Discrimination, Harassment, and Title IX

Mount Carmel College of Nursing (“MCCN or the “College”) prohibits Discrimination, Harassment, and Retaliation of any kind on the basis of sex, such as sexual assault, sexual misconduct, sexual violence, domestic violence, dating violence, and stalking. Additionally, federal Title IX regulations prohibit specific activity related to those offenses. Sexual misconduct can be committed by a person of any gender, and it can occur between people of the same or different genders. Sexual misconduct may vary in its severity and consists of a range of behavior or attempted behavior. It can occur between strangers or acquaintances, including people involved in an intimate or sexual relationship. This Policy applies to both on-campus and off-campus conduct, academic, educational, co-curricular, and other MCCN programs in which affiliated faculty, staff, vendors, and students participate. Specifically for Title IX related sexual violence policies, MCCN jurisdiction is defined as when/if the occurrence was alleged to have occurred within the College’s location, events, or other circumstances (including clinical setting) where MCCN has substantial control of the respondent and context for the occurrence.

The MCCN Title IX Coordinator handles matters related to Title IX violations. The Director of Compliance and Community Affairs may, to the extent and/or desire possible, help students or employees:

• Access medical and mental health treatment.

• Report the Sexual or Interpersonal Offense to the police.

• Access support resources.

• Assist those involved in obtaining a MCCN no-contact directive, a court-issued restraining order, or other lawful order of protection.

The Mount Carmel College of Nursing Title IX Coordinator is:

Mitch Joseph-Kemplin
Senior Director of Compliance and Community Affairs
mjoseph-kemplin@mccn.edu OR compliance@mccn.edu
614-234-2341
Marian Hall - 127 S. Davis Ave. Columbus, OH 43222

Prohibited Conduct 

Bullying/Cyberbullying

Repeated and severe aggressive behavior with intent to likely intimidate, threaten, or intentionally hurt, control, or diminish another person whether physically or mentally is bullying whether done in person or through electronic means. Bullying that is considered to be gender-based or to have a sexual component may be considered a violation of this policy. Bullying that is not gender-based and does not have a sexual component is still prohibited.

Discrimination

Faculty, staff, students, and others affiliated with MCCN must not deny, deprive, or limit the educational, employment, social opportunity access, benefits and/or opportunities of any member of the MCCN community on the basis of their actual or perceived membership in any of the protected classes as defined in this MCCN Nondiscrimination Policy or by law.

Reports of discrimination will be appropriately investigated and addressed by the College in alignment with MCCN procedures. Separation by certain protected classes is allowed in certain circumstances, including, but not limited to: housing, locker rooms, and bathrooms.

Harassment (Sex, Gender, and Protected Class Based)

Harassment constitutes a form of discrimination that is prohibited by MCCN policy as well as the law. Discriminatory harassment against any employee, student, visitor, or guest on the basis of any status protected by policy or law is prohibited at MCCN and any associated programs. The College will address all forms of harassment when reported, whether or not the harassment rises to the level of creating a hostile environment. If and when the harassment creates a hostile environment, the College may also impose disciplinary actions on the responding party through the student disciplinary process or process through Mount Carmel Health System (“MCHS”) Human Resources. MCCN prohibits any form of harassment, which is defined as:

• Unwelcome conduct on the basis of actual or perceived membership in a protected class, by any member or group of the MCCN community.

• A hostile environment may be created by harassing verbal, written, graphic, or physical conduct that is severe or persistent/pervasive, and objectively offensive such that it interferes with, limits, or denies the ability of an individual to participate in or benefit from educational programs or activities or employment access, benefits, or opportunities.

MCCN may address reported offensive conduct and/or harassment that:

• • • • Does not rise to the level of creating a hostile environment, or

      • Generic/not based on a protected class.

Indecent Exposure

Indecent exposure is when an individual exposes their genitals in a sexually explicit manner in any public place or in any place where there are other persons present under circumstances in which one should reasonably know that this action is likely to offend or alarm others.

Intimate Partner Violence (Dating and Domestic Violence)

Violence and abuse committed by a person to exert power and control over a current or former dating partner. Dating violence often involves a pattern of escalating violence and abuse over a period of time. Dating violence and can include physical abuse, physiological and emotional abuse, and sexual abuse. It can also include “digital abuse,” use of technology to intimate, harass, threaten, or isolate a victim.

For the purpose of this definition:

• Dating violence includes, but is not limited to, sexual or physical abuse or threat of such abuse.

• Intimate partner violence is defined as any act of or threatened act of violence that occurs between individuals who are involved or have been involved in a sexual, dating, spousal, or domestic relationship, or other intimate encounters.

Retaliation

Retaliation is words or actions taken in response to reporting of a policy violation or participation in the College’s complaint process or the follow up to a complaint. Retaliation will be a violation of this policy when it is sufficiently serious (e.g., severe and/or pervasive) to discourage a reasonable person from accessing their rights under this policy. The protection against retaliation applies to both parties and to all witnesses.

Behavior that may be considered retaliatory includes but is not limited to:

• Discouraging an individual from reporting an incident;

• Discouraging witness participation;

• Threatening or intimidating a participant in a complaint, investigation, and/or hearing;

• Intentionally causing negative consequences for a participant through any part of this process; or

• Behavior using another individual, may also be considered a means of retaliation.

Sexual Exploitation

Sexual exploitation is defined as a situation in which a person takes non-consensual or abusive sexual advantage of another person or persons. Examples of sexual exploitation include, but are not limited to:

• • • • Taking advantage of another’s sexuality and/or threatening to disclose an individual’s sexual orientation or gender;

      • Causing intoxication or incapacitation for the purpose of compromising a person’s ability to give or deny consent to sexual activity;

      • Extending the bounds of consensual sexual contact without the knowledge of the other individual. This could include knowingly failing to use contraception without the other party’s knowledge;

      • Watching a person undressing, observing another’s nudity and/or sexual activity, using the bathroom, or engaging in sexual acts without the consent of the person observed – defined as sexual voyeurism;

      • Taking pictures of or video or audio recording another in a sexual act, or in any other private activity, without the consent of all involved in the activity;

      • Prostitution: defined as the exchange of sexual acts for money, drugs, or other compensation or the facilitation of prostitution of another individual;

      • The knowing transmission of HIV or other sexually transmitted infections (STI) without informing the other person of the infection; and/or

      • Encouraging or permitting another person to engage in non-consensual sexual activity.

Sexual Harassment

Sexual harassment encompasses unwelcome sexual advances, request for sexual favors, or other unwanted verbal or physical conduct of a sexual nature when one or more of the following conditions are present:

• Condition of an individual’s employment, evaluation of academic work, or any aspect of a MCCN program or activity whether explicit or implicit;

• Submission to or rejection of such conduct by an individual is used as the basis for decisions affecting the individual; or,

• Is such that it is sufficiently severe, pervasive, and objectively offensive to create an intimidating, hostile, demeaning, or sexually offensive working, academic, or social environment; or causes unreasonable interference with an individual’s work or academic performance.

  • The determination of whether an environment is hostile may be based on the totality of the circumstances, including, but not limited to: the frequency; nature and severity; threatening and/or demeaning; effect on the individual’s mental and/or emotional state; directed at more than one person; and context.

Sex Offenses – Non-Consensual/Contact Based

Any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age, and/or because of his/her temporary or permanent mental incapacity.

• 1. 1. • Non-Consensual Sexual Intercourse/Rape—The 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.

        • Non-Consensual Sexual Contact/Fondling—The touching of the private body parts of another person for the purpose of sexual gratification.

        • Incest—Nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

        • Statutory Rape—Nonforcible sexual intercourse with a person who is under the statutory age of consent.

Stalking

A pattern of repeated and unwanted attention, harassment, contact, or any other course of conduct directed at a specific person that would cause a reasonable person to feel fear. Stalking is dangerous and can often cause severe and long-lasting emotional and psychological harm to victims. Stalking often escalates over time and can lead to domestic violence, sexual assault, and even homicide. Stalking can include frightening communications, direct or indirect threats, and harassing a victim through the internet.

For the purpose of this definition:

• Course of conduct means two or more acts, including but not limited to, acts in which an individual 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.

• Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

Definitions

Consent

Sexual conduct requires consent. Consent must be voluntary. An individual cannot consent who is substantially impaired by any drug or intoxicant; or who has been compelled by force, threat of force, or deception; or if the accused substantially impairs the victim/survivor’s judgment or control by administering any drug, intoxicant or controlled substance to the other person surreptitiously or by force, threat of force or deception; or who is unaware that the act is being committed; or whose ability to consent is impaired because of a mental or physical condition; or who is coerced by supervisory or disciplinary authority. Consent may be withdrawn at any time. Prior sexual activity or relationship does not, in and of itself, constitute consent.

Complainant

An Individual who is alleged to be the victim/survivor of conduct that could constitute a violation of this policy.

Respondent

An individual who has been reported to be the perpetrator of conduct that would constitute a violation of this policy.

Formal Complaint

A document filed by complainant and signed by the complainant and/or Title IX Coordinator alleging a violation of this policy. A formal complaint requests that an investigation take place in to the allegation. See “Reporting” section for details on how to submit a Formal Complaint.

Reporting

• Online:

  • Go to www.mccn.edu/about/titleix

  • Click on the “Report an Incident” link

  • Follow instructions on reporting form

• Phone:

  • Title IX Coordinator:  614-234-2341

  • MCCN Security: 614-896-1489

• E-Mail:

  • compliance@mccn.edu

  • mjoseph-kemplin@mccn.edu

• Confidential Reporting Options:

  • MCCN Student Behavioral Health Partner (uWill): app.uwill.com

  • Mount Carmel Crime and Trauma Assistance Program: 614-234-5900

  • Sexual Assault Response Network 24-Hour Rape Helpline: 614-267-7020

  • CHOICES for Victims of Domestic Violence 24-Hour Crisis Hotline: 614-224-4663

Full Title IX Policy

For the full Title IX Policy, visit www.mccn.edu/about/titleix. The full policy includes information on resolution methods, supportive measures, and campus & local resources.