VI. Reporting

The College encourages prompt reporting of Prohibited Conduct. To make a report about possible sexual harassment or sexual misconduct, a party or any third party should notify the Title IX Coordinator or designated College officials. A report may be made at any time, including during non-business hours, in person, by telephone, by mail, by email, or by completing the online reporting form using the contact information listed for the Title IX Coordinator. 

A complainant does not need to provide a definitive label of their experience at the time a report is made, nor do they have to decide on a particular course of action in advance. Choosing to make a report, and deciding how to proceed after making the report, can be a process that unfolds over time.  The College will offer reasonably available supportive measures consistent with Section X. The College also provides support that can assist a complainant in making these important decisions, and to the extent possible, will respect a complainant’s autonomy in deciding how to proceed. The College will seek to balance a complainant’s interest with its responsibility to provide a safe and non- discriminatory environment for all members of the College community.

The College encourages all individuals to seek assistance from medical provider(s) and/or law enforcement immediately after an incident of Prohibited Conduct, whether or not the complainant plans to pursue criminal charges. This is the best option to ensure preservation of evidence and to begin a timely response by law enforcement.

If an individual believes that the Title IX Coordinator has engaged in Prohibited Conduct or has otherwise behaved inappropriately, the individual should contact the President’s Chief of Staff to discuss the complaint process.

A. Privacy

Privacy generally means that information related to a report of Prohibited Conduct will only be shared with those College employees who “need to know” in order to assist in the active review, investigation, or resolution of the report, including the issuance of supportive measures. Kenyon College will determine which employees have a legitimate need to know about individual conduct complaints pursuant to FERPA, Title IX, the Clery Act, and College policy and will share information accordingly. Kenyon College may notify the parents or guardians of any dependent students who are respondents regarding conduct charges or sanctions, particularly disciplinary probation, loss of housing, suspension and dismissal.

B. Confidentiality

There is a distinction between seeking assistance from a confidential resource and making a report to the College through designated reporting options. Confidential resources, including counselors, medical health providers, clergy, and certified rape crisis counselors, have legally protected confidentiality and will not share information about a complainant (including whether or not that individual has received services) except under limited circumstances as permitted or required as described below. In contrast, all other College employees are required to share information with the College’s Title IX Coordinator. For a list of confidential resources, please refer to the “How To Get Help” Section above.

Limits to confidentiality include:

  1. Mandatory Reporting of Child Abuse
    All Kenyon employees, including confidential resources, are required to immediately report any knowledge or reasonable suspicion that a minor (someone under 18 years old) is experiencing abuse or neglect based on information shared by the minor, any other individual, or one's own observations or knowledge. View the College's policy regarding the protection of minors on campus. See Section VI.D. for more information. 

  2. Ohio Felony Reporting Requirement
    Under Ohio law, all individuals, excluding confidential resources, must report possible felonies, including sexual violence. Under Ohio Revised Code Section 2921.22, medical professionals, mental health professionals and clergy are not required to report felonies. See Section VI.E. for more information. 

  3. Ohio Medical Professional Reporting Requirements
    In Ohio, medical professionals have distinct legally mandated reporting responsibilities. Where a medical professional knows or has reasonable cause to believe that serious physical harm resulted from an offense of violence, the medical professional is required to make a report to law enforcement. Medical professionals must deem a patient medically stable before reporting and must communicate to the patient that the patient does not have to report and/or speak to the police. If the patient chooses not to speak to police at the time of the medical examination, the medical professional does not need to report the patient's name — only the date, general time, and general location of the incident.

  4. Risk of Harm to Self or Others
    Mental health professionals are required to disclose information where there is an imminent threat of harm to self (the client) or others.

  5. Clery Act Reporting
    Pursuant to the Clery Act, anonymous statistical information for certain offenses that have been reported at campus locations must be shared with Campus Safety. The information does not include the names or any other identifying information about the persons involved in such incidents.

C. Anonymous Reporting

Any individual may make an anonymous report concerning an act of Prohibited Conduct. A report can be made without disclosing one’s own name, identifying the respondent, or requesting any action. Depending on the level of information available about the incident or the individuals involved, anonymous reporting may limit the College’s ability to respond or take further action.

Anonymous reports can be submitted through the College’s website. Follow-up communications with the person submitting the anonymous report are not possible unless contact information is provided. As with all other reports, anonymous reports will be shared with the Title IX Coordinator. Where there is sufficient information, the College will ensure that anonymous reports are reviewed and included for compliance with the Clery Act.

Employees who have a duty to report information to the Title IX Coordinator under this policy may not make such reports anonymously.

D. Protection of Minors 

All Kenyon employees are required to report any knowledge or reasonable suspicion that a minor (under 18 years old) is experiencing abuse or neglect based on information shared by the minor, any other individual, or one’s own observations or knowledge. A Kenyon employee suspecting abuse or neglect is required to bring all suspicions to the immediate attention of Campus Safety. If a minor is in immediate danger, call 911. If there is no immediate danger, call Kenyon College Office of Campus Safety at 740-427-5555 and the Kenyon College Title IX Coordinator at 740-427-5820.

All College employees, including confidential resources, are required to immediately report any knowledge or reasonable suspicion of child abuse or neglect to the Title IX Coordinator and the Director of Campus Safety. In Ohio, a child is defined as anyone under 18. In addition to notifying the Title IX Coordinator and Director of Campus Safety, College employees must make a direct report to:

Knox County Children’s Services Child Abuse Hotline

24-hour hotline: 740-392-5437

The source of abuse does not need to be known in order to file a report, nor is there a requirement that there is actual evidence of abuse before making a report. For more information, View the College's policy regarding the protection of minors on campus.

E. Reporting to Law Enforcement 

The Title IX Coordinator or a Campus Safety Officer will assist a complainant, at the complainant’s request, in contacting local law enforcement. If a complainant decides to pursue the criminal process the College will cooperate with law enforcement agencies. A complainant has the right to choose whether to notify, or decline to notify law enforcement, except when the allegation is a felony charge under the law. Felonies reported to the College (except to confidential resources) must be reported to law enforcement by the College, as required by Ohio law (Ohio Revised Code 2921.22). Under most circumstances, the complainant may decline to participate in a law enforcement investigation. Where the College makes a report to law enforcement under this section, the College will not share the names of the involved parties without permission from the complainant unless the information is subject to subpoena or other binding legal process by law enforcement. 

The College’s policy, definitions, and burden of proof may differ from Ohio criminal law. A complainant may seek resolution through the College’s resolution process, may pursue criminal action, may choose one but not the other, or may choose both options. Neither law enforcement’s determination whether or not to prosecute a respondent nor the outcome of any criminal prosecution are determinative of whether Prohibited Conduct has occurred under this policy. Proceedings under this policy may be carried out prior to, concurrent with, or after civil or criminal proceedings off campus as determined by the Title IX Coordinator.

F. Campus Reporting Options 

To enable the College to respond to all reports in a prompt and equitable manner, the College encourages all individuals to report any incident directly to the Title IX Coordinator. However, the College recognizes that a student or employee may choose to report to any employee of the College. 

All Kenyon employees (except those who are designated as confidential resources) are considered mandatory reporters and are required to share all known information related to a report, including the identities of the parties, with the Title IX Coordinator. In addition, student employees who have responsibility for the welfare of other students, including Community Advisors, Peer Counselors, and Diversity Advisors, are required to report all known information. Other student employees who receive information within the context of their jobs are required to report to the Title IX Coordinator.

Civil Rights/Title IX Coordinator

Samantha Hughes 740-427-5820 (24 hours)

hughess@kenyon.edu 

Title IX Deputy Coordinator

Kevin Peterson 740-427-5245 (24 hours)

peterson2@kenyon.edu

Office of Campus Safety

Michael D. Sweazey, director

Campus emergency: 740-427-5555 (24 hours) 

Security non-emergency administrative line: 740-427-5000 or 740-427-5109 (24 hours)

Reports can be made directly to Campus Safety (24-hour availability) during non- business hours

College Whistleblower Hotline

1-866-943-5787

G. Reporting Considerations

Timeliness of Report

In order to maximize the College’s ability to respond promptly and effectively, all those impacted by Prohibited Conduct are encouraged to report as soon as possible. There is no time limit on reporting violations of this policy, though prompt reporting by responsible employees is required. If the respondent is no longer a student or employee at the time of the report, the College may not be able to take disciplinary action against them. The College will still provide support and reasonably available supportive measures to a complainant, as well as assistance in identifying appropriate external reporting options.

Amnesty for Personal Use of Alcohol or Other Drugs

The College seeks to remove barriers to reporting, including potential concern about policy violations related to underage drinking or the use of prohibited drugs. The College will offer any student who reports or experiences Prohibited Conduct limited immunity from being charged for policy violations related to the personal ingestion of alcohol or other drugs, provided that any such violations did not and do not place the health and safety of any person at risk. The College may choose, however, to pursue educational or therapeutic remedies for those individuals.

H. Report Resolution

 

A report to the Title IX Coordinator is not the same as a formal complaint. In order for a report to be officially resolved, a formal complaint must be filed in writing alleging sexual harassment or other sexual misconduct against a respondent and requesting that the school officially investigate and resolve the allegation. The complaint may be resolved through either Informal Resolution (Section XI.F.) or through the Formal Resolution (Section XI.G.).