HCAP

The HCAP and Related Laws

3.1 Title VII of the Civil Rights Act of 1964

This law provides that, "No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance...." Xavier University does not discriminate, exclude from participation in, or deny benefits of its educational programs, admission policies, activities, or employment policies and opportunities that would be violative of Title VII. Individuals complaining of any type of discrimination or harassment outlined above are encouraged to bring them to the attention of the University via one of the following resources:

Affirmative Action Officer, Human Resources, Alumni Center, Room 132, 3800 Victory Parkway, Cincinnati, Ohio 45207-5400, 513-745-3638.
For Sex Discrimination complaints, Xavier's Title IX Office, Gallagher Student Center 332, 3800 Victory Parkway, Cincinnati, Ohio 45207-5400, 513-745-3046.
When a student is accused of engaging in discrimination or harassment, the Dean of Students, Gallagher Student Center, Room 302, 3800 Victory Parkway, Cincinnati OH 45207-2120, 513-745-3166.

3.2 Title IX of the Education Amendments Act of 1972

This law provides that, "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...." This includes protection from sexual harassment, sexual violence, domestic violence, dating violence, and stalking as well as discrimination and harassment based on an individual’s status as pregnant or parenting. In accordance with Title IX, Xavier University does not discriminate, exclude from participation in, or deny benefits of its educational programs, admission policies, activities, or employment policies and opportunities on the basis of gender. Xavier's Title IX Office monitors compliance with this law and coordinates Xavier's response to complaints of discrimination based on sex, including assisting reporting parties in receiving any medical, mental health or other services and facilitating any interim protective measures that may be warranted. Inquiries concerning the application of Title IX and Xavier’s Title IX policies may be referred to Xavier's Title IX Office (hereinafter “Title IX Office”):

Kate Lawson, Gallagher Student Center Room 332B,
3800 Victory Parkway, Cincinnati, Ohio 45207-2120,
513-745-3046, lawsonk1@xavier.edu

Office of Civil Rights, Cleveland Office,
U.S. Department of Education, 600 Superior Avenue East,
Suite 750, Cleveland, OH 44114-2611,
216-522-4970, OCR.Cleveland@ed.gov

Individuals who have experienced and/or who have knowledge of Title IX Sexual Harassment and Interpersonal Violence will find all Xavier University policies on reporting, Xavier's response, and comprehensive resources for individuals impacted by these issues in this HCAP.

3.3 Clery Act

Federal law, known as the Clery Act, mandates reporting and disclosure procedures for higher education institutions. The Clery Act requires every institution to provide the campus community with information necessary to make informed decisions about their health and safety. The Clery Act specifically mandates every institution to do the following:

(1) have emergency notification and evacuation procedures;

(2) issue timely campus alerts for crimes that represent an
ongoing threat to the safety of students or employees;

(3) keep a crime and fire log;

(4) collect crime reports from campus security authorities;

(5) request crime statistics from local law enforcement;

(6) submit crime and fire statistics to U.S. Department of
Education;

(7) publish an annual security report and fire safety report.

For more information on the Clery Act see 10U.S.C. Section 1092 or http://www2.ed.gov/admins/lead/safety/handbook.pdf.

3.3.1 XU Alert Me
- In compliance with the Clery Act, Xavier created the XU Alert Me program to increase safety and awareness within the Xavier community. XU Alert Me allows Xavier to alert students, faculty, and staff of threats, emergency situations, and weather- related closings via text messaging, email, and voice messaging.
- In order to receive alerts from the XU Alert Me program, students must provide Xavier with the phone number and e- mail address through which they wish to be contacted. This information can be provided online at http://www.xavier.edu/audit-risk/Sign-Up.cfm.
- Students, faculty and staff enrolled in XU Alert Me will be promptly notified upon the confirmation of a significant emergency or dangerous on-campus situation involving an immediate threat to the health or safety of students, faculty, or staff as determined in Xavier's sole discretion, unless issuing a notification will compromise efforts to contain or manage the emergency. Individual(s) enrolled in the XU Alert Me program understand that substance and timing of alerts will be at Xavier's sole discretion. In the event Xavier decides to send an alert, XU Alert Me will send each enrolled individual(s) an e- mail and/or text message, and/or will attempt to contact each enrolled individual by phone up to three times. The method(s) of contact will depend on the contact information provided by the individual at the time of enrollment. Once a call is answered by the individual or the individual's automated voice mail, no further attempts will be made to contact that individual.
- Xavier will not charge individual(s) a fee for enrolling in the XU Alert Me program, but individual(s) will be responsible for any fees charged by their phone/cellular service providers for the associated calls, text messages, or voice mails.

3.4 Section 504 of the Rehabilitation Act

This law provides that, "No otherwise qualified individual with a disability in the United States...shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance...." Xavier University does not discriminate against qualified individuals with disabilities in its educational programs, admissions policies, activities, or employment opportunities and policies. Individuals complaining of any type of discrimination or harassment outlined above are encouraged to bring them to the attention of the University via one of the following resources:

Affirmative Action Officer, Alumni Center, Room 132,
3800 Victory Parkway, Cincinnati, Ohio 45207-5400,
(513)-745-3638

The Dean of Students, Gallagher Student Center,
Room 302, 3800 Victory Parkway, Cincinnati OH 45207-2120,
(513)-745-3166.

3.5 Americans With Disabilities Act of 1990, As Amended

This law recognizes and protects the civil rights of people with disabilities. Disability discrimination includes not making a reasonable accommodation to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, barring undue hardship. Xavier does not discriminate against qualified individuals with disabilities in the context of employment and public accommodations, if any. Inquiries regarding disability discrimination may be directed to Affirmative Action Officer, Alumni Center Room 132, 3800 Victory Parkway, Cincinnati, Ohio 45207-5400, (513)-745-3638, or the Equal Employment Opportunity Commission 131 M Street, NE Washington DC, 20507, 202-663-4900, 1-(800)-669-4000, http://www.eeoc.gov/.

3.6 Violation of Law and University Policy In General

The University reserves the right to initiate or proceed with the HCAP process, regardless of any pending criminal investigation, charges, arrest, or prosecution arising out of the same or a related factual situation. At the discretion of the Affirmative Action Officer, or designee (with respect to faculty, staff and administrators) or the Dean of Students, or designee (with respect to students), and in consultation with the Title IX Office in matters involving Sex Discrimination, the HCAP process may be carried out prior to, simultaneously with, or following any related criminal matter.

The dismissal, failure to prosecute, "no bill" from a grand jury, settlement or reduction in charges of any related criminal matter shall not be grounds for a challenge to any HCAP matter.

For additional information related to HCAP matters that are also Student Conduct matters, see the Student Handbook at Section 1.1.5.

3.7 University Response to Police Citations Issued to Members of the University Community

The HCAP process may also be instituted by Xavier when information is received from the Xavier University Police Department, the Cincinnati Police Department, the Norwood Police Department, or other police entities, about misdemeanor or criminal citations that have been issued to a member of the University Community.

3.8 Independent Legal Counsel

While the role of an attorney throughout the HCAP process is limited by the terms of this HCAP, individuals involved in HCAP matters that may also be criminal matters are encouraged to seek legal counsel. The Cincinnati Bar Association has a referral service and can be contacted at 513-381-8359 or further information can be found at http://www.cincybar.org/news-resources/find-lawyer/index.

In matters involving complaints of Sex Discrimination, the Reporting Party and Responding Party may have an advisor of their choice (including an attorney) in any related meeting or hearing. Additional information on the role of the advisor of choice in Title IX Sexual Harassment matters may be found at Section 4.7.1.4.5 Title IX Sexual Harassment Hearing Procedures and in Interpersonal Violence matters, Section 5.9.7. Harassment Panel Hearing Procedures.