Sexual Misconduct Policies

(a) Statement of Purpose

(1) Because sexual misconduct can seriously undermine the effectiveness of a cooperative community such as OSCA’s, it is an offense against the entire community. For this reason, OSCA prohibits and will not tolerate a sexual misconduct against any member, guest, or Employee of OSCA by any other member, guest, or Employee.

(2) This policy is intended to ensure that OSCA is a safe environment and that OSCA supports survivors of sexual misconduct. The policy is an attempt to remove any barriers that OSCA as an institution may place between the survivor and the healing process. The educational aspects of this policy are intended to inform and empower OSCA members, creating a safer and more supportive community for all.

(3) This policy is effective only if all parties are treated equally, therefore, this policy seeks to prevent any imbalance of justice.

(b) Scope

(1) This policy deals specifically with sexual misconducts as it pertains to OSCA Membership’s cooperative living and dining situations.

(2) This policy does not replace the Oberlin College Sexual Misconduct Policy available to Reporting Parties who are Oberlin College students, nor can it replace Ohio state law.

(3) Use of this policy, and OSCA Sexual Misconduct Policy, does not prevent the use of any other resource. The SHILs will provide information about these resources to the Reporting Party.

(1) Reporting Party. The person or persons who report experiencing sexual misconduct.

(2) Responding Party. The person or persons who are reported to have committed sexual misconduct.

(3) All sexual activity requires effective consent. Consent is defined as:

i. Informed: All parties demonstrate clear and mutual understanding of exactly what they are consenting to.

ii. Freely and actively given: There is no coercion, force, threats, intimidation, or pressure.

iii. Mutually understandable: Expressed in a way that indicates a clear willingness to do the same thing, at the same time, in the same way, with each other. Silence is not consent.

iv. Specific to a given situation: Consent may be withdrawn at any time, and at that time, all sexual activity must cease, unless and until additional unambiguous consent is given. A current or previous relationship of any kind does not imply consent; each party must consent to each sexual activity each time.

v. Consent is not possible when:

•  One or more of the participants is under 16, which is the legal age of consent in Ohio.

• Force, threat or harm to self or others, or intimidation is present. 

• Coercion is used. Coercion is the use of pressure to compel another to participate in sexual activity against their will. Coercion can include, but is not limited to intimidation, manipulation, threats, or blackmail. It can also include the abuse of interpersonal power dynamics which may or may not be based on race,sex/gender, religion, sexuality, age, and differences in size and/or ability. Community and organizational roles may also affect the balance of power. 

• One or more of the participants is incapacitated. Incapacitation is when one is somehow prevented from giving full effective consent. It includes, but is not limited to, sleep, unconsciousness, intoxication to the point where judgment is impaired. Note that intoxication does not absolve one of the responsibility to get consent.

(4) Sexual misconduct is defined as behavior which calls attention to sex/gender, sexuality, or sexual identity of persons in a manner that prevents or impairs their full enjoyment of dining and/or living benefits, climate and activities in OSCA. It may include the following:

i. Sexual Harassment

•  Behavior towards an individual or group relating to sex/gender, sexuality, or sexual identity which has the purpose or effect of unreasonably interfering with that individual’s or group’s sense of comfort and safety and/or creates a hostile, offensive, or intimidating environment.

• Inappropriate behavior, i.e., unwelcome comments (verbal, written, or visual), gestures, or touching.

• Any obviously unwelcome request for sexual favors.

• Any request for sexual favors accompanied by threat of reprisal if these favors are not granted.

ii. Sexual Assault. Having or attempting to have sexual contact with another individual who does not consent to the activity, or where an individual is incapacitated.

iii. Sexual Exploitation. Occurs when a person or persons take non-consensual or abusive sexual advantage of another for one’s own or a third party’s benefit or advantage. Sexual exploitation might include, but is not limited to:

• surreptitious observation of another’s nudity or sexual activity, or allowing a third party to observe consensual sexual activity without the knowledge and consent of all parties involved;

• non-consensual sharing of images, photographs, video, or audio recording of sexual activity or nudity without the knowledge and consent of all parties involved;

• exposing one’s genitals or inducing another to expose their own genitals under non-consensual circumstances;

• knowingly exposing another individual to a sexually transmitted infection or virus without their knowledge;

• stalking and/or bullying of a sexual nature;

• inducing incapacitation for the purpose of making another person vulnerable to

• non-consensual sexual activity.

iv. Intimate Partner Violence (IPV) is any act or threatened act of violence against a person who is, or has been involved in, a sexual, dating, domestic or other intimate relationship with the person threatening or committing violence. IPV can include, but is not limited to acts or threats of:

• physical violence;

• sexual violence;

• emotional violence;

• economic abuse;

• property damage;

• threats of violence to one’s self, one’s partner or former partner, or others.

v. Stalking. A course of physical or verbal conduct directed at another individual that could be reasonable regarded as likely to alarm, harass, or cause fear of harm or injury to that person or to a third party.

(1) Whenever possible, before the conversation begins, SHILs or Accessibility Committee Coordinators must inform the Reporting Party that SHILs or Accessibility Committee Coordinators are required to report specific knowledge of certain felony crimes to the relevant authorities.

(2) Upon the report of a sexual misconduct to a SHIL or Accessibility Committee Coordinator, the Reporting Party will be informed of their rights under OSCA’s Sexual Misconduct Policy and will be presented with the actions that can be taken to address the situation. The following courses of action are not mutually exclusive, at the discretion of the Reporting Party, SHILs, and Accessibility Committee Coordinators. At any stage, the Reporting Party may stop any process.

(3) Reporting Party Co-op Switch

i. Reporting Parties may be granted an immediate switch into or be moved to the top of the Wait List for another dining co-op by the Membership Director (Secretary). 

• In the event that no other dining co-op has space for new members, a SHIL or Accessibility Committee Coordinator will discuss other options.

• The Reporting Party may remain on the Wait List with priority placement, even if other action has been taken pertaining to the situation. In the event that a housing and/or dining space opens up, a co-op change will be facilitated.

ii. With respect to housing members, the member will be moved to the top of the Wait List for the next available spot in a desired housing co-op. If an immediate housing change is necessary, temporary safe rooms may be arranged via policy 4.5.8, “Emergency Housing Policy”.

iii. A housing and dining member may be granted an immediate switch to or moved to the top of the Wait List for a different dining co-op by the Membership Director (Secretary), but, if they choose, retain their spot in their original housing co-op.

iv. Due to OSCA’s 501(c)7 tax status, dining-only members may only receive priority placement from the Wait List into dining co-ops, not housing co-ops. SHILs and Accessibility Committee Coordinators will be able to advocate for dining-only members through any room change process with Oberlin College Office of Residential Education.

v. The longevity of the switch may be temporary or permanent, and may be altered at any time. This decision concerning whether switch is temporary or permanent is left to the discretion of the individual requesting the change.

vi. To make a request, the individual must contact a SHIL who will be responsible for contacting the Membership Director (Secretary) to enact the move. The Membership Director (Secretary) will not be told of any details of the situation.

vii. Should the individual wish to move from a co-op into a dorm or into Campus Dining Service, the SHILs and Accessibility Committee Coordinators will be available to help facilitate that change.

viii. An investigation of “truth” will not take place. A Reporting Party telling a SHIL or Accessibility Committee Coordinator that sexual misconduct has been committed against them will be sufficient to prompt a move. In addition, any lapse in time between when the misconduct took place and when the request for a move is made is irrelevant in an action.

(4) Responding Party Co-op Expulsion

i. Reporting Parties may pursue co-op expulsion against the Responding Party via policy 4.4.3, “The Co-op Expulsion Procedure”.

ii. A SHIL or Accessibility Committee Coordinator will inform the Reporting Party of what the Co-op Expulsion Committee process entails. They will also be asked if they wish to have a SHIL or Accessibility Committee Coordinator represent them, or if they wish to create a written statement for the committee.

iii. If the Reporting Party wishes to pursue a co-op expulsion, a SHIL or Accessibility Committee Coordinator will contact the committee chairs to inform them that a Co-op Expulsion Committee will be taking place.

• Relevant parties will have 72 hours to respond and coordinate the committee membership, a meeting time, and a meeting place.

iv. Before any action is taken, the Responding Party must be notified within 24 hours that a report of sexual misconduct has been filed against them, and that a Co-op Expulsion Committee will be taking place.

(5) Responding Party All-OSCA Expulsion

i. Reporting Parties may recommend to the Board that the Responding Party be expelled from OSCA on the grounds of violation of the membership contract, in accordance with Article 4, Section 2, Part C of the Bylaws; Section 20 of the Dining Contract; and Section 17 of the Housing Contract.

ii. To initiate this process, the Reporting Party and/or SHIL or Accessibility Committee Coordinator should contact the Chair of the Board, who will bring the expulsion hearing to the next feasible Board Meeting. The Chair of the Board will notify the Responding Party at least five (5) days prior to the Board Meeting where the expulsion hearing will take place.

iii. The Responding Party has the option to represent themselves, send a SHIL as their proxy, or send a personal statement to the Chair of the Board to be presented to the Board. The Chair of the Board will make these options clear in their notification of the hearing to the Responding Party.

iv. The expulsion hearing will be held in Executive Session to protect all individuals’ confidentiality. The Board will hear the cause for which the expulsion was issued; if there is a dispute, the Board will hear the case of the individual. Based on this information, the Board will determine if the group making the charge has followed a reasonable procedure according to policy.

v. Failure to attend the hearing, send a personal statement before the hearing begins, or request a SHIL or Accessibility Committee Coordinator be sent as proxy will be taken as an acceptance of the expulsion charge.

(6) Staff Removal

i. In case of allegations that an All-OSCA Staff member (herein referred to as “the Responding Party,”) has violated OSCA’s Sexual Misconduct Policy, they will be temporarily removed from their position until a resolution is agreed upon.

ii. To initiate this process, the Reporting Party may speak to a SHIL or the OSCA President.

•  In the case that the President is the Responding Party, the Membership Secretary

must take on the role of the President in this process.

iii. The SHIL or President will explain the Staff removal routes to the Reporting Party.

iv. Before any action is taken against the Responding Party, the President will notify the

Responding Party within 24 hours of the request, by personal email. If the Responding

Party chooses not to resign, they will be temporarily removed. Following this, to come

to a permanent resolution, the Reporting Party may choose to pursue one of the

following routes.

v. Route 1: Co-op Expulsion.