Title IX of the Education Amendments of 1972 states 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.”
As a recipient of Federal financial assistance the University is subject to the requirements and prohibitions of Title IX.
Under Title IX discrimination on the basis of sex can include:
SEXUAL HARASSMENT: unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature.
SEXUAL MISCONDUCT: a broad range of unwelcome contact and behaviors committed against a person’s will or when a person is incapable of giving CONSENT. CONSENT is positive, unambiguous, voluntary and on-going agreement to engage in a specific activity, and cannot be obtained from someone whose judgment or control is impaired by any drug, intoxicant, or alcohol or due to diminished mental or physical capacity.
STALKING: repeated behaviors or activities whether in person, online, or through any other means which threaten or endanger the safety, physical or mental health, life or property of another or creates a reasonable fear of such a threat or action.
INTIMATE PARTNER VIOLENCE (Relationship Abuse, Dating Violence, Domestic Violence): a pattern of coercive or abusive behavior used to gain and exercise control and power in a current or former relationship.
RETALIATION: adverse academic, employment, or other actions against anyone reporting or participating in an investigation of Title IX allegations.
If you have experienced sexual violence, please know that you are afforded the following rights through the Student Conduct process.
You have the right to be treated with dignity and compassion by the student conduct body, and by all persons involved in the disciplinary process.
You have the right to information pertaining to the campus student conduct process and appropriate referrals for information on the criminal process.
You have the right to information pertaining to counseling assistance available to her/him.
You have the right to assistance throughout the student conduct process, including the right to have an advisor present at all proceedings.
You have the right to due process protections including the right to written notification of a hearing, the right to hear all information presented, the right to present information and witnesses, the right to notification of the final results of a hearing (for victims of crimes of violence or non-forcible sexual offenses).
You have the right to testify from another location as long as it does not infringe upon the rights of the accused student to have a fair hearing.
You have the right to have any unrelated past behavior excluded from the hearing process. The student conduct body shall determine what constitutes unrelated behavior.
You have the right to provide a written impact statement to the student conduct body. The victim impact statement will remain a part of the record through all levels of appeal.
You have the right to not have his/her identity released by the student conduct process in relation to campus and other media, and from all other uninvolved parties.
You have the right to expect to be free from intimidation and harassment throughout the student conduct process.
You have the right to request that campus personnel take the necessary steps reasonably available to prevent unwanted contact or proximity with an alleged assailant(s).
In cases where you are a victim of sexual harassment, sexual assault, rape and/or sexual violence only, the victim has the right to appeal the finding or sanction as described in the Code of Student Conduct.
Rights of the Accused
If you have been accused of an act of sexual violence, please know that you are afforded the following rights through the Student Conduct process.
The accused student has similar rights to the victim. The university will provide a timely and thorough investigation, and will treat the accused with respect before, during, and after the student conduct process.
The accused will be informed of the university's conduct process and possible outcomes. The university will also inform the accused of available resources, including the Student Advocacy Center, counseling services, and other campus and off campus resources to assist with the process.
Accused students may request changes to academic and living situations after a sexual assault occurs. Student Conduct may be able to help facilitate such changes.
Accused students have the right to have one advisor throughout the student conduct process, including meetings and hearings. The advisor may not be a witness in the case. In meetings with Student Conduct or in a hearing, the advisor may not participate directly and may only communicate with the victim with whispers or writing notes.
The university will make reasonable efforts to protect confidentiality, within the parameters of FERPA (Family and Education Privacy Act of 1974) and the university conduct process.
The accused is afforded the right to be updated on the investigation and be informed of the outcomes of the process.
Prior to a hearing, the accused is allowed to inform the hearing officer of relevant witnesses the accused wishes to include at the hearing and to what the witnesses plan to testify.
Prior to a hearing, the accused may also meet with a hearing officer to discuss hearing procedures.
During a hearing, the accused has the right to give opening and closing statements and ask questions of the witnesses and victim, via a hearing officer.
The accused has the right to timely notice of a hearing as indicated in the Code of Student Conduct. The accused may waive the period of notice if desired.
You have options relating to reporting a sexual assault. It’s important to note that while you do not have to report to the police, they are available for you as a resource.
Title IX Coordinator
The following confidential resources are options that are available to you. We want to stress that you can seek any and all of the following. It’s your choice. Our primary concern is that you get the help that you need.
Rape Crisis and Counseling Center:
24 hour hotline and crisis counseling for victims of sexual assault and other violent crimes and their significant others at hospital emergency rooms.
University Counseling Services:
This confidential resource can help to process the emotions and anxiety that is often associated with sexual violence.
Rape, Abuse and Incest National Network (RAINN):
National sexual assault crisis line which can connect with local providers.