Title IX and Gender Based Violence

Education and Prevention

photo of a lecturer and audienceThis centralized Title IX web page exists to provide information related to Title IX in a way that is easily accessible to campus community members, houses all relevant policies, reporting mechanisms, and resources for support.

The National Sexual Misconduct Climate Survey (NSMCCS) tool to assess the Campus Climate related to Gender-Based Violence 

The National Sexual Misconduct Climate Survey (NSMCCS) provided by eduOutcomes is a leader in assessment in Higher Education specializing in areas of student behavior with over 20 years of experience in the field. 

The NSMCCS 

  • Gathers data about student experiences with sexual misconduct;
  • Measures students’ awareness of Title IX processes;
  • Collects information about student experiences with Title IX grievance processes;
  • Asks students to reflect on their perceptions of the ethical and moral standing of the campus community.

Campus Clarity/Law Room On-Line Education

Campus Clarity/Law Room is an on-line education program that provides “seat licenses” that are sufficient to educate all new incoming students and employees each semester.  Programs for both populations are offered through Campus Clarity/Law Room. 

An added feature of this program is the ability for each seat license to be used to participate in multiple on-line programing topics in addition to the topics addressing gender-based harassment and violence.  Human Resources and the Office of Equity & Inclusion provide additional web-based training on a myriad of topics to employees through this program.

Campus Clarity/Law Room offers a vast array of education modules for students and employees.  It includes, for example online educational programs the Campus SaVE Act, Title IX, FERPA, Harassment, Ethics, the Clery Act, Mandated Reporter, Drugs, Alcohol, Sexual Assault and other EDU courses. 

Laws, Regulations, Correspondence

Title IX

Title IX of the Education Amendments of 1972 protects people from discrimination based on sex in education programs or activities which receive Federal financial assistance. Title IX 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.

The United States Department of Education (ED) maintains an Office for Civil Rights, with 12 enforcement offices throughout the nation and a headquarters office in Washington, D.C., to enforce Title IX.

Definitions

Gender Based Violence

Any behavior or practice that causes or intends to cause emotional, psychological, physical harm or property damage based on actual or perceived gender, gender identity, gender expression, and/or sexual orientation.  

Sex Offenses

Any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent. 

Examples of Sex Offenses include but are not limited to:

  • Rape, sexual assault, sexual battery, sexual imposition, or public indecency.

Domestic Violence (DV)

Any physical, sexual, psychological, emotional or economic abuse directed at spouses, partners, siblings, children or elders who cohabitate with one another.

Examples of Domestic Violence include but are not limited to:

  • Grabbing, shoving, slapping, hitting, kicking, punching, stabbing, shooting, rape, intimidation, blackmail, belittling a person’s abilities and competency, or maintaining control over financial resources including a person’s earned income.

Intimate Partner Violence (IPV)

Intimate partner violence (IPV) describes physical, sexual, threats, or psychological abuse that occurs between two people in a close and or intimate relationship.  The term “intimate partner” includes current and former spouses, partners and dating partners.

Examples of Intimate Partner Violence include but are not limited to:

  • Grabbing, shoving, slapping, hitting, kicking, punching, stabbing, shooting, rape, intimidation, blackmail, belittling a person’s abilities and competency, or maintaining control over financial resources including a person’s earned income.

Dating Violence (DaV)

Dating violence is a type of intimate partner violence.  It occurs between two people in a dating relationship.  

Examples of Dating Violence include but are not limited to:

  • Checking your cell phone or email without permission, extreme jealousy or insecurity, belittling, isolating you from family or friends, or making false accusations.

Stalking

Stalking is characterized by behavior that is composed of a “series of actions” that if taken individually might constitute legal behavior.  When these behaviors are coupled with “an intent to instill fear” or inflict emotional, physical or psychological injury, they may constitute a “pattern of behavior” that is illegal.

Examples of stalking include but are not limited to:

  • Monitoring an individual’s phone calls, reading a person’s mail, following a person outside the home, breaking into a person’s home, stealing a person’s belongings, calling, texting, emailing, mailing a person repeatedly at home or work, repeated, uninvited appearances at a place of work or residence.

Sexual Misconduct

Sexual misconduct is defined as any attempt at or any actual unwanted sexual contact, physical or nonphysical, in the absence of clear and voluntary consent.  Clear and voluntary consent is consent that is given freely and actively in mutually understandable words or actions that indicate a willingness to participate in mutually agreed upon sexual activity.  Consent is not clear or voluntary if it results from the use of physical force, threats, intimidation, or coercion.  It is a violation of policy to have sexual contact with someone who is known to be, or should be known to be incapable of making a rational, reasonable decision.

Examples of sexual misconduct include but are not limited to:

  • Sexual penetration, sexual touching with any body part or object without consent, taking nonconsensual, unjust, or abusive sexual advantage of another, such as video or audio-taping of sexual activity without the express permission of both parties, or the exposure of the private or intimate parts of the body in a lewd manner in public or in private premises.

Consent

Consent shall be defined as the act of knowingly and affirmatively agreeing to engage in a sexual activity.  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 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 a supervisory or disciplinary authority.  Consent may be withdrawn at any time.  Prior sexual activity or relationship does not, in and of itself, constitute consent.

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