PDF Title IX of the Education Amendments Act of 1972 Who is ...

Title IX of the Education Amendments Act of 1972

Who is governed by Title IX?

Educational institutions that receive federal financial assistance are governed by Title IX of the Education Amendments Act of 1972. In compliance with Title IX, UA prohibits discrimination on the basis of sex in employment as well as in all programs and activities. This includes practices in student recruitment; admissions to undergraduate, graduate and doctoral studies; faculty and staff recruitment and selection; program administration; research, and athletics activities. Sex discrimination includes sexual harassment, sexual misconduct, and sexual assault.

Who enforces Title IX?

The United States Department of Education's Office for Civil Rights (OCR) enforces Title IX.

Who can file a complaint?

A victim, witness, or third party can file a complaint.

What is a Title IX complaint?

It is a notice to the University of an allegation that you have been a victim of discrimination, have witnessed discrimination, or were informed of discrimination based on sex. Your notice triggers timely action and response to your complaint. The University will initiate an investigation and a discussion of appropriate administrative, educational, and/or other remedies.

What is considered sex discrimination and therefore a violation of Title IX?

Sexual Harassment is currently defined in UA's Board of Trustee Rule 3359-11-13. Sexual Harassment is a form of discrimination which violates state and federal laws respecting both employees and students. It consists of unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct, or other verbal or physical conduct or communication of a sexual nature.

What are some examples of sexual conduct that constitute a violation of Title IX?

1. Uninvited verbal harassment or abuse such as sexual name calling, jokes, spreading sexual rumors, leers, or overly personal conversations of a sexual nature;

2. Subtle pressure for sexual activity; 3. Inappropriate patting, pinching or fondling, pulling at clothes, or

intentional brushing against a student's or an employee's body;

4. Demanding sexual favors accompanied by implied or overt threats concerning an individual's employment or educational status;

5. Demanding sexual favors accompanied by implied or overt promises of preferential treatment with regard to an individual's employment or educational status;

6. Any sexually motivated unwelcome touching, cornering, or blocking an individual's movement;

7. Conditioning a student's grade or academic progress on submission to sexual activity;

8. Hanging or displaying inappropriate and sexually explicit pictures, posters, or drawings in the workplace;

9. A pattern of conduct intended to discomfort or humiliate, or both, a reasonable person at whom the conduct was directed that includes one or more of the following: unnecessary touching or hugging, remarks of a sexual nature about a person's clothing or body, or remarks about sexual activity or speculations about previous sexual experience;

10. Any related retaliatory conduct.i

What happens when I report a Title IX complaint?

There is an administrative process to address complaints of discrimination based on sex, to protect victims, and to prevent reoccurrence. The details of the complaint are discussed between the victim or the reporting party and an initial interviewer. The course of action taken will be based on the information gathered during the interview and whether the alleged victim/responsible party or third party witness are students or employees.

Every victim, witness, or third party witness has the right to present his or her complaint and the right to an impartial investigation of that complaint. Further, individuals have the right to present witnesses and other evidence. The alleged victim and the alleged responsible party, as well as any relevant witnesses identified, will be interviewed.

A decision will be rendered on whether the complaint is or is not substantiated and what disciplinary action will be taken, if any. Counseling and other resources are available and will be offered to both the alleged victim and alleged responsible party and witnesses. In addition to your right to file a Title IX complaint, you have the right to file a complaint with local law enforcement if you believe a crime has occurred.

Who investigates and resolves Title IX complaints?

The office of Equal Employment/Affirmative Action (EEO/AA), Deputy Title IX Coordinators, designated officials, and their investigative teams work together to address issues of sex-based discrimination, harassment and sexual misconduct. They will provide information regarding resources available and determine any interim measures which should be taken while the complaint is being investigated. They also work closely with the university's Title IX Coordinator to monitor compliance. Complaints

are investigated in accordance with federal and state civil rights laws and regulations, UA policies, rules, and procedures.

If an incident occurs off campus, can the University investigate?

Yes, the University can investigate an incident which occurred at another location if there is a connection to University academic, educational, extracurricular, athletic, or other programs. This administrative investigation will occur regardless of any criminal complaint that may have been made.

If a student or employee is victimized at an off-campus location that is not related to any University program or activity, steps can be taken to protect the victim from contact with the accused at on-campus facilities.

If I reported being sexually harassed or assaulted to EEO/AA or the Deputy Title IX coordinators, do I still need to go to the police?

Sexual assault is a crime, so you have the option of contacting the University police department to report it. The police department will conduct a criminal investigation which may lead to criminal charges. However, this does not affect the University's Title IX responsibility to conduct an administrative investigation of possible violations of University polices, rules and procedures.

The Title IX complaint process is an administrative review and limited to sanctions related to the accused's employment and/or academic status at UA.

What happens when I make a report to police?

Criminal complaints will be investigated by the police department, which will inform the Deputy Title IX Coordinators and Title IX Coordinator. The complainant is encouraged, but is not obligated, to cooperate in the Title IX investigation process.

Will my complaint remain confidential?

Individuals wishing to make reports of sexual harassment must understand that certain University employees, such as the Deputy Title IX Coordinators, managers, supervisors, and/or other designated employees, may have an obligation to respond to reports of sexual harassment, even if the individual making the report requests that no action be taken or that the information be kept confidential. To the extent possible, information in the complaint will be limited to those with a need to know; however, such wishes will be considered in the context of the University's legal obligation to ensure a working and learning environment free from sexual harassment, as well as the due process rights of the accused to be informed of the allegations and their source. Serious threats of harm to the general University community may be reported to the police after considering the appropriate factors.

What if I want to remain anonymous?

If a complainant insists on remaining anonymous or does not disclose information regarding the alleged responsible party, the University is limited in its ability to respond.

Title IX also supports and enforces:

Prompt and equitable processes for both parties

Complainant processes are in place to provide prompt and equitable procedures for both parties (victim and accused), including impartial investigations of complaints, opportunities to present witnesses and other evidence, dual notices of outcomes, and the right to appeal disciplinary actions.

Protection for pregnant mothers and parents

The U.S. Department of Education's regulation implementing Title IX specifically prohibits discrimination against a student based on pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery from any of these conditions. The Title IX regulation also prohibits a school from applying any rule related to a student's parental, family, or marital status that treats students differently based on their sex.

Protection against retaliation

Federal and state civil right laws make it unlawful to retaliate against an individual for the purpose of interfering with any right or privilege secured by these laws. Retaliation is also prohibited by University policy.

Equal education and employment Institution

It is the policy of The University of Akron that there shall be no unlawful discrimination against any individual because of race, color, creed, sex, age, national origin, handicap or status as a veteran. Consistent with Title IX and other laws, the University will not tolerate sexual harassment of any form in its programs and activities, and prohibits discrimination on the basis of sexual orientation in employment and admissions. The nondiscrimination policy applies to all students, faculty, staff, employees and applicants. Complaints of any form of discrimination should be referred to the EEO/AA office. Complaints of discrimination based on sex can also be made to the Deputy Title IX Coordinators who will work together with EEO/AA and the Title IX Coordinator to respond to complaints and to address policy and procedural issues.

EEO/AA Bonita Prewitt, Director EEO/AA, ASB, Room 138B (330) 972-7300

Title IX - Issues for Students Denine Rocco, Deputy Title IX Coordinator, Student Union, Room 306 (330) 972-6048

Title IX - Issues for Employees Mark Stasitis, Deputy Title IX Coordinator, ASB, Room 125B (330) 972-2352

Title IX - Policy Information and inquiries concerning the application of Title IX Becky Hoover, Title IX Coordinator, Leigh Hall, Room 412 (330) 972-6462

i University of Akron Board of Trustee Rule 3359-11-13(B)(2)

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