What Does Title Ix Not Protect Against

July 2, 2024, 10:44 pm
Sexual Harassment is defined as the following by Title IX: - Unwanted sexual behavior, advances, or requests for favors. Information regarding contact information for local law enforcement as well as contact information for Confidential Resources that are available to provide support to parties and witnesses are described in further detail in Appendix A. If the University knows or in the exercise of reasonable care should know about student-on-student sexual harassment, including sexual violence, that creates a hostile environment, Title IX law requires the University to take immediate and appropriate steps to investigate or otherwise determine what occurred (subject to confidentiality considerations). A University Trained Support Person is an administrator, faculty or staff member at the University trained on the Title IX process who cannot be called upon as a witness by a Party in a hearing to testify about matters learned while that individual was acting in their capacity as a Trained Support Person. Vice Provost for Institutional Equity and Diversity. These advisors are not "advocates" who are trained to assist victims of sexual misconduct, and cannot speak on behalf of a student in any investigatory or adjudication process.

The Title Ix Law

Engaging in sexual activity with an individual who is incapacitated (and therefore unable to consent), where an individual knows or ought reasonably to have understood that the individual is incapacitated, constitutes Title IX Sexual Harassment as defined by this policy. In accordance with federal regulations, the University will keep confidential the identity of any individual who has made a report or formal complaint under this policy, including any complainant, any individual who has been reported to be the perpetrator, any respondent, and any witness, except as may be permitted by Family Educational Rights and Privacy Act (FERPA), or as required by law, or to carry out the purposes of conducting any investigation or hearing under this policy. The Title IX Coordinator will inform you of your rights and discuss the investigation process. Confidentiality and Confidential Resources.

A statement informing the parties that they may have an adviser of their choice, who may be, but is not required to be, an attorney. Counseling services. 900 North Benton Avenue. At least five (5) business days prior to the hearing, the parties and their advisers will be notified of the hearing date, time, and location (or relevant electronic information, if the hearing will be conducted remotely). The Parties may not require that the assigned Advisor have specific qualifications such as being an attorney. For purposes of this policy, an intimate partner is defined as an individual with whom one has or had a short- or long-term relationship that provides romantic and/or physical intimacy or emotional dependence. If a formal complaint is filed against the respondent in as subsequent matter under the Title IX Sexual Harassment policy or the University Sexual Misconduct policy, the respondent's participation in a prior alternate resolution process will not be considered relevant and will not be taken into account in the resolution of the subsequent complaint. D. Investigative Report. The Presiding Hearing Panelist will decide whether evidence and witnesses are relevant or irrelevant, with the understanding that the introduction of relevant evidence and witnesses will always be permitted.

What Does Title Ix Not Protect Against

Examples of kinds of conduct that constitute sexual violence/assault include, but are not limited to: Force involves the use of physical violence and/or imposing on someone physically to gain sexual access. Department of Public Safety: 609-258-3333 (calls will likely result in police involvement). Physical evidence of a sexual assault must be collected from the alleged victim's person within 120 hours, though evidence can often be obtained from towels, sheets, clothes, etc. The complainant may be asked to provide a written account of the incident. Should you have any questions, or for more information, please contact Gwen Sutton, Title IX Coordinator at 901-543-6137 or. Parties will be notified at the appropriate junctures of the identities of the individuals serving as investigators, Hearing Panel members, Sanction Officers, and Appeal Panel members.

For more information about Title IX, visit the U. S. Department of Education's website. Stalking may include, but is not limited to, unwelcomed and repeated visual or physical proximity to a person, repeatedly convey oral or written threats, extorting money or valuables, threatening physical conduct, or any combination of these behaviors directed at or toward a person. Nature of the conduct (be as specific as possible regarding the allegations: e. g., "Complainant awoke to Responding Party touching her breasts without permission. Physical acts where a person is incapable of giving consent or is against a person's will.

Title Ix Prohibited Conduct

In all proceedings under this policy, the University will take into consideration the privacy of the parties to the extent possible. Princeton Police: 609-921-2100 (calls will likely result in police involvement). The Vice Provost for Institutional Equity and Diversity serves as the University Sexual Misconduct/Title IX Coordinator and coordinates the University's compliance with Title IX and all University conduct policies related to sexual misconduct. View a Comprehensive Resource Guide that provides more detailed information about how to get help following an incident of sexual and gender-based discrimination, sexual harassment, sexual assault or sexual violence, interpersonal (relationship) violence, and stalking. Where the University Sexual Misconduct/Title IX Coordinator signs a formal complaint, the University Sexual Misconduct/Title IX Coordinator is not a complainant or otherwise a party. Who can a student contact if they have been accused of Title IX prohibited conduct? Resources: There are many resources on campus and in the community to provide services to those affected by incidents, including: -. On August 13, 2020, the College implemented two new policies related to sexual misconduct: These two policies are being implemented in response to the new regulations issued in May of 2020 by the U. S. Department of Education mandating how colleges and universities must investigate and adjudicate sexual misconduct cases under Title IX, a federal statute that prohibits discrimination on the basis of sex in any federally funded education program or activity. These FAQs are intended to respond to questions about the University's policies and procedures regarding Title IX and sex discrimination as they pertain to matters involving conduct alleged to have occurred on or after August 14, 2020.

Title IX prohibits discrimination on the basis of gender (sex), including sexual harassment. At least ten (10) business days prior to the hearing, the investigative report will be provided to the parties and their advisers via electronic format. There may be circumstances that require the extension of time frames for good cause. When they have notice and/or receive a report of a Title IX related incident? Under such circumstances, the above conditions would apply. Allegations under the University Sexual Misconduct Policy. Relevant information remains on the student's permanent record at the University and may be disclosed by the Office of the Dean of Undergraduate Students or the Office of the Dean of the Graduate School in response to requests for which the student has given permission or as otherwise legally required. Gender Discrimination is defined as the following by Title IX: - Gender discrimination is defined as the following by Title IX: - Discrimination or harassment based upon one's gender (sex). The sanction for willful or reckless damage or vandalism will ordinarily include restitution for replacement or repair. Further, consent to one form of sexual activity does not imply consent to other forms of sexual activity.

Like Policies Prohibited By Title Ix Nyt

Initiation by someone who a reasonable person knows or should have known to be deemed incapacitated is not consent. Any sanctions and remedies will be included in the written determination, and sanctions will be subject to appeal under this policy. What is an Academic Medical Center? It will also be considered a violation of University policy for any individual to encourage, aid, assist, or participate in any act of sexual misconduct against another. In some circumstances, the reporting responsibilities of University employees, or the University's responsibility to investigate, may conflict with the preferences of the complainant and/or respondent with regard to privacy and confidentiality. Supportive Measures may include: - Referral and facilitating contact for the Complainant or Respondent for counseling or other support services. When discussing an incident of sexual misconduct with someone on campus, you should be aware of which resources will be able to maintain strict confidentiality of what you report to them and which will not.

By intoxication or mental disability, a person may not be capable of valid consent. The investigators will provide the case file, to each party and their adviser in electronic form or hard copy. To have an opportunity to present a list of potential witnesses and provide evidence to the Investigator. Room changes under these circumstances are considered emergencies. In addition to any of the sanctions listed above, a student may be required to participate in educational refresher programs appropriate to the infraction. Individuals are encouraged (but not required) to contact law enforcement and seek medical treatment as soon as possible following an incident that poses a threat to safety or physical well-being or following a potential criminal offense. The University may provide supportive measures to the complainant or respondent, as appropriate, as reasonably available, and will do so without fee or charge, regardless of whether the complainant seeks formal disciplinary action.

Consent to sexual activity is knowing and voluntary. A statement that the respondent is presumed not responsible and that a determination regarding responsibility is made at the conclusion of the grievance process. For purposes of this policy, consent is defined as follows: - Consent and Incapacitation. Removal from membership in the University for at least the period of time specified by the suspension, with the suspension to continue until certain conditions, stipulated by the appropriate body applying this sanction, have been fulfilled. A current or previous dating relationship is not sufficient to constitute consent.

Consent to engage in sexual activity may be withdrawn by either party at any time. In deciding an appeal, the Appeal Panel may consider the case file and any responses, investigative report and any responses, the hearing record, the written determination, and any written appeal(s) or statements by the parties. Why does consent matter? Providing limited transportation accommodations for the Parties. However, each party will be given an equal opportunity to suggest witnesses; provide other relevant information, such as documents, communications, photographs, and other evidence.

You will be asked to provide a response to the complaint, to provide the names of any witness who can corroborate your account of the incident, and to provide any evidence in support of your account. In accordance with University policy, the University will review requests for language assistance and accommodation of disabilities throughout the investigation and adjudication process. You can learn more about all policies, programs, and resources offered by partner departments by visiting – the University's main portal for undergraduate and graduate students, faculty, staff, and visitors at UNC-Chapel Hill for resources and information about discrimination, harassment, sexual violence, interpersonal violence, and stalking. There are several ways you can make a report at each University. Individuals are encouraged to access support services and learn about their options by contacting SHARE. Mercer County Sexual Assault Response Team (SART).