Sexual Misconduct

title ix and the student code of conduct

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 includes the actions listed below. These actions are also prohibited under The Student Code of Conduct. An incident may be addressed by either the Title IX Office or the Office of Community Standards & Student Conduct, in accordance with current Title IX regulations. 

•   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.
  •   Dating Violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.  The existence of such a relationship shall be determined based on a consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. 
  •   Domestic Violence: Felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is co-habitating with or has co-habitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction, or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction.
•   Retaliation: adverse academic, employment, or other actions against anyone reporting or participating in an investigation of Title IX allegations.

Rights of the Complainant (Reporting Party)

•   If you have experienced sexual harassment, sex-based discrimination, and/or intimate partner 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 student conduct 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 you.
•   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, and the right to notification of the results of a hearing.
•   You have the right to testify from another location if 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. Your impact statement will remain a part of the record through all levels of appeal.
•   You have the right to not have your 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 the alleged respondent (person responding to the allegations).
•   You have the right to appeal findings or sanctions as described in The Student Code of Conduct.  

Rights of the Respondent (Accused Party)

If you have been accused of an act of sexual harassment, sex-based discrimination, and/or intimate partner violence, please know that you are afforded the following rights through the student conduct process. Students also retain the same and/or similar rights through the Title IX process. Please contact the Title IX Coordinator (contact information listed in resources below) for more information.

•   You have similar rights to the complainant. The University will provide a timely and thorough investigation, and will treat you with respect before, during, and after the student conduct process.
•   You have the right to be informed of the university's conduct process and possible outcomes. The University will also inform you of available resources, including counseling services and other campus and off campus resources to assist with the process.
•   You may request changes to academic and living situations. The Office of Community Standards & Student Conduct may be able to help facilitate such changes.
•   You have the right to assistance throughout the student conduct process, including the right to have an advisor present at all proceedings.
•   The University will make reasonable efforts to protect confidentiality, within the parameters of FERPA (Family and Education Privacy Act of 1974) and the student conduct process.
•   You have the right to be updated on the investigation and be informed of the outcomes of the process.
•   You have the right to timely notice of a hearing as indicated in The Student Code of Conduct.
•   You may inform the conduct officer of relevant witnesses you wish to include at the hearing.
•   Prior to a hearing, you may also meet with a conduct officer to discuss hearing procedures.
•   During a hearing, you have the right to give opening and closing statements and ask questions of the witnesses and complainant, via the chair of the hearing panel.

Reporting Options