University Title IX/Code of Conduct

What is University Title IX?

“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.” – Title IX of the Educational Amendment of 1972

What are Title IX violations?

There are two types of Title IX violations – Sexual Harassment Under Title IX and Sexual Misconduct.

Sexual Harassment Under Title IX is conduct on the basis of sex that occurs in the University’s education program or education activity and satisfies one of the following conditions:

1. An employee of the University conditioning the provision of an aid, benefit, or service of the recipient on an individual’s participation in unwelcome sexual conduct. This type of sexual harassment is also referred to as Quid Pro Quo.;

2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the University’s education program or activity. This type of sexual harassment is also referred to as Hostile Environment.; or

3. “Sexual assault” as defined in 20 U.S.C. 1092(f)(6)(A)(v), “dating violence” as defined in 34 U.S.C. 12291(a) (10), “domestic violence” as defined in 34 U.S.C. 12291(a)(8), or “stalking” as defined in 34 U.S.C. 12291(a) (30).

Sexual Misconduct is the following conduct regardless of where it occurs provided one or both of the parties is a member of the University Community:

1. Sexual Assault

2. Stalking

3. Dating Violence

4. Domestic Violence

5. Sexual Exploitation

What are the potential penalties?

1. Expulsion

2. Academic Suspension

3. Termination of Employment

4. Disciplinary Probation

5. Essays and Research papers

6. No Trespassing on University Property

7. No Contact with the University

What is the process of a Title IX Complaint?

Investigation Phase

During this phase the University investigator will gather evidence and conduct interviews with all sources of information. This is when the first strategical decision is required – should you cooperate in the University’s investigation? If you choose to cooperate, to what extent? Factors like potential criminal charges, law enforcement involvement, EPO/IPO case, and seriousness of the allegations play a vital role in ultimately deciding whether to cooperate.

Hiring an experienced attorney during this phase is highly recommended. While the University is conducting their own investigation, you can be working with an attorney to conduct your own investigation. This includes preserving evidence, securing witness statements, and controlling the narrative from the beginning.

Preliminary Investigation Findings and Recommendation

This is the first time the University is required to disclose the evidence it has gathered through their investigation. It is vitally important to thoroughly review this report and make any necessary corrections. Failure to make corrections could result in the University using wrong or misleading information against you later.

Formal Investigation Findings and Recommendation

In the formal investigation findings and recommendations, the University has completed the investigation, edited the report after the objection period, and finally makes recommendations as to whether there is probable cause that the Respondent is “Responsible” for the violation. If no probable cause exists, the case is over (pending an appeal from the Complainant).

Final Hearing

The final hearing is similar to a trial. There are pre-hearing meetings, opening statements, questioning of witnesses, closing arguments, and deliberation. The hearing panel consists of four members (which includes one alternate). Ultimately a three-member panel will deliberate at the close of evidence and make a determination on whether the Respondent is “responsible” for the violation by a preponderance of evidence. If the hearing panel finds the Respondent “responsible” then a separate proceeding is held to determine punishment.

Appeal

If you are found responsible, you are entitled to an appeal to the University Appeal Board. Potential grounds for appeal are:

1. Dismissal of a Formal Complaint or allegation of a Formal Complaint

2. Finding of no Probable Cause

3. Procedural irregularity that affected the outcome of the matter

4. New evidence that was not reasonably available a the time of the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter

5. the Title IX Coordinator, investigators, or hearing panel had a conflict of interest or bias for or against Complainant or Respondent that affected the outcome of the matter

6. The factual findings were clearly erroneous

7. The legal conclusions are incorrect

8. A party’s constitutional rights were violated