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…20 U.S.C. § 1681
Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681) is an all-encompassing federal law that prohibits discrimination based on the gender of students and employees of educational institutions which receive federal financial assistance.
Educational institutions that receive federal financial assistance are covered by Title IX. If only one of the institution’s programs or activities receives federal funding, all of the programs within the institution must comply with Title IX regulations. In compliance with Title IX, the Emory & Henry College prohibits discrimination in employment as well as in all programs and activities on the basis of sex.
In accordance with Title IX regulations, the College has designated Kim Steiner, as the College's Title IX Coordinator. She is charged with monitoring compliance with these regulations. Questions regarding Title IX, as well as concerns and complaints of non-compliance, may be directed to her.
The College has also designated Pamela Gourley, Vice President of Student Life and Dean of Students, as the Coordinator for Student Sexual Misconduct. She is responsible for receiving student complaints of sexual harassment, including sexual assault, sexual violence or other sexual misconduct, against other College students. Melissa Davis, Senior Women's Administrator, is Deputy Title IX Coordinator for Athletics.
This is perhaps the most widely held misconception about Title IX. Athletics are not the only component of academic life governed by Title IX. Other areas which fall within the scope of Title IX include:
Title IX also prohibits sexual harassment, which includes sexual assault and sexual violence. Additional information regarding what behaviors may constitute sexual harassment and other forms of sexual misconduct is available in the College's Student Handbook (.pdf).
Title IX is designed to create parity in athletics, as well as other educational opportunities and experiences for men and women. Title IX does not require schools to cut men’s athletic programs. Each school determines how it will comply with Title IX regulations.
While Title IX has been used mostly by women seeking to protect their rights, Title IX also serves to protect the rights of men. Title IX requires that males and females receive fair and equal treatment in all areas of education.
Title IX specifically allows for, or has been interpreted to allow for, single-sex programs in a number of categories. Included among those are: religious schools, traditional men’s/women’s colleges, social fraternities/sororities, youth service organizations such as, The Boy/Girl Scouts of America, and beauty pageants.
The under-representation of women in science, medicine, and engineering may violate Title IX. Educational institutions are required to provide women in these disciplines resources, support, and promotional opportunities comparable to their male colleagues.
The U.S. Supreme Court has broadened the interpretation of Title IX to protect from retaliation whistle-blowers who accuse educational institutions of sex discrimination. The court is of the opinion that reporting incidents of discrimination is integral to Title IX enforcement and would be discouraged if retaliation against those who report it goes unpunished.
The penalty for failure to comply with Title IX in the most extreme circumstances can include the termination of all or part of an institution’s federal funding. This includes grants, subsidies, and other program funds from the federal government. In addition to the loss of federal funds, universities may be sued by those seeking redress for violations of Title IX. It is essential that institutions receiving federal financial assistances operate in a nondiscriminatory manner. To ensure the College's compliance with the law, adherence to Title IX regulations is everyone’s responsibility.
The United States Department of Education’s Office for Civil Rights (OCR) is in charge of enforcing Title IX. Information regarding OCR can be found at www.ed.gov/about/offices/list/ocr/index.html.
Any member of the College community who believes that he or she has experienced prohibited discrimination or harassment in employment or in the context of academic pursuits should report the incident to the identified sources below:
A complaint should be filed within 30 days of the most recent action giving rise to the grievance. Retaliation against anyone who makes a complaint or participates in the complaint process is prohibited. Any member of the College community who becomes aware of potentially discriminatory or harassing conduct must report the conduct to one or more of the identified persons above.
Additionally, all potential criminal activity, including any allegation of criminal sexual assault or violence that is brought to the attention of any member of the College, must be reported immediately to Campus Police.
When a student or employee reports that he or she is a victim of domestic violence, dating violence, sexual assault, or stalking – regardless of where the offense occurred – the individual will be provided with his or her rights and options for additional reporting and resources.
All College personnel, by virtue of their roles, responsibilities and authority, must report incidents of sexual discrimination, sexual harassment, and sexual violence.
Individuals who desire confidentiality and privacy related to incidents of sexual discrimination, sexual harassment, and sexual violence are encouraged to report incidents through confidential reporters in the Powell Resource Center. Confidential reporters (Powell Resource Center counselors, health services personnel, or campus ministry staff) are required to report incidents to the Title IX Coordinator; however, they do not reveal names unless given permission to do so by the person reporting the incident.
Emory & Henry College prohibits retaliation against anyone for inquiring about suspected breaches of College policy, reporting or cooperating in the investigation of any sexual discrimination, sexual harassment and sexual violence complaint. Retaliation is a serious violation that can subject the offender to disciplinary action independent of the merits of the discrimination or harassment allegation, up to and including discharge. If the complainant believes that retaliation has occurred and seeks College resolution, s/he is obligated to immediately report it to one of the officials identified in Section III of this policy.
Students and employees will not suffer adverse consequences as a result of reporting a matter involving sexual discrimination, sexual harassment, and sexual violence in good faith. However, the protocol shall not be used to initiate frivolous claims, false claims, or malicious charges without regard to the truth. After the completion of remediation efforts, if the Title IX Coordinator concludes that the complainant’s allegations were false, frivolous or malicious, the Coordinator may recommend disciplinary action against the complainant, up to and including separation from the College.
The informal complaint, which may not require a written statement, is the most commonly used procedure to address complaints of sexual misconduct, sexual violence, discrimination or harassment. Generally, an informal complaint should be reported by the Complainant within thirty (30) calendar days following the alleged discriminatory act(s) or the date on which the Complainant first knew of such alleged act(s). The Complainant may meet with the appropriate individual identified in Section III below in order to describe the complaint verbally. While a written outline of the complaint is not required at this stage, such a written outline or any other written materials related to the complaint are encouraged and will be reviewed if made available. The individual who received the complaint will consult with the Title IX Coordinator to determine the appropriate response to the complaint. The response to the Complainant is to be made within ten (10) business days, unless an extension is agreed to by the Complainant, and the response may result in protective measures or an informal remedy, such as: shielding a student from ongoing contact with an individual; reorganizing housing assignments so that students can feel safer; reassigning an employee or supervisor to a different work area; asking an administrative officer to speak to the individual to express serious concern about a behavior; reminding an individual of policies and definitions relating to sexual misconduct, sexual violence, harassment or discrimination; or an investigation may occur at any time during the informal process. An investigation may include, but is not limited to, meetings with the Complainant, the Respondent, any other appropriate campus administrators, faculty, staff and/or students who may have knowledge of the situation. Details of the complaint and the resolution will be fully documented and submitted to the Title IX Coordinator. An informal remedy does not preclude formal disciplinary action according to the Faculty, Staff and Student Handbooks up to, and including, termination of employment or separation from the College. Though referred to as informal, this procedure and its outcome are official and may not be appealed.
The formal grievance procedure may be used instead of the informal procedure for the processing of a complaint. A formal written complaint may be filed with the Title IX Coordinator. Generally, a formal complaint should be filed by the Complainant within thirty (30) calendar days following the alleged discriminatory act(s) or the date on which the Complainant first knew of such alleged act(s).
As soon as possible, but within fourteen (14) days after receipt of the written complaint, the Title IX Coordinator shall review the materials contained in the written complaint, and may either commence an investigation of the complaint or appoint a designee(s) to investigate or co-investigate the complaint. Such an investigation may include initial meetings with the Complainant and with the Respondent and a discussion of possible avenues for resolution of the complaint. Immediate protective measures or remedies may be implemented to respond to the complaint.
As soon as possible, but within a 60 days after the end of the information processing, the Title IX Coordinator will notify the Complainant in writing of the outcome of the investigation.