Sexual Misconduct and Title IX

Title IX explained

“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

---

What is Title IX?

Title IX of the Education Amendments of 1972 is a federal civil rights law that prohibits discrimination on the basis of sex—including pregnancy and related conditions—in educational programs and activities. It states:

“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

All public and private schools, school districts, colleges, and universities receiving any Federal funds (“schools”) must comply with Title IX.

Title IX prohibits sex-based discrimination that results from sexual misconduct. This could include sex-based harassment (quid pro quo harassment, and hostile environment harassment), sexual assault (including rape and fondling), domestic/dating violence, stalking, and discrimination based on the status of pregnancy or related conditions (full spectrum of processes and events connected with pregnancy, including pregnancy, childbirth, termination of pregnancy, or lactation; related medical conditions; and recovery therefrom).

The U.S. Department of Education’s Office of Civil Rights (OCR) ensures compliance with Title IX. You may contact OCR at its New York office at (646) 428-3800 or its national headquarters at (800) 421-3481; TTY: (800) 877-8339.

What is Required of Schools?

Title IX requires institutions of higher education to employ a Title IX Coordinator tasked with ensuring compliance and coordinating the investigative process. In addition, schools are required to have a published complaint resolution process that explains to a student, employee or third-parties how to report an allegation of harassment or discrimination, list campus and community-based support resources for the parties involved in the investigation process, offer supportive measures for the parties involved in the investigation process, and explain possible disciplinary procedures.

Schools are legally required to respond to and remedy hostile educational environments. Failure to do so means a school could risk losing federal funding.

What does a Title IX Coordinator do?

The Title IX Coordinator ensures that the process for addressing complaints of sex-based discrimination/harassment and misconduct are handled promptly and equitably, with fairness to everyone involved. They make certain that anyone who comes to them understands their rights and has the information they need to determine what to do next. However, they do not investigate or adjudicate claims.

The Title IX Coordinator is the University’s expert on Title IX law as well as campus policies and procedures on sex discrimination and sexual misconduct. The Title IX Coordinator is also responsible for:

• Determining whether the complaint allegations are prohibited sex discrimination, sexual harassment, sexual assault, dating or domestic violence, or stalking.
• Ensuring reports and complaints are handled properly in a prompt and timely manner.
• Assistance with care and support resources, information about medical providers, and connection to law enforcement, if applicable; and supportive measures that may be available.
• Information about participating in a University grievance process or informal resolution.
• Maintaining information and documentation related to the investigation in a secure manner, consistent with the university's obligations to disclose information as required by law.

The Title IX Coordinator, Deputy Coordinators, and Prevention Educators also help develop sexual violence prevention initiatives, including trainings for students, faculty, and staff throughout the year.

Who is my Title IX Coordinator?

The University has a designated Title IX Coordinator and seven Deputy Title IX Coordinators who can answer questions and assist you with reporting options and resources. You are welcome to contact any of the coordinators, even if the person is in a different school or unit than you.

When should I contact my Title IX Coordinator?

If you are currently experiencing an emergency or crisis, seek help immediately.

Once you are safe, we strongly encourage you to contact the Title IX Coordinator or a Deputy Coordinator if you have experienced or witnessed sexual misconduct or encountered sexual discrimination. You may also contact a coordinator if you have questions about policies or procedures, or need help with how to handle a situation that indirectly affects you.

Please note that Title IX Coordinators and Deputy Coordinators are private, but not confidential resources. A list of confidential resources is available here.

Pregnancy and Related Conditions

Title IX and New York State laws prohibit discrimination on the basis of pregnancy and related conditions.

Upon notification of a student’s pregnancy or related condition, the Title IX Coordinator will contact the student and inform the student of the University’s obligations to:

• Prohibit sex discrimination.
• Provide reasonable modifications.
• Allow access, on a voluntary basis, to any separate and comparable portion of the institution’s education program or activity.
• Allow a voluntary leave of absence.
• Ensure lactation space availability.
• Maintain a Resolution Process for alleged discrimination.
• Treat pregnancy as comparable to other temporary medical conditions for medical benefit, service, plan, or policy purposes.

Title IX requires a school to provide the same special services to a student who is pregnant or is experiencing related conditions that it provides to students with temporary medical conditions.  For more information on how to support students who may be pregnant or experiencing related conditions visit: https://www2.ed.gov/about/offices/list/ocr/docs/pregnancy.html#_Toc3

What types of supportive measures are typical for pregnancy or related conditions?

• Breaks during class to express breast milk, breastfeed, or attend to health needs associated with pregnancy or related conditions, including eating, drinking, or using the restroom
• Intermittent absences to attend medical appointments[1]
• Access to online or homebound education
• Changes in schedule or course sequence
• Time extensions for coursework and rescheduling of tests and examinations
• Allowing a student to sit or stand, or carry or keep water nearby
• Counseling
• Restroom or other breaks during class as needed
• Continued participation in classes and other activities during pregnancy
• Options for making up missed work
• Changes in physical space or supplies (for example, access to a larger desk or a footrest)
• Elevator access
• A larger uniform or other required clothing or equipment
• Other changes to policies, practices, or procedures determined by the Title IX Coordinator

To request supportive measures for pregnant or parenting students please reach out to Title IX staff at titleix@rochester.edu