Sexual Misconduct Policy, Section VIII: Title IX Prohibited Conduct

The Sexual Misconduct policy of the College covers a broader scope of conduct and locations than required by Title IX of the Education Amendments Act of 1972. Where the following criteria are met, Department of Education federal regulations (issued under Title IX) require a grievance process that includes formal investigation and adjudication through a Live Hearing:

  1. The Respondent is a student, staff, or faculty of the College;
  2. The Reporting Party is currently enrolled in or actively trying to access classes or other educational program or activity of the College;
  3. The misconduct occurred in the United States;
  4. The misconduct occurred in an educational program or activity of the College;
  5. The Reporting Party signed a formal complaint requesting investigation of the sexual misconduct allegation; and
  6. The allegation fits one of the below categories:

Categories of conduct:

Sexual harassment, defined as conduct on the basis of sex that satisfies one or more of the following:

  1. An employee of the College conditioning the provision of an aid, benefit, or service of the College on an individual’s participation in unwelcome sexual conduct;
  2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies the Reporting Party equal access to the College’s education program or activity;
  3. Dating violence;
  4. Domestic violence;
  5. Sexual assault, which includes the sex offenses of fondling (nonconsensual sexual touching), incest, statutory rape, and rape; or
  6. Stalking.

The Title IX Coordinator is responsible for determining whether misconduct, as alleged, fits the above definitions and therefore falls within the scope of Title IX prohibited conduct. Either the Title IX Coordinator or a Deputy Title IX Coordinator will discuss this determination with the Reporting Party, in order to provide the Reporting Party with clear information about options and procedures for the formal resolution of the misconduct. The determination that Title IX procedures apply will be clear in the notification of investigation provided to the Respondent, and copied to the Reporting Party. The determination will be clear in notifications to the Respondent and Reporting Party regarding the procedures for Evidence Review and Live Hearing.

Under very limited circumstances, the Title IX Coordinator may be required to sign a formal complaint in place of the Reporting Party; for example, where there is a threat to campus safety and a Reporting Party is not available to sign.