Title IX and Sexual Misconduct

Title IX 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 USCA § 168

1-1-508(3) Sexual Harassment Policy

It is the policy of the BOT of the University to maintain the University as a place of work, study, and residence, free of sexual harassment and exploitation of its students, faculty, staff, and administrators. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that is so frequent or severe that it creates a hostile or offensive employment or educational environment.  Notwithstanding the foregoing, the definitions of discrimination and sexual harassment shall not include conduct, discourse, materials or methodologies which serve legitimate education purposes and are protected by the accepted tenets of academic freedom, the First Amendment, or are otherwise constitutionally protected. Violation of this policy is absolutely prohibited on the campus or in relationship to any University programs wherever located. The University is committed to take appropriate action against those who violate the University’s policy prohibiting sexual harassment, including corrective and disciplinary action. In addition, the University will take all reasonable steps to prevent or eliminate sexual harassment by non-employees including customers, clients, and suppliers who are likely to have contact with University students, faculty or employees.

Federal Campus Sexual Assault Victims' Bill of Rights

• Survivors shall be notified of their options to notify law enforcement.
• Accuser and accused must have the same opportunity to have others present.
• Both parties shall be informed of the outcome of any disciplinary proceeding.
• Survivors shall be notified of counseling services.
• Survivors shall be notified of options for changing academic and living situations.

The Campus Sexual Assault Victims’ Bill of Rights was signed into law by President George Bush in July of 1992. This law requires that all colleges and universities (both public and private) participating in federal student aid programs afford sexual assault victims certain basic rights. Schools found to have violated this law can be fined up to $35,000 or lose their eligibility to participate in federal student aid programs. Complaints about schools that have filed to comply with this law should be made to the U.S. Department of Education.

The “Campus Sexual Assault Victims’ Bill of Rights” exists as a part of the campus security reporting requirements, commonly known as the Jeanne Clery Act.