Title IX & Sexual Misconduct

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About Title IX

Although Title IX is commonly associated with sex-based discrimination in athletics, the law is much broader. Title IX of the Education Amendments of 1972 is a federal law that provides:

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any educational program or activity receiving Federal financial assistance.

Title IX prohibits sex discrimination in all university/college programs and activities, including, but not limited to admissions, recruiting, financial aid, academic programs, student services, counseling and guidance, discipline, class assignment, grading, recreation, and employment.

Sexual harassment and sexual violence are forms of sex discrimination prohibited by Title IX. Title IX also prohibits retaliation against people for making or participating in complaints of sex discrimination.  

Learn More About Title IX

Laws, Definitions & Facts

The Law

Title IX of the Education Amendments of 1972 (Title IX) is a federal civil rights law that prohibits discrimination on the basis of sex in federally funded educational programs and activities.  Under Title IX, sexual assault and sexual harassment are forms of discrimination o n the basis of sex. The Department of Education's Office for Civil Rights, which enforces Title IX, has recently provided detailed guidance on how educational institutions like LWTech must investigate and respond to complaints of sexual assault and sexual harassment. Learn more in Question and Answers on Title IX and Sexual Violence from the Department of Education.

Definitions

Complainant

Employee(s), applicant(s), student(s), or visitor(s) of LWTech who alleges that she, he or they/have been subjected to discrimination or harassment.

Complaint

A description of facts that allege violation of the college’s policy against discrimination or harassment.

Consent

A knowing and voluntary agreement to engage in specific sexual activity at the time of the activity.  In order to be valid, consent must be knowing, voluntary, active, present and ongoing. Consent is not present when an individual is incapacitated due to alcohol, drugs, sleep or other condition.

Sexual Assault 

Sexual penetration without consent (e.g. rape), sexual contact without consent (e.g. fondling), incest, or statutory rape.

Sexual Harassment

Sexual harassment is an unwelcome conduct of a sexual nature where sexual favors are used or threatened to be used as a basis for academic or employment decisions; where the conduct creates a hostile, intimidating, or offensive academic or working environment; or where other verbal, nonverbal, or physical conduct of a sexual nature that is sufficiently severe, persistent, or pervasive to limit a person's ability to participate in or benefit from an educational program or activity.

Rape

Unlawful sexual intercourse or any other sexual penetration of another person, with or without force, by a sex organ, other body part, or foreign object, without the consent of the victim.

Retaliation

Material adverse action taken against any individual for reporting, providing information, exercising one's rights or responsibilities, or otherwise being involved in the process of responding to, investigating, or addressing allegations of sexual misconduct.

Information and Statistics about Sexual Misconduct

A California Coalition Against Sexual Assault (CALCASA) study surveying more than 6,000 students at 32 colleges and universities in the U.S. indicates that:

  • 1 in 4 women had been victims of rape or attempted rape.
  • 84% of those raped knew their attacker, and 57% of the rapes happened on dates.
  • Only 27% of the women whose sexual assault met the legal definition of rape thought of themselves as rape victims.
  • 42% of the rape victims told no one about the assault, and only 5% reported it to the police
  • About 75% of the men and at least 55% of the women involved in acquaintance rapes had been drinking or taking drugs just before the attack.
  • According to the National Institute of Justice, rape is the costliest crime in the U.S., exacting $86,500 in tangible and intangible costs per victim.
  • Results of a 1997 study of sexual coercion within gay and lesbian relationships indicated that 52% of the total sample reported having experienced at least one incident of sexual coercion. 55% of the gay men and 50% of the lesbians in this study reported unwanted penetration. 33% of the gay men and 32% of the lesbians in this study reported unwanted fondling.
  • In 1992, the National Victim Center reported that 9 out of 10 rapes go unreported. 

LWTech's Responsibilities to Address Sexual Harassment & Sexual Violence

The college's responsibility is to respond promptly and effectively. If the college knows or reasonably should know about sexual harassment or sexual violence that creates a hostile environment, the college must take immediate action to eliminate the sexual harassment or sexual violence, prevent its recurrence, and address its effects. Even if a student's parent does not want to file a complaint or does not request that the college take any action on the student’s behalf, if a college knows or reasonably should know about possible sexual harassment or sexual violence, it must promptly investigate to determine what occurred and then take appropriate steps to resolve the situation. A criminal investigation into allegations of sexual harassment or sexual violence does not relieve the college of its duty under Title IX to resolve complaints promptly and equitably.

LWTech's Procedures and Polices to Prevent Sexual Harassment, Sexual Violence and Resolve Complaints

  • Distribute a policy against sex discrimination
  • Have a Title IX Coordinator
  • Have and make known procedures for students to file complaints of sex discrimination

What Is the Role of a Title IX Coordinator?

The Title IX Coordinator’s responsibilities include:

  • Providing information and assistance to those who wish to raise a complaint or have concerns relating to the LWTech's compliance with Title IX
  • Facilitating the college's compliance with Title IX, including responding effectively to each complaint
  • Providing assistance and support to college programs responsible for responding to and investigating complaints
  • Identifying and addressing any patterns or systemic issues relating to Title IX compliance
  • Facilitating college-wide training and outreach
  • Where appropriate, responding to or conducting an investigation of complaints
  • Participating in and providing support for committees and other programs dedicated to Title IX compliance