Title IX: What to do if You Experience Harassment, Discrimination, Retaliation, or Sexual Harassment/Violence
Title IX, part of the Education Amendments of 1972, is a federal law that prohibits sex discrimination in education. It reads: “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.” Title IX is often thought of as a law that applies only to athletics programs. In reality, it probably applies to every program and activity at UAFS.
Sex discrimination, as currently interpreted, includes behaviors such as sexual harassment, sexual assault, and all forms of sexual violence. We must respond similarly to allegations of domestic violence, dating violence, and stalking. Title IX also provides rights to students who are pregnant. If sex discrimination behaviors occur, we need to stop the behavior, prevent its recurrence, and remedy its effects to the greatest extent possible. UAFS will strive to respond to complaints in a manner that maintains or restores a safe and productive learning environment while looking into the complaint in a prompt, thorough, and impartial fashion.
The first priority is to report the incident. This can be done by calling Title IX Coordinator Dr. Lee Krehbiel at 788-7310 or Deputy Coordinator for Students Kathryn Janz at 788-7413. If you prefer to speak with a woman or a man, we will do our best to accommodate that request. If you are unsure about reporting, the coordinator can refer you to persons who can listen to your story and offer confidentiality, such as a crisis counselor, pastor, or licensed counselor. You will be given a packet of information outlining your options and offering personal assistance as needed with making appropriate contacts. Interim measures are another possibility, such as re-working living or classroom arrangements or issuing no contact orders. These are put in place to facilitate your ability to continue your academic pursuits. We will also help you report the incident to the police if you so desire.
Informal Complaint Process
An Informal Complaint Process is available, but only after a formal complaint is filed, and both parties must agree in advance to the procedures. Either party may withdraw up to the point that an agreement is reached. The university does not require any party to utilize the Informal Complaint Process if doing so is impracticable or unsafe, or if the party believes that the conduct cannot be effectively addressed through informal means. However, where it is practical and safe to do so, every reasonable effort should be made to constructively resolve issues with students, faculty, staff and administrators before pursuing the Formal Complaint Process. Under the Informal Complaint Process, the parties may elect to resolve the complaint by discussing it with the other party, again if both parties agree. If the offending party is an employee and satisfactory resolution cannot be reached after discussion, the complainant may also contact the individual’s direct supervisor to resolve the complaint. If these efforts are unsuccessful, the Formal Complaint Process may be initiated. The informal process is not available if the complaint involves an allegation that an employee sexually harassed a student.
Formal Complaint Process
Upon receiving a report of alleged or possible violation of the UAFS Campus Policy and Procedure for Discrimination, Harassment, Retaliation and Sexual Misconduct Complaints, the Title IX coordinator and/or deputies (hereafter the Title IX coordinator) will evaluate the information received and determine what further actions should be taken. The Title IX coordinator will follow the procedures described in the policy. The Title IX coordinator will take steps, either directly with the complainant or through a reporting employee, to provide information about the university’s Complaint/ Grievance Procedure, as well as available health and advocacy resources and options for criminal reporting. The full policy is in the Student Handbook.
What If I Am Accused of Violating This Policy?
Many of the protections and rights outlined above also apply to those who are accused. These include meeting with a Title IX coordinator or deputy and receiving the comprehensive packet of information. You will learn about options, support mechanisms and resources, and receive regular updates on how the process is proceeding. You may choose to have an advisor with you during meetings. You have the right to a written notice of the charges against you, including sufficient details, and sufficient time to prepare a response before any initial interview. The notice will include the identities of the parties involved, the specific section of the Title IX Policy and Procedures document allegedly violated, the specific conduct allegedly constituting the potential violation, and the date and location of the alleged incident. The notice will also affirm that the university presumes a party to be not responsible for a policy violation until a preponderance of evidence shows otherwise. You will also be protected from harassment or retaliation. If the case goes to a hearing, you may have an advisor represent you in asking questions of the other party and witnesses, or UAFS will appoint one for you. For further details and information on the UAFS Title IX policy, please refer to the Student Code of Conduct.
Harassment, Assault, and Discrimination
Direct threats, intimidation, physical or verbal abuse, sexual harassment, unlawful discrimination, hazing, and stalking are expressly prohibited. Also prohibited is other conduct that threatens or endangers the health or safety of any specific person or that clearly creates a hostile living, learning, or work environment. UAFS has developed a policy with respect to unlawful harassment or discrimination and does not tolerate such behavior undertaken against any student, employee, or individual who is a legitimate part of the campus community. Roommates are expected to treat each other with civility and respect, and if that is not occurring, a change of room assignment or eviction could occur. Students who feel aggrieved because of these behaviors should report their complaints promptly to a Housing staff member or UPD. See the Student Code of Conduct for more detailed definitions.
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