Title IX FAQs
An overview of Title IX of the Education Amendments of 1972 is provided by the Department of Justice:
On June 23, 1972, the President signed Title IX of the Education Amendments of 1972, 20 U.S.C. §1681 et seq., into law. Title IX is a comprehensive federal law that prohibits discrimination on the basis of sex in any federally funded education program or activity. The principal objective of Title IX is to avoid the use of federal money to support sex discrimination in education programs and to provide individual citizens effective protection against those practices. Title IX applies, with a few specific exceptions, to all aspects of federally funded education programs or activities. In addition to traditional educational institutions such as colleges, universities, and elementary and secondary schools, Title IX also applies to any education or training program operated by a recipient of federal financial assistance. The Department of Education has issued regulations on the requirements of Title IX, 34 C.F.R. § 106.1et seq. The Title IX common rule published on August 30, 2000 covers education program providers/recipients that are funded by other federal agencies.
Gender discrimination and sexual harassment are prohibited by Title VII of the Civil Rights Act of 1964 as amended and Title IX of the Educational Amendments of 1972. The law prohibits discrimination on the basis of sex, in any federally funded education program or activity. It is unlawful for an institution that receives federal funds to discriminate on the basis of sex against students, faculty and staff.
Gender discrimination is unequal or disadvantageous treatment of a group or an individual based on gender. Sexual harassment is a form of gender discrimination.
Sexual harassment is unwelcome sexual advances, sexual assaults, or requests for sexual favors, and other verbal or physical conduct of a sexual nature.
Examples:
Verbal: sexual innuendo, suggestive comments, insults, threats, jokes or derogatory comments based on gender, sexual propositions or advances, pressure for sexual favors.
Nonverbal: posting of sexually suggestive or derogatory pictures, cartoons or drawings, making suggestive or insulting noises, leering, whistling, or making obscene gestures.
Physical: touching, pinching, squeezing, patting, brushing against body; impeding or blocking normal work or movement; coercing sexual intercourse; stalking or assault.
Sexual violence refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent (due to age, use of drugs or alcohol, or because of an intellectual or other disability). Sexual violence includes rape, sexual assault, sexual battery, sexual abuse, and sexual coercion.
Sexual intimidation, includes, but is not limited to threatening to sexually assault another person, stalking, cyber-stalking and engaging in indecent exposure.
Relationship violence includes threats or a pattern of abusive behavior of a physical or sexual nature by one partner intended to control, intimidate, manipulate, humiliate, frighten, coerce or injure the other.
Mutual consent must occur before initiating any type of sexual contact, and no act of sexual engagement should be initiated without a considered decision to consent by the individuals involved. Consensual sexual activity happens when each partner willingly chooses to participate and indicates "Yes, I want to engage in sexual activity". Verbally and openly communicating about expectations and desires is critical to obtaining consent. Consent can only be given by a person who has control of his or her mental and physical capabilities. Sex without consent is sexual assault. Use of force, intimidations, or coercion is a denial of a person's right to freely give his/her consent. Even if someone has agreed to engage sexually, that person has the right to withdraw his/her consent at any time. Saying “no” at any time before or during sexual engagement indicates the absence of consent and by law initiates the requirement to end sexual contact.
Yes. You have the right to an Advisor of your choice, which can include an attorney.
It depends. If you are a minor, members of the Title IX team have certain mandatory reporting obligations, which may include notifying your parents/guardians of the incident.
If you are not a minor, this incident is a part of your education record, which is protected under the Family Educational Rights and Privacy Act (FERPA). This means that your education record cannot be shared with anyone with whom you have not given Western Iowa Tech permission to share.
Not completely. Your information will be kept private, but it will be shared on a limited basis with those who need to know so they can properly support you. If you choose to file a formal complaint, information will be shared with the investigator(s), parties, advisors, hearing decision maker(s) and any WIT officials who need to know in order to address conduct or practices that are in violation of policy, or when required to do so by state or federal laws.
No. You have options. If you are a Complainant and wish to resolve informally, you must first make a formal complaint. Upon receipt of this formal complaint, the Title IX Coordinator will provide you with additional information. Any party who wishes to resolve the matter informally should contact the Title IX Coordinator. All parties must agree, in writing, to informally resolve for this to be an option.
There is no statute of limitations on when a complaint can be filed however there are certain jurisdictional requirements that must be met to pursue a formal grievance process under Title IX.
The College maintains a policy of offering parties and witnesses amnesty from minor policy violations such as underage consumption of alcohol or the use of illicit drugs related to the incident.
Respondents are expected to comply with the assigned sanctions, responsive actions, and/or corrective actions within the timeframe specified by the final Decision-maker(s). Failure to abide by the sanction(s)/action(s) imposed by the date specified, whether by refusal, neglect, or any other reason, may result in additional sanction(s)/action(s), including suspension, expulsion, and/or termination.
If a Respondent permanently withdraws or resigns, the resolution process ends with a dismissal, as the College no longer has disciplinary jurisdiction over the withdrawn student or former employee. However, the College will continue to address and remedy any systemic issues or concerns that may have contributed to the alleged violation(s), and any ongoing effects of the alleged harassment, discrimination, and/or retaliation.
Western Iowa Tech’s action(s) or processes are not typically altered or precluded on the grounds that civil or criminal charges involving the underlying incident(s) have been filed or that criminal charges have been dismissed or reduced. The College may undertake a short delay in its investigation if circumstances require. Communication will be sent to the parties explaining the reason(s) for the delay and the anticipated duration of the delay.
No, you have the right to refuse cross-examination. Your previous statements will be considered from evidence and your refusal will not affect the Decision Maker’s view of the honesty or accuracy of your information. Your willingness to answer questions during the hearing can be helpful though and you may be able to clarify points that are not clear.
