Title IX and Victim Resource 2020-21 | Page 2

WHAT IS TITLE IX? “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 educational program or activity receiving federal financial assistance.” (20 U.S. Code §1621) Many of us know Title IX as the law that made school sports more equitable for girls and women. Yet, there’s also a lot more to it. Title IX also applies to incidents of Sexual Misconduct. This type of behavior has no place on our campus. And it’s something we take very seriously as we work to keep you safe and to respond effectively and immediately when you’re in trouble. TITLE IX - FINAL RULE 2020 On May 19, 2020, the U.S. Department of Education issued a Final Rule under Title IX that: Defines the meaning of sexual harassment, sexual assault, dating violence, domestic violence, and stalking (collectively referred to in this procedure as “Sexual Misconduct”); addresses how the College must respond to reports of Sexual Misconduct; and mandates a grievance process that the College must follow before issuing a disciplinary sanction against a person accused of Sexual Misconduct. Under the Final Rule, the College must narrow both the geographic scope of its authority to act under Title IX and the types of conduct that it must subject to its Title IX investigation and adjudication process. Only incidents falling within the Final Rule’s definitions will be investigated and, if appropriate, brought to a live hearing through the grievance process outlined below. However, the College remains committed to addressing any violations of its community standards, including those not meeting the strict definitions of the Final Rule, through enforcement of its Student Code of Conduct and/or other applicable policies, procedures, handbooks, rules, or regulations. The Final Rule Applies to formal complaints of Sexual Misconduct brought on or after August 14, 2020. SCOPE AND JURISDICTION The College’s prohibition against Sexual Misconduct applies to conduct occurring in an education program or activity of the College by a student, staff or faculty member, or affiliate doing business with or providing services to the College, regardless of the sex, sexual orientation, gender, or gender identity of any party. In addition, the College’s prohibition against Sexual Misconduct applies not only to physical contact, but also to oral, written, and electronic and other technology-assisted communications, to include communication via telephone, voicemail, e-mail, text message, social media, chat/forum/messaging (or similar concept), video call/messaging/conferencing (or similar concept), learning management system and other learning software, gaming program, and other technology-assisted tools and platforms. The College’s prohibition against Sexual Misconduct applies whether or not the incident(s) occurs on College property and whether or not the incident(s) occurs during educational or working hours. 2