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”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.”
--Legal Citation: Title IX of the Education Amendments of 1972, and its implementing regulation at 34 C.F.R. Part 106 (Title IX)
Title IX of Education Amendments was passed by the U.S. Congress in June 1972, and signed into law on July 1, 1972. It is a federal civil rights law that prohibits sex discrimination in education programs and activities such as:
•Housing and facilities
•Courses and other educational activities
•Career guidance and counseling activities
•Health and insurance benefits
•Scholastic, intercollegiate, club, or intramural athletics
Military schools, religious schools, fraternities, and sororities are generally exempt from provisions of Title IX.
Title IX Reporting: WHO IS A “RESPONSIBLE EMPLOYEE”
The Department of Education’s Office of Civil Rights (OCR), which puts forth guidance for institutions in meeting Title IX obligations, states that any “Responsible Employee” that knows or should know about possible sexual harassment or sexual violence must report it to the University Title IX Coordinator or other school designee (Deputy Title IX Coordinators), so that necessary and appropriate actions can be taken to respond appropriately. Responsible Employees include any employee who has the authority to take action to redress sexual violence; who has been given the duty of reporting incidents of sexual violence or any other misconduct by students to the Title IX Coordinator or other appropriate University designee; or whom a student could reasonably believe has this authority or duty. At ISU, Responsible Employees include, but are not limited to:
- All instructors, including full-time professors, adjuncts, lecturers, Adjunct Instructors, and any others who offer classroom instruction or office hours to students;
- All advisors;
- All coaches, trainers, and other athletic staff that interact directly with students;
- All student affairs administrators;
- All residential hall staff;
- Employees who work in offices that interface with students; and
- All supervisors and university officials.
Confidential Employees (those specifically identified on campus as mental health counselors, those working in campus health care centers, and victim advocates) do not have an obligation to report information known to them, and students may speak to them with anonymity if desired. Confidential Employees may not share personally identifying information with university officials without an individual’s consent.
Clery Reporting: WHO IS A "CAMPUS SECURITY AUTHORITY (CSA)"
“Campus Security Authority” (“CSA”) is a Clery Act-specific term that encompasses four groups of individuals and organizations associated with an institution.
- A campus police department or a campus security department of an institution.
- Any individual or individuals who have responsibility for campus security but who do not constitute a campus police department or a campus security department.
- Any individual or organization specified in an institution’s statement of campus security policy as an individual or organization to which students and employees should report criminal offenses.
- An official of an institution who has significant responsibility for student and campus activities, including, but not limited to, student housing, student discipline and campus judicial proceedings. An official is defined as any person who has the authority and the duty to take action or respond to particular issues on behalf of the institution.
The function of a Campus Security Authority is to collect crime information relating to those allegations of Clery Act crimes disclosed to him or her that he or she concludes were made in good faith and then to immediately report that information to ISU Police. A Campus Security Authority is not responsible for determining authoritatively whether a crime took place—that is the function of ISU Police.
Not Alone is the website created by White House’s Task Force. It includes all the relevant Department of Education guidance documents to help you comply with the law.
Whitehouse Video on the 40th Anniversary of Title IX: Title IX at 40
Report Rape and Sexual Assault: A Renewed Call to Action (PDF), released by the Whitehouse
Each school must designate at least one employee to evaluate current policy practices to ensure an institutions's compliance with Title IX, coordinate efforts to effectively and efficiently respond to complaints of sex discrimination, including complaints of sexual harassment, and ensure as much as possible that every ISU student and employee has an equal education and employment opportunity.
Watch Video: It's On Us: National Campaign
Watch Video: It's On Us: Sexual Assault
Watch Video: Know Your IX
Title IX Coordinator: Margo Foreman, Equal Opportunity Director, 515-294-7612, email@example.com
Deputy Title IX Coordinators Click here for Contact Information
Sexual intimacy requires that all participants consent to the activity. Consent between two or more people is defined as an affirmative agreement--through clear actions or words--to engage in sexual activity. The person giving the consent must act freely, voluntarily, and with an understanding of his or her actions when giving the consent. Lack of protest or resistance does not constitute consent, nor does silence mean consent has been given. Relying solely on non-verbal communication can lead to misunderstanding. Persons who want to engage in the sexual activity are responsible for obtaining consent--it should never be assumed. A prior relationship or prior sexual activity is not sufficient to demonstrate consent.
Consent must be present throughout the sexual activity--at any time, a participant can communicate that he or she no longer consents to continuing the activity. If there is confusion as to whether anyone has consented or continues to consent to sexual activity, it is essential that the participants stop the activity until the confusion can be clearly resolved.
In addition, under Iowa law the following people are unable to give consent:
- Persons who are asleep or unconscious
- Persons who are incapacitated due to the influence of drugs, alcohol, or medication
- Persons who are unable to communicate consent due to a mental or physical condition
- Generally, minors under the age of 16
Sexual Misconduct, Sexual Assault and Sexual Harassment Involving Student Policy
Watch Video: Consent
Watch Video: Tea Consent Video
10 Things to Prevent Gender Violence
The poster was produced by MVP Strategies, a gender violence prevention education and training organization.
Watch Video: Violence against women—it's a men's issue
Information and Resources for Pregnant and Parenting Students
Title IX provides for equal educational opportunities for pregnant and parenting students. It prohibits educational institutions from discriminating against pregnant students based upon their marital status and cannot discriminate against a student because of childbirth, false pregnancy, or recovery from related conditions.
A pregnant student should be granted a leave of absence for as long as it is deemed medically necessary for her to be absent, at the conclusion of her leave, she must be allowed to resume the status she held when the leave began.
For further guidance, see "Supporting the Academic Success of Pregnant and Parenting Students" brochure. Although this pamphlet focuses on secondary schools, the legal principles apply to all recipients of federal financial assistance, including postsecondary institutions.
If you have any questions regarding your rights as a pregnant or parenting student, please contact the Title IX Officer.
Policies, Laws & Resources
The ACHA’s National College Health Assessment is a bi-annual survey that asks students about issues related to physical and mental health, including questions about substance use and sexual violence. It’s a valuable resource for social norming exercise and/or for benchmarking your campus against national numbers.
According to the guide’s preface, it “is a general introduction to the problems that result from sexual assault and interpersonal violence and how they are affecting college students and student-athletes. It is meant to assist intercollegiate athletics administrators and those who provide educational programming for student-athletes in developing their own approaches to preventing or reducing the incidents of sexual assault and other acts of interpersonal violence on their campuses.
Iowa State University does not discriminate on the basis of race, color, age, religion, national origin, sexual orientation, gender identity, genetic information, sex, marital status, disability, or status as a U.S. veteran.
This policy sets forth the resources available to students, describes prohibited conduct, and establishes procedures for responding to sexual misconduct incidents that include sexual assault, sexual harassment and other unwelcome behaviors.
In April 2011, the Office of Civil Rights issued a "Dear Colleague Letter" reminding educational institutions to address incidents of sexual violence not only as crimes, but as violations of Title IX.
In October 2010, the Office of Civil Rights issued a "Dear Colleague Letter" reminding educational institutions that acts of bullying may violate civil rights laws, such as Title IX, in cases in which the conduct is targeted toward an individual because of one's sex.
The United States Department of Education’s Office for Civil Rights (OCR) is the enforcement agency for Title IX. The OCR publishes information on Title IX on its website.
Sexual harassment of students is illegal. A federal law, Title IX of the Education Amendments of 1972 (Title IX), prohibits discrimination on the basis of sex, including sexual harassment, in education programs and activities.
The revised guidance reaffirms the compliance standards that OCR applies in investigations and administrative enforcement of Title IX of the Education Amendments of 1972 (Title IX) regarding sexual harassment.