Title IX Misconduct Policy
What is Title IX?
On April 4, 2011, the US Department of Education and the Office of Civil Rights forwarded information to campuses addressing how universities are required to comply with Title IX regulations. Specifically, recipients of Federal Financial Assistance must comply with procedural requirements outlined in Title IX implementing regulations. Specifically, a recipient must:
1. Disseminate a notice for nondiscrimination;
2. Designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under Title IX;
3. Adopt and publish grievance procedures for prompt and equitable resolution of student and employee sex discrimination complaints.
These requirements apply to all forms of sexual misconduct including, but not limited to sexual harassment and sexual violence, and are important for preventing and effectively responding to sex discrimination.
"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..."
20 U.S.C. 1681
UNIVERSITY TITLE IX COORDINATOR
In accordance with Title IX regulations, the University has designated Ann James as the University's Title IX Coordinator. She is charged with monitoring compliance with these regulations. Questions regarding Title IX, as well as concerns and complaints of non-compliance, may be directed to her. She is responsible for receiving student complaints of sexual harassment, including sexual assault, sexual violence or other sexual misconduct, against other University students.
Ann James, Associate Dean of Students & Title IX Coordinator
Office of the Dean of Students
Student Union, room 301
Highland Heights, KY 41076
WHO IS COVERED BY TITLE IX?
Educational institutions that receive federal financial assistance are covered by Title IX. If only one of the institution's programs or activities receives federal funding, all of the programs within the institution must comply with Title IX regulations. In compliance with Title IX, Northern Kentucky University prohibits discrimination in employment as well as in all programs and activities on the basis of sex.
COMPLAINTS UNDER TITLE IX AT NORTHERN KENTUCKY UNIVERSITY
If you are a student who believes you have been subjected to (1) sexual harassment by University faculty or staff; or (2) any other form of gender discrimination under Title IX, you may report such misconduct or file a formal complaint with the Title IX Coordinator in the Office of the Dean of Students. Complaints must be submitted in writing.
If you are a student who believes you have been or are the victim of sexual harassment, including sexual assault, sexual violence or other sexual misconduct, by another University student, you may report such conduct or file a complaint under Title IX with the Title IX Coordinator. Complaints of student sexual misconduct are addressed by the Code of Student Rights and Responsibilities.
Federal and state laws prohibit the taking of retaliatory measures against any individual who files a complaint in good faith.
Please contact the Office of Human Resources directly at 859-572-5200.
MYTHS ABOUT TITLE IX
MYTH: Title IX only applies to athletic programs.
This is perhaps the most widely held misconception about Title IX. Athletics are not the only component of academic life governed by Title IX. Other areas which fall within the scope of Title IX include:
- Recruitment, Admissions, Financial Aid and Scholarships
- Course Offerings and Access
- Hiring and Retention of Employees
- Benefits and Leave
Title IX also prohibits sexual harassment, which includes sexual assault and sexual violence.
MYTH: Title IX requires that male athletic opportunities be decreased to provide opportunities for female programs.
Title IX is designed to create parity in athletics, as well as other educational opportunities and experiences for men and women. Title IX does not require schools to cut men's athletic programs. Each school determines how it will comply with Title IX regulations.
MYTH: Title IX applies only to discrimination against women.
While Title IX has been used mostly by women seeking to protect their rights, Title IX also serves to protect the rights of men. Title IX requires that males and females receive fair and equal treatment in all areas of education.
MYTH: According to Title IX, all educational activities and programs must be co-ed and open to both men and women.
Title IX specifically allows for, or has been interpreted to allow for, single-sex programs in a number of categories. Included among those are: religious schools, traditional men's/women's colleges, social fraternities/sororities, youth service organizations such as, The Boy/Girl Scouts of America, and beauty pageants.
MYTH: Gender bias in science, medicine, and engineering is not prohibited by Title IX.
The under-representation of women in science, medicine, and engineering may violate Title IX. Educational institutions are required to provide women in these disciplines resources, support, and promotional opportunities comparable to their male colleagues.
MYTH: Advocates for victims of Title IX who file complaints of discrimination for others are not protected from retaliation under Title IX.
The U.S. Supreme Court has broadened the interpretation of Title IX to protect from retaliation whistle-blowers who accuse educational institutions of sex discrimination. The court is of the opinion that reporting incidents of discrimination is integral to Title IX enforcement and would be discouraged if retaliation against those who report it goes unpunished.
FAILURE TO COMPLY WITH TITLE IX
The penalty for failure to comply with Title IX in the most extreme circumstances can include the termination of all or part of an institution's federal funding. This includes grants, subsidies, and other program funds from the federal government. In addition to the loss of federal funds, universities may be sued by those seeking redress for violations of Title IX. It is essential that institutions receiving federal financial assistances operate in a nondiscriminatory manner. To ensure the University's compliance with the law, adherence to Title IX regulations is everyone's responsibility.
WHO ENFORCES TITLE IX?
The United States Department of Education's Office for Civil Rights (OCR) is in charge of enforcing Title IX. Information regarding OCR can be found at the Office for Civil Rights website.