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 education program or activity receiving federal financial assistance."
You may view the entire Title IX of the Education Amendments here <https://www2.ed.gov/policy/rights/guid/ocr/sexoverview.html>.
Purpose of Title IX
Title IX is federally mandated and dictates specific processes and procedures for addressing sex discrimination, sexual harassment, and sexual assault at the university. The purpose of Title IX is to remedy and reduce the effects of sex-based discrimination, harassment, and assault and to restore community safety in educational settings.
This policy applies to all Johnson University students (including campus residents, commuters, and online) who are participating in, or attempting to participate in, the University’s education program or activity at the time of filing a formal complaint, and applies to locations and events where Johnson University exercises substantial control over the respondent and the context in which the sex-based discrimination occurred. These locations and events can include activities held off campus that were funded, promoted, or sponsored by the University. This policy is written and interpreted broadly to include online manifestations of sex-based discrimination, when those behaviors occur in or have an effect on the University’s education program and activities, or when they involve the use of university networks, technology, or equipment. This policy also applies to incidents that may occur in any building owned or controlled by a student organization that is officially recognized by the University.
It is unlawful to retaliate against anyone in any way, especially by intimidation or assault, for articulating a concern about sexual misconduct, sexual harassment, or sex discrimination.
The Title IX team values the privacy of everyone involved. Information related to a complaint will be shared with a limited number of university employees who “need to know” in order to assist in providing supportive measures or evaluating, investigating, or resolving the Complaint.
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Prohibited Conduct
Any of the following offenses can be charged as or combined as pattern offenses, in which case the Notice of Investigation and Allegation (NOIA) will clearly indicate that both individual incidents and a pattern of conduct are being investigated. A pattern may exist and be charged when there is a potential substantial similarity to incidents where the proof of one could make it more likely that the other(s) occurred, and vice-versa. Patterns may exist based on target selection, similarity of offense, or other factors. Where a pattern is found, it can be the basis to enhance sanctions accordingly.
Discrimination. The intentional differential treatment of a person or persons that is based on an individual’s actual or perceived protected characteristic and that exclude an individual from participation in, denies the individual benefits of, or otherwise adversely affects a term or condition of, an individual’s participation in a University program or activity.
Quid pro quo. Quid pro quo occurs when an employee, agent, or other person authorized by the University to provide an aid, benefit, or service under the University’s education program or activity, explicitly or impliedly conditions the provision of such aid, benefit, or service, on a person’s participation in unwelcome sexual conduct.
Unwelcome Sexual Conduct. Unwelcome sex-based conduct that, based on the totality of the circumstances, is so severe, pervasive, and objectively offensive that it limits or denies a person’s ability to participate in or benefit from the University’s education program or activity.
Examples of sex-based harassment include, but are not limited to: an act of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex-stereotyping, even if that act does not involve conduct of a sexual nature; unwelcome sexual advances; repeated sexually-oriented kidding, teasing, joking, or flirting; verbal abuse of a sexual nature; graphic commentary of a sexual nature; derogatory or demeaning comments about women in general, whether sexual or not; leering, whistling, touching, pinching, or brushing against another's body; offensive obscene language of a sexual nature; displaying objects or pictures which are sexual in nature that would create hostile or offensive environment; Sending someone unwelcome communication about sex or hateful comments based on sex; sending partners, friends, acquaintances, or strangers unwanted requests for nude photos or videos or to livestream sexual acts; or displaying or sharing pornography. Such conduct is coercive and threatening and creates an atmosphere that is not conducive to teaching, learning, and working.
Sexual Assault. Coerced or non-consensual sexual intercourse, sexual activity, or sexual conduct against the victim’s will or without consent, including instances where the victim is incapable of giving consent. Sexual assault includes rape, sodomy, sexual battery, sexual coercion, and sexual exploitation. Upon the victim’s request, a specially trained Student staff member will assist the victim in notifying local law enforcement of the incident, if the victim so chooses; guide the victim through the available options; and support the victim in his or her decisions related to the incident.
Stalking. Willfully, maliciously, and repeatedly following, harassing, or cyberstalking another person. For Clery purposes, stalking is defined as engaging in a course of conduct directed at a specific person that would cause a reasonable person to (a) fear for the person’s safety or the safety of others or (b) suffer substantial emotional distress. Dating/Domestic Violence. Dating Violence is violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Domestic Violence is any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member. For Clery purposes, domestic violence is defined as a felony or misdemeanor crime of violence committed (a) by a current or former spouse or intimate partner of the victim; (b) by a person with whom the victim shares a child in common; (c) by a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner; (d) by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred, or (e) by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred. Sexual Exploitation. Refers to situations where one person takes nonconsensual or abusive sexual advantage of another person for their own benefit or the benefit of anyone other than the person being exploited. Examples of sexual exploitation include recording or distributing images or audio of someone’s sexual activity or intimate body parts without consent; viewing someone’s private sexual activity or undressed state in a place where they would reasonably expect privacy; causing or attempting to cause the incapacitation of another person (through alcohol, drugs, or any other means) for the purpose of compromising that person’s ability to give consent to sexual activity, or for the purpose of making that person vulnerable to non-consensual sexual activity; and misappropriation of another person’s identity on apps, websites, or other venues designed for dating or sexual connections (e.g., spoofing). Even if a person consents to sexual activity, separate consent is required for photographing, recording, or distributing such material. Intimidation. Intimidation is the act or process (actual or implied) of attempting to force or deter an action by inducing fear or compelling or deterring a person by threats. Retaliation. Retaliation is an act of revenge. It is unlawful to retaliate against anyone in any way, especially by intimidation or assault, for articulating a concern about sexual misconduct, sexual harassment, or sex discrimination. The University prohibits retaliation against those who file a complaint or third-Party report or those who otherwise participate in the investigative and/or disciplinary process and will take strong responsive action if retaliation occurs. The range of sanctions for Retaliation is warning through expulsion/termination. Any other illegal sexual conduct that is not explicitly defined above.
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Related Definitions
Amnesty. Amnesty is a general pardon for a code of conduct violation. Because sexual misconduct is a more serious matter than other conduct violations, the University wants to encourage reporting and promote safety. The University’s amnesty provision includes the use of alcohol or drugs, engaging in consensual sexual activity, and curfew violations. Complainant. An individual who is alleged to be the victim of conduct that could constitute sex- based harassment, which includes students, employees, applicants for admission or employment, alumni participating in alumni events, and guests or visitors participating in school activities such as sporting events. Confidentiality /Confidential Employee. Confidentiality applies to those designated by the University as Exempt Employees for the purposes of reports under this Policy, regardless of legal or ethical protections. A confidential employee is an employee whose communications are privileged or confidential under Federal or State law, and whose confidential status applies only to information received while the employee is functioning within the scope of their duties to which privilege or confidentiality applies. To be exempt from disclosing reported offenses, pastoral or professional counselors must be acting in the role of pastoral or professional counselors. The University has the following exempt employees: 1) Professional counselors in the University Counseling Center under Dr. Maria Greco 2) the campus minister, Rachel Oblon 3) Christian Ministries professor, Dr. Brian Leslie. The Confidential Resource will provide the Complainant with the Title IX Coordinator’s contact information, assist the Complainant in reporting, if desired, and provide them with information on how the Title IX office can assist them. With respect to Confidential Employees, information may be disclosed when: (1) the reporting person gives written consent for its disclosure; (2) there is a concern that the person will likely cause serious physical harm to self or others; or (3) the information concerns conduct involving suspected abuse or neglect of a minor under the age of 18, elders, or persons with disabilities. Non-identifiable information may be shared by Confidential Employees for statistical tracking purposes as required by the Clery Act/Violence Against Women Act (VAWA). Other information may be shared as required by law. Consent. Consent is a voluntary agreement to engage in sexual activity. Someone who is incapacitated cannot consent. Incapacitation may occur due to the use of drugs or alcohol, when a person is asleep or unconscious, or because of an intellectual or other disability that prevents the person from having the capacity to give consent. Past consent does not imply future consent. Silence or an absence of resistance does not imply consent. Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another. Consent can be withdrawn at any time. Coercion, force, or threat of either invalidates consent. Privacy. Privacy means that information related to a complaint will be shared with a limited number of university employees who “need to know” in order to assist in providing supportive measures or evaluating, investigating, or resolving the Complaint. Responsible Employee/Mandatory Reporter. A responsible employee, or Mandatory Reporter, is defined as an employee who has the authority to take action to redress sex-based harassment, is given the duty of reporting sexual misconduct, or whom a student would reasonably believe has this authority. All Johnson University employees are Responsible Employees with the exception of designated confidential employees. Responsible employees include University administrators, faculty, staff, Student Services personnel (including Resident Assistants), athletic coaches, Human Resources personnel, and Campus Safety & Security personnel. Complainants may want to carefully consider whether they share personally identifiable details with Responsible Employees, as those details must be shared with the Title IX Coordinator. Respondent. An individual who has been reported to be the perpetrator of conduct that could constitute sex-based harassment, including students, employees, applicants for admission, and applicants for employment. Supportive Measures. The goal of supportive measures is to restore or preserve the right to equal access to education without unreasonably burdening the Respondent or any other person. Supportive measures protect the safety of all parties and deter sexual harassment. However, supportive measures may not affect the Respondent’s presumption of innocence throughout the investigation and grievance process. Such measures will be available to both parties without fee or charge, and they will be nondisciplinary, nonpunitive individualized services. Supportive measures may include moving a Complainant or Respondent’s seat in a class, modified work schedules, revised class schedules, mutual restrictions on contact between the parties, campus escorts, counseling, deadline extensions, course-related adjustments (such as the opportunity to retake classes or exams), alternative housing arrangements, leaves of absence, and increased security. Supportive measures provided by the University will be kept confidential to the extent that confidentiality does not impair the University’s ability to provide the supportive measures. The Title IX Coordinator is responsible for implementing the supportive measures.
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