What is Title IX?
Title IX of the Education Amendments of 1972, as amended, prohibits discrimination on the basis of sex in any federally funded education program or activity. Sexual harassment is a form of sex discrimination prohibited under Title IX. Sexual harassment may be verbal, non-verbal or physical in nature, such as persistent unwanted sexual advances or requests for sexual favors. Sexual harassment also includes acts of sexual violence.
What is sexual violence?
The Office for Civil Rights (OCR) of the U. S. Department of Education (DOE) defines sexual violence as "sexual acts perpetrated against a person's will or where a person is incapable of giving consent due to the victim's use of drugs or alcohol. An individual also may be unable to give consent due to an intellectual or other disability. A number of different acts fall into the category of sexual violence, including rape, sexual assault, sexual battery, and sexual coercion. All such acts of sexual violence are forms of sexual harassment covered under Title IX."
For a thorough explanation of sexual violence as sex discrimination, please read OCR's complete "Dear Colleague Letter" at http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201104.html.
Is Title IX only about athletics?
Because the first Title IX cases were largely related to National Collegiate Athletic Association (NCAA) programs, a misconception exists that Title IX applies only to athletics in a college or university setting, if that institution receives federal funding. However, Title IX applies to all programs including, but not limited to academics, admissions, athletics, educational opportunities, employment, financial aid and housing, as well as all activities offered by the university.
As an institution receiving federal funding, Appalachian State University's obligations under Title IX include:
- Designate a Title IX Coordinator – The university must designate at least one employee to coordinate Title IX compliance efforts and responsibilities, including investigations into allegations of discrimination prohibited by Title IX.
- Appalachian's Title IX Coordinator is Linda M. Foulsham, director, Office of Equity, Diversity and Compliance
- Adopt Complaint Procedures – The university must adopt and publish complaint procedures providing for prompt and equitable resolution of student and employee complaints alleging discrimination based on sex.
- Appalachian's procedures for filing a complaint of harassment based on sex may be found at http://edc.appstate.edu/harassment-and-discrimination/reporting-concern
- Disseminate Non-Discrimination Policy – The university must take specific and ongoing steps to notify applicants, students, and employees that the university does not discriminate on the basis of sex in the educational programs or activities that it operates.
- Appalachian's ongoing, campus-wide initiative to educate all members of the university community about Title IX includes an annual campaign of email and web announcements, newsletters, newspaper advertisements, and printed posters and fliers. The following statement appears on print and electronic documents that represent Appalachian State University to the public: Appalachian State University is committed to providing equal opportunity in education and employment to all applicants, students, and employees. The university does not discriminate in access to its educational programs and activities, or with respect to hiring or the terms and conditions of employment, on the basis of race, color, national origin, religion, creed, sex, gender identity and expression, political affiliation, age, disability, veteran status, or sexual orientation. The university actively promotes diversity among students and employees.
- Self-Evaluation – The university must evaluate current policies and practices and its efforts concerning admission of students, treatment of students, and employment of both academic and non-academic personnel working with the university's education program and activities to ensure that they meet the requirements of Title IX.
- Appalachian State University's policies and procedures are reviewed and revised on a regular basis to ensure compliance with state and federal law.
For more information or to file a complaint of sex discrimination, including sexual harassment or sexual violence, please contact:
Title IX Coordinator
Director, Office of Equity, Diversity and Compliance
123 IG Greer Hall
Boone, NC 28608
For more information about Title IX go to http://www.dol.gov/oasam/regs/statutes/titleix.htm.
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