What is Title IX?

Title IX of the Education Amendments of 1972 prohibits any person in the United States from being discriminated against on the basis of sex in seeking access to any educational program or activity receiving federal financial assistance. The U.S. Department of Education, which enforces Title IX, has long defined the meaning of Title IX’s prohibition on sex discrimination broadly to include various forms of sexual harassment and sexual violence that interfere with a student’s ability to equally access educational programs, activities and opportunities.

On May 19, 2020, the U.S. Department of Education issued a Final Rule under Title IX of the Education Amendments of 1972 that:

Defines the meaning of “sexual harassment” (including forms of sex-based violence) that are reflected in the definitions of Regulatory Quid Pro Quo, Regulatory Hostile Environment Sexual Harassment, Regulatory Dating Violence, Regulatory Domestic Violence, Regulatory Sexual Assault and Regulatory Stalking included as Regulatory Prohibited Conduct under the Shippensburg University Sexual Misconduct Policy found here at link: https://www.ship.edu/globalassets/administration-finance/policies/701-002-sexual-misconduct-policy.pdf

The University prohibits all Sexual Misconduct Violations, as defined in the Sexual Misconduct Resolution Policy. This prohibited conduct can affect all genders, gender identities and sexual orientations. Some of these prohibited forms of conduct may also be crimes under Pennsylvania or federal law.

The University will promptly and equitably respond to all reports of sexual misconduct in order to eliminate the misconduct, prevent its recurrence, and redress its effects on any individual or the community.

Title IX Training for the Campus Community

Section 106.45(b) of the 2020 Final Title IX Rules require the sharing of “[a]ll materials used to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process. A recipient must make these training materials publicly available on its website, or if the recipient does not maintain a website the recipient must make these materials available upon request for inspection by members of the public.” Shippensburg University is a member institution of the State University of New York (SUNY) Student Conduct Institute which has made available the following materials used to train all Student Conduct Board members and Title IX decision makers at link here: https://system.suny.edu/sci/postedtraining/

Mandatory Syllabus Language for Title IX

Why is the following language required by the Pennsylvania State System of Higher Education (PASSHE)? The Title IX mandatory “syllabus language” alerts all faculty and students the sexual misconduct reporting requirements. All PASSHE employees must comply with PASSHE directives to avail themselves of contractual indemnity provisions; therefore, faculty please insert the following language in ALL syllabi.

“Shippensburg University and its faculty are committed to assuring a safe and productive educational environment for all students. In order to comply with the requirements of Title IX of the Education Amendments of 1972 and the University’s commitment to offering supportive measures in accordance with the 2020 regulations issued under Title IX, the University requires faculty members to report incidents of sexual violence shared by students to the University's Title IX Coordinator at title9@ship.edu or by calling 717-477-1323.

The only exceptions to the faculty member's reporting obligation are when incidents of sexual violence are communicated by a student during: 1. a classroom discussion; 2. in a writing assignment for a class; 3. or as part of a University-approved research project. Faculty members are obligated to report sexual violence or any other abuse of a student who was, or is, a child (a person under 18 years of age) when the abuse allegedly occurred to the person designated in the University protection of minors policy found at https://www.ship.edu/globalassets/administration-finance/policies/101-003-protection-of-minors-policy.pdf

Information regarding the reporting of sexual violence and the resources that are available to victims of sexual violence are set forth at: https://www.ship.edu/globalassets/administration-finance/policies/701-002-sexual-misconduct-policy.pdf and https://www.ship.edu/life/resources/PAGE/links_and_resources/”

Statements of Compliance

The Office of Human Resources, Located in Old Main 109, coordinates the university's compliance with laws and regulations relating to equal opportunity, sexual harassment, and ADA accommodation. Statements of Compliance can be found here at link: https://www.ship.edu/about/statements_of_compliance/

Title IX Definitions

People Involved

Complainant: The person who is alleging, in good faith and in compliance with University policies, the occurrence of sexual misconduct.

Respondent: The person whose actions are alleged to have violated the sexual misconduct policy.

Advisors: Both the Complainant and Respondent party may be accompanied to any related meeting or proceeding covered by this policy by an advisor. An advisor may be a Shippensburg University employee or student, legal counsel, parent/guardian, or an advisor of record for an organization. The advisor may provide consultation only to the party they are advising. The advisor may not speak for or on behalf of the Complainant or Respondent party in a meeting or proceeding. Note: If either party has an attorney, the University has the right to have its General Counsel present in dealing with matters involving an outside attorney.

Confidential Resources: University employees and off-campus organizations who are not required to report any information regarding an incident of sexual misconduct to the Title IX Coordinator. For a comprehensive list of on-campus and off-campus confidential resources, go online, to this website: https://www.ship.edu/EIC/resources/.

Mandatory Reporters/Responsible Employees: All other University employees that are not identified as confidential resources.

Student: Persons registered for courses, who have matriculated, either full time or part time, pursuing undergraduate, graduate, or professional studies, as well as non-degree seeking students; enrolled in programs; those attending orientation sessions; between academic terms; taking online classes; auditing classes; residing in residence halls; those that were enrolled at the university on the date of an alleged incident.

Title IX Coordinator: The Title IX Coordinator oversees the University’s response to Title IX reports and complaints, identifies and addresses any systemic problems, and takes any necessary steps to ensure the safety of the Shippensburg University community.

Title IX Investigator: A trained individual designated by the Offices of Student Affairs/Human Resources, who supports the Title IX Coordinator. The investigator will conduct a prompt and thorough investigation and acts as a neutral party throughout the investigative process. The investigator will speak with the complainant, the respondent, and any individual(s) who may have knowledge related to the alleged misconduct. The investigator will also review related evidence such as text messages, phone records, emails, photographs, videos but not limited to these items. The investigator will provide the Title IX Coordinator with a detailed, unbiased report regarding the findings of the investigation.

Witnesses: Any person who has been identified by the reporting and/or responding party, or the Title IX Coordinator as having relevant first-person information concerning the alleged prohibited conduct.

General Definitions

Affirmative Consent: Affirmative Consent means words or actions that demonstrate an informed, voluntary, and active decision to engage in a mutually agreed-upon sex act. Affirmative consent cannot be obtained by (a) force, (b) coercion, or (c) incapacitation.

(a) Force includes: (i) the use of physical violence, (ii) threats, and (iii) intimidation.

Physical violence means that a person is exerting control over another person through the use of physical force. Examples of physical violence include, but are not limited to, hitting, punching, slapping, kicking, restraining, choking, and brandishing or using any weapon.
Threats are words or actions that would compel a reasonable person to engage in unwanted sexual activity. Examples include, but are not limited to, threats to harm a person physically, to reveal private information to harm a person’s reputation, or to cause a person academic or economic harm.
Intimidation is an implied threat that menaces or causes reasonable fear in another person. A person’s size, alone, does not constitute intimidation; however, a person’s size may be used in a way that constitutes intimidation (e.g., blocking access to an exit).

(b) Coercion is the use of an unreasonable amount of pressure to gain sexual access. Coercion is more than an effort to persuade, entice, or attract another person to have sex. When a person makes clear a decision not to participate in a particular form of Sexual Contact or Sexual Intercourse, a decision to stop, or a decision not to go beyond a certain sexual interaction, continued pressure can be coercive.

(c) Incapacitation means that a person lacks the ability to make informed, rational judgments about whether or not to engage in sexual activity. Affirmative Consent cannot be gained by taking advantage of the incapacitation of another, where the person where the person initiating sexual activity knew or reasonably should have known that the other was incapacitated. A person who is incapacitated is unable, temporarily or permanently, to give affirmative consent because of mental or physical helplessness, sleep, unconsciousness, or lack of awareness that sexual activity is taking place. A person may be incapacitated as a result of the consumption of alcohol or other drugs (legal or illegal) or due to a temporary or permanent physical or mental health condition.

Preponderance of Evidence: The standard of proof utilized by in a Title IX University Board hearing. Preponderance of evidence means that the statements and information presented in the matter indicate to a reasonable person that is is more likely than not that the responding party committed a violation.

Sanction: The penalty levied against persons or groups found “In Violation” for violating provisions of the student code of conduct.

Stipulation: A condition, beyond the sanction, required of persons or groups found “In Violation” for violating provisions of the student code of conduct.