Title IX is a federal civil rights law that prohibits all sex or gender discriminationNo 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 educational program or activity receiving federal financial assistance.”
~~Title IX of the Education Amendments of 1972
Implementing Regulations at 20 U.S.C. § 1681 & 34 C.F.R. Part 106
WHAT IS TITLE IX?
Title IX is a federal civil rights law that prohibits all sex or gender discrimination on educational campuses that receive federal financial assistance. Title IX protects individuals of all genders and sexual orientations and applies to students, faculty, staff, independent contractors, campus visitors, and other participants in University educational programs and activities. All forms of sexual or gender-based harassment, including but not limited to dating and domestic violence, stalking, and sexual assault are violations of Title IX.
WHAT SHOULD I REPORT?
Any questions, concerns, reports, or complaints related to any form of unwelcome sexual conduct should be directed to ETSU's Title IX Coordinator. The Title IX Coordinator is available to provide guidance to anyone in the ETSU community regarding your rights and responsibilities under Title IX and related University Policies and Procedures. You may submit a report for yourself or on behalf of someone else. The Title IX Coordinator will not initiate an investigation without first discussing all options with the person who has been subjected to unwelcome sexual conduct.
Sexual Harassment/Sexual Violence
Sexual harassment is unwelcome conduct of a sexual nature. It includes unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature. Sexual violence is also a form of sexual harassment and is prohibited by University policy and the Title IX Emergency Rule
All incidents of unwelcome sexual conduct should be reported to the Title IX Coordinator.
HOW SHOULD I REPORT?
Report Online to the Title IX Coordinator
Report Discrimination, Harassment, and/or Retaliation
Use the secure online reporting portal to let the Title IX Coordinator know about your concern.
Email the Title IX Coordinatortitleix@etsu.edu
Email the Title IX Coordinator about your concern.
Call the Title IX Coordinator423-439-8544
Call the Title IX Coordinator to discuss your concern.
WHO IS REQUIRED TO REPORT SEXUAL MISCONDUCT?
ETSU encourages reporting of any incidents of sexual misconduct. Under Title IX and the Clery Act, there are a variety of different reporting obligations that may be required of ETSU employees. Some obligations apply to all employees and others depend on your position within the university. You may be designated as a Title IX "official with authority" or you may be designated by the university as a mandatory reporter based on your position on campus. You may also be designated a Campus Security Authority (CSA) depending on your official responsibilities. If your position on campus is one that students, co-workers or visitors see as a trusted representative of the university, ETSU requires you to report incidents of sexual misconduct. As an ETSU mandatory reporter, you have an important duty to ensure victims of sexual harassment and sexual violence are properly connected to resources and reporting options. More information on reporting requirements can be found in the University Policy on Sexual Misconduct.
Campus Security Authorities (CSA)
A Campus Security Authority (CSA) is an individual, who by virtue of their University responsibilities and under the Clery Act, is designated to receive and report criminal incidents to the Department of Public Safety so that they may be included and published in the University’s Annual Security Report. CSAs include Public Safety employees but also other University employees who have responsibility for campus security. CSAs undergo training on reporting crimes, victim relations and support, and related school policies. ETSU employees who have been identified as CSAs have been notified of their status. CSAs are also mandatory reporters and should promptly notify the Title IX Coordinator of incidents of sexual misconduct/sexual violence. CSA's cannot submit anonymous reports.
Officials with Authority (OWA)
Under Title IX regulations, “[N]otice to the recipient’s Title IX Coordinator or to ‘any official of the recipient who has authority to institute corrective measures on behalf of the recipient’ (referred to herein as “officials with authority”) conveys actual knowledge to the recipient and triggers the recipient’s response obligations.” An Official with Authority (OWA) means an ETSU employee explicitly vested with the responsibility to implement corrective measures on behalf of the university for sex-based discrimination, harassment, violence, and/or retaliatory conduct involving students, faculty, staff, or third parties. ETSU OWA's have been notified of their status and responsibilities. OWA's cannot submit anonymous reports.
ETSU requires all employees to promptly report incidents of sexual harassment/sexual violence involving students or other employees to either the Title IX Coordinator or an official with authority. Mandatory reports cannot be submitted anonymously. All ETSU employees without exception are obligated to report any witnessed sexual assault of a student, and any actual or threatened abuse of a child or a child in danger.
WHAT ARE MY RIGHTS AND OBLIGATIONS IN THE PROCESS?
If you file a report or make a formal complaint, or think you may do so in the future, you are encouraged to preserve evidence of the incident. Evidence may include text messages, emails, social media posts, or other communications, and photographs. Personal notes and calendars may also be helpful. If you have been sexually assaulted, you may need the services of a forensic nurse examiner even if you do not report the incident right away. You are encouraged to seek medical advice and file a report even if you did not preserve evidence.
Whether you choose to file a formal complaint or not, the University can provide support and protective measures to assist you. Options may include, but are not limited to, no contact directives, academic or work modifications, and adjustments to living spaces for those who live in a campus-operated facility or to working spaces for employees of the university. The university will maintain as confidential any accommodations or protective measures provided as required or authorized by law and to the extent that maintaining such confidentiality would not impair the ability of the University to provide the accommodations or protective measures. (No contact directives are not confidential, as they must be communicated to the responding party in order to
A reporting party and witnesses to incidents of sexual misconduct will generally not be considered for violations of University policies regarding personal use of alcohol or drugs unless the University determines that the violation of University policy exposed others to serious risk to their health and safety. For more information see Amnesty in the Sexual Misconduct Policy.
Confidentiality & Privacy
Reports of sexual misconduct are not confidential. The University will make every effort to respect the privacy of all people involved in a way that is consistent with the need to carefully assess the complaint and to take any necessary steps to stop the conduct, prevent it from happening again, and address its impact. Information will only be shared with those people who have a need to know in order to protect the safety of those involved. Read more on Confidentiality and Privacy.
Right to an Advisor
Both the Reporting party and the Responding party have the right to be accompanied by an advisor of their choosing throughout the investigation process. A friend, parent or other relative, or even an attorney may serve as an advisor. More information about advisors can be found in the Policy on Sexual Misconduct.
Right to a Fair & Impartial Process
University officials responding to a report of sexual harassment or sexual violence pursuant to University policy will endeavor to resolve the matter in a prompt and equitable manner in accordance with the applicable procedures, taking into consideration the nature and complexity of the complaint and procedural due process requirements.
Notice of Outcome
The Reporting and Responding party will be provided updates through the investigation process and advised of any delays that occur during the process. Both parties will be given written notice of the final outcome of the investigation.The University endeavors to complete all investigations within 60 days.