Title IX

~~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 based discrimination on educational campuses that receive federal financial assistance. Title IX protects individuals from discrimination on the basis of sex and applies to students, faculty, staff, independent contractors, campus visitors, and other participants in University educational programs and activities. All forms of sex 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.

• Pregnancy & Parenting Discrimination

  ETSU protects students from pregnancy and parenting discrimination.The Office for Civil Rights offers guidance on Title IX protections for pregnant and parenting students.

  Locate Campus Lactation Suite

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 Coordinator

  compliance@etsu.edu 
  Email the Title IX Coordinator about your concern.  
• Call the Title IX Coordinator

  423-439-8544 
  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.  All ETSU employees are mandatory reporters under our institutional policies. Any employee that witnesses, perceives, or otherwise receives a report of sexual misconduct is requried to promptly report such information to the Office of University Compliance.  More information on reporting requirements can be found in the Policy on Discrimination, Harassment, and 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. 
• Mandatory Reporters 

  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?

• Preserving evidence

  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.  
• Support Measures

  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
  be effective.)
• Amnesty Statement

  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.

Learn more about Title IX @ ETSU