Title IX Compliance
All Title IX reports are currently reviewed by Tuskegee University’s Title IX Coordinator:
LAVERNE LEWIS GASKINS, J.D.
Deputy General Counsel and Title IX Coordinator
Sexual Harassment, Sexual Assault, Sexual Misconduct, Relationship (Dating) Violence and Stalking Policy1
Title IX of the Education Amendments of 1972 and other laws2 prohibit discrimination on the basis of sex in employment and education programs and activities. Title IX protects all persons from sex discrimination, including sexual harassment and sexual violence. Effective August 14, 2020, a school must respond when:
(1) the school has actual knowledge of sexual harassment; (2) that occurred within the school’s education program or activity; (3) against a person in the United States. Tuskegee University (TU) prohibits discrimination based on sex in employment and education programs and activities. This policy applies to all students, employees, and volunteers and to conduct occurring in locations, events, or circumstances over which TU exercises substantial control over both (1) the respondent, and (2) the context in which the sexual harassment occurs, including on school grounds, any building owned or controlled by a student organization officially recognized by TU; and through technology resources provided by or used at TU or impacting a student or employee at a location owned, leased or controlled by TU or a recognized student organization.
TU will process all sex discrimination complaints it receives, including complaints of sexual harassment and sexual violence, to determine whether the conduct alleged in the complaint, if proved, would constitute sexual harassment as defined in applicable regulations.3 This includes complaints of sexual assault or harassment made by students and employees, and against students, employees, and volunteers. TU reserves the right to address potential disciplinary infractions that fall outside of the Title IX’s scope under its student, employee and faculty codes of conduct (include hyperlinks to this). TU will take appropriate action should it receive a formal complaint and have actual knowledge that any contractor, vendor, partner, or other affiliate has engaged in sex-based misconduct, up to and including termination of the business relationship.
A. TITLE IX COORDINATORS
Complaints of sexual assault, sexual harassment and other conduct prohibited under this policy and inquiries concerning the application of Title IX and its regulations should be directed to the TU Title IX Coordinator or Deputy Coordinators listed below:
Title IX Coordinator
Laverne Lewis Gaskins, Esq.
To schedule an appointment to make an in-person report, contact Constanza Hoffman at email@example.com.
Deputy Title IX Coordinators
Shenita Brazelton, JD, PhD
Steven McCrary, M.Ed.
The Title IX Coordinator coordinates the University’s compliance with Title IX and University policies related to sexual misconduct. The Title IX Coordinator oversees the University’s centralized responses to ensure compliance with Title IX and the 2013 Amendments to the Violence Against Women Reauthorization Act (VAWA as amended). The Title IX Coordinator’s and Deputy Coordinators’ responsibilities also include receipt and review of complaints, investigating or overseeing the investigation of complaints of alleged sexual misconduct or harassment; ensuring that consistent standards and practices apply to all investigations; being available to meet with students and employees who believe a violation of this policy has occurred; and assisting campus security or law enforcement as needed. For further information concerning the Title IX Coordinator’s responsibilities, see Appendix A two this policy. Students and employees may also contact the U.S. Department of Education, Office for Civil Rights at (800) 421-3481 or firstname.lastname@example.org.
B. POLICY DEFINITIONS
Actual knowledge means notice of sexual harassment or allegations of sexual harassment to TU’s Title IX Coordinator or any TU official who has authority to institute corrective measures on behalf of TU.4 There can be no imputation of knowledge based solely on vicarious liability or constructive notice, and the “actual knowledge” requirement is not satisfied when the only TU official with actual knowledge is the respondent.
Complainant means an individual who is alleged to be the victim of conduct that could constitute sexual harassment. A complainant must be enrolled at or employed by TU when the formal complaint is filed.
Education program or activity includes locations, events, or circumstances over which the University exercised substantial control over both the respondent and the context in which the sexual harassment occurs, and also includes any building owned or controlled by a student organization that is officially recognized by a postsecondary institution (University).
Formal complaint means a document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that TU investigate the allegation of sexual harassment. At the time of filing a formal complaint, a complainant must be participating in or attempting to participate in the education program or activity of TU. A formal complaint may be filed with the Title IX Coordinator in person, by mail, by e-mail using the contact information for the Title IX Coordinator listed in this policy and other publications, or through an online portal provided for this purpose by TU that (1) contains the complainant's physical or digital signature, or (2) otherwise indicates that the complainant is the person filing the formal complaint. Where the Title IX Coordinator signs a formal complaint, the Title IX Coordinator is not a complainant or otherwise a party.
Incapacitated means a complainant is temporarily incapable of appraising or controlling his/her conduct due to the influence of a narcotic, anesthetic, alcohol, or other substance, including substances administered without consent, or due to any other act committed upon the victim without consent.5
Intimate partner. For purposes of this policy, an “intimate partner” is defined as an individual with whom one has or had a short- or long-term relationship that provides romantic and/or physical intimacy or emotional dependence. Intimate relationships can occur between individuals of the same gender or different genders and may include (but are not limited to) marriages, civil unions, dating relationships, “hook-up” relationships, relationships in which partners are characterized as “girlfriends” or “boyfriends,” and relationships between individuals with a child in common.
Rape is a form of sexual violence that may or may not involve force or a threat of force, coercion, violence, or immediate bodily injury, threats of future retaliation, or duress. Rape means nonconsensual sexual intercourse or sexual penetration, which, in addition to intercourse, means nonconsensual oral or anal intercourse, or any other intrusion, however slight, of any part of a person's body or of any object into the genital or anal openings of another person’s body. Any sexual penetration is sufficient to constitute rape. Sexual acts are considered non-consensual when they involve a person who is physically incapacitated,6 physically helpless,7 incapable of giving consent because s/he is incapacitated from alcohol and/or drugs, is under 18 years old, or due to a mental or physical disability is incapable of giving consent. This includes acquaintance rape, a form of sexual violence committed by an individual known to the victim. This includes a person the victim may have just met, such as at a party, been introduced to through a friend, or met on a social networking website.
Respondent means an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment. A respondent must be enrolled at or employed by TU when the formal complaint is filed.
Sex discrimination means an adverse action taken against an individual because of sex, including sexual harassment, sexual violence, domestic violence, dating violence, and stalking. Both men and women can file complaints of sex discrimination.
Sexual exploitation. Sexual exploitation occurs when one person takes nonconsensual or abusive sexual advantage of another person or violates the sexual privacy of another person without their consent. Examples include recording, photographing, transmitting, viewing, or distributing intimate or sexual images or sexual information without the knowledge and consent of all parties involved and voyeurism (i.e., spying on others who are in intimate or sexual situations). Sexual exploitation does not include non-consensual sexual penetration or non-consensual sexual contact.
Sexual harassment means conduct on the basis of sex that satisfies one or more of the following:
“Quid pro quo,” meaning an employee of TU conditioning provision of a TU aid, benefit, or service on an individual's participation in unwelcome sexual conduct;
Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the University's education program or activity; and/or one or more of the following:
“Sexual assault,”8 meaning any sexual act directed against another person, without the consent of the victim including instances where the victim is incapable of giving consent, including
Forcible Rape—(Except Statutory Rape) The carnal knowledge of a person, forcibly and/or against that person’s will or not forcibly or against the person’s will in instances where the victim is incapable of giving consent because of his/her temporary or permanent mental or physical incapacity;
Forcible Sodomy—Oral or anal sexual intercourse with another person, forcibly and/or against that person’s will or not forcibly or against the person’s will in instances where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity;
Sexual Assault With An Object—To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, forcibly and/or against that person’s will or not forcibly or against the person’s will in instances where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity;
Forcible Fondling—The touching of the private body parts of another person for the purpose of sexual gratification, forcibly and/or against that person’s will or not forcibly or against the person’s will in instances where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity; and
Unlawful, nonforcible sexual intercourse, including
Incest—Nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law; and
Statutory Rape—Nonforcible sexual intercourse with a person who is under the statutory age of consent.
“Dating violence,”9 meaning violence committed by a person —
"Dating violence" does not include violence in a casual acquaintanceship or violence between individuals who only have engaged in ordinary fraternization in a business or social context.
“Domestic violence,”10 meaning includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or 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; and/or
“Stalking”11 includes electronic and cyberstalking and means a course of conduct directed at a specific person that would cause a reasonable person to---fear for his or her safety or the safety of others; or suffer substantial emotional distress.
Cyberstalking means engaging in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose.13
“Sexual harassment” includes unwelcome verbal, nonverbal or physical conduct including but not limited to unwelcome sexual advances; requests for sexual favors; and other verbal, nonverbal, written, or physical conduct of a sexual nature, such as sexual violence, sexual advances, and indecent exposure.
Sex Offense: Any sexual act directed against another person, without the consent of the complainant, including instances where the complainant is incapable of giving consent.
Sexual Violence is a form of sexual harassment and means physical sexual acts, such as unwelcome sexual touching, sexual assault, sexual battery, rape, domestic violence, dating violence, and stalking (if based on sex), taken against an individual against his or her will and without consent or against an individual who is incapable of giving consent due to the use of drugs or alcohol, being a minor, or an intellectual or other disability. Sexual violence includes acts of physical force, violence, threats, and intimidation, ignoring the objections of the other person, causing the other person's intoxication or incapacitation through drugs, alcohol, or other substance, or taking advantage of another person's incapacitation, including voluntary drug or alcohol intoxication. Both men and women can be victims of sexual violence.
Sexual Battery is a form of sexual violence and means oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object.
Supportive measures means non-disciplinary, non-punitive, individualized services offered as appropriate, reasonably available, and without charge to the complainant or respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Supportive measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures. The University must maintain as confidential any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality would not impair the ability of the University to provide the supportive measures. The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures.
Consent means intelligent, knowing, and voluntary consent and does not include coerced submission. "Consent" shall not be deemed or construed to mean the failure by the alleged victim to offer physical resistance to the offender. Once consent is withdrawn or revoked, the sexual activity must stop immediately.
C. PROHIBITED CONDUCT
Any conduct by an employee, student, or volunteer that denies or limits the ability of a student or employee to participate in or receive the benefits, services, or opportunities of employment or any TU program or activity based on sex is prohibited. This includes any circumstance where:
This policy specifically includes electronic communications, including but not limited to phone calls, text messages, e-mail, and social media communications such as Instagram, Snapchat, Twitter, and Facebook.
D. REPORTING SEXUAL MISCONDUCT AND FILING A COMPLAINT
Where to report or file a complaint: Sexual assault, sexual harassment and other behavior prohibited by this policy should be reported to:
Laverne Lewis Gaskins, Esq.
To schedule an appointment to make an in-person report, contact Constanza Hoffman at email@example.com
Deputy Title IX Coordinators:
Shenita Brazelton, JD, PhD
Steven McCrary, M.Ed.
Reporting sexual harassment. Any person may report sexual harassment (whether or not the person reporting is the person alleged to be the victim of sexual harassment) by using the contact information listed for the Title IX Coordinator, and such a report may be made at any time (including during non- business hours) by using the above-listed telephone numbers or email addresses, by completing the online reporting form, or by mail to the listed office address. Third party (including ‘‘bystander’’) reporting, and anonymous reporting (by the complainant or by a third party) triggers response obligations.12
Complaint process. Upon receipt of a complaint, the Title IX Coordinator must contact the complainant to discuss supportive measures (with or without the filing of a formal complaint), consider the complainant’s wishes with respect to supportive measures, and explain to the complainant the process for filing a formal complaint. The Title IX Coordinator must also determine whether the allegations, if true, would constitute a violation of Title IX. If the conduct alleged does not meet the definition of Title IX sexual harassment, TU has discretion to pursue disciplinary action under another provision of its faculty, staff or student code of conduct.13
Any TU official who has authority to institute corrective measures on behalf of TU receiving a report of sexual harassment is responsible for reporting it to the Title IX Coordinator.14 Failure to comply with this policy shall be grounds for disciplinary action, up to and including termination.
What to expect. Upon (a) the Title IX Coordinator’s or Deputy Coordinators’ receipt of a complaint, or notice of alleged conduct implicating this policy from a TU official who has authority to institute corrective measures on behalf of TU,15 the Title IX Coordinator, will meet with the complainant, provide a copy of this policy, and explain:
Complaints signed by the Title IX Coordinator.16 The only TU official authorized to initiate the grievance process against a respondent is the Title IX Coordinator (by signing a formal complaint). The Title IX Coordinator may, under some circumstances, initiate a grievance process when a complainant does not wish to participate. Such a conclusion can only be reached by the specially trained Title IX Coordinator, and only when specific circumstances justify that action. The Title IX Coordinator will only initiate a grievance process against the complainant’s wishes if doing so is not clearly unreasonable in light of the known circumstances. The reasons for the decision must be documented.
Temporary removal of the respondent on an emergency basis. TU is authorized to remove a respondent from its education programs or activities on an emergency basis, with or without a grievance process being pending. In this event, the respondent must be given post-removal notice and an opportunity to challenge the removal.
Confidentiality. TU will make reasonable efforts to preserve complainants' and respondents' privacy and will only disclose information regarding complaints under this policy on a need to know basis, primarily to persons who are responsible for investigation, evaluation and reporting requirements.
TU cannot require the complaining or responding student to maintain confidentiality.
E. TU’s GRIEVANCE PROCESS
TU’s grievance process consists of (1) an investigation; (2) a live hearing; (3) an appeal; and (4) imposition of sanctions and remedies. The grievance process may not require, allow, rely upon, or use questions or evidence that constitute or seek disclosure of information protected by a legally recognized privilege, including a party's records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional's or paraprofessional's capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party, unless TU obtains that party's voluntary, written consent.
If a party is not an “eligible student,” as defined in 34 C.F.R. § 99.3, the University must obtain the voluntary, written consent of a “parent” as defined in 34 C.F.R. § 99.3.
A formal complaint must be filed before an investigation begins. A formal complaint is:
Formal complaints will be investigated by the Title IX Coordinator or a designee. At its discretion, TU can utilize external personnel to serve as an investigator. Other University officials may assist in gathering facts during the investigation and information from TU campus security or local law enforcement officials may be considered. Individualized support services must be offered to both the reporting and responding parties involved in an alleged incident of sexual misconduct prior to an investigation or while an investigation is pending. Both parties must be given the same opportunity to present relevant evidence and witnesses, including expert and character witnesses. Investigators must receive training on issues of relevance to create an investigative report that fairly summarizes relevant evidence.
At the time a student or employee files a formal complaint, the student or employee must be employed by TU or currently enrolled in or attempting to participate in a TU education program or activity. In order for the Title IX Coordinator to sign a complaint, the complainant and respondent must be employed by or enrolled at TU.
If a respondent is no longer enrolled at or employed by TU, or specific circumstances prevent TU from gathering evidence sufficient to investigate the complaint or its allegations, the Title IX Coordinator can dismiss the formal complaint or any allegations therein.
Notice of allegations. Upon receipt of a formal complaint, the Title IX Coordinator must provide the following notice to the parties who are known:
Investigation of a formal complaint. When investigating a formal complaint and throughout the grievance process, the Title IX Coordinator or designee, including an external investigator, must:
Dismissal of a formal complaint. A formal complaint may be dismissed by the Title IX Coordinator:
Consolidation of formal complaints. TU has discretion to consolidate formal complaints as to allegations of sexual harassment against more than one respondent, or by more than one complainant against one or more respondents, or by one party against the other party, where the allegations of sexual harassment arise out of the same facts or circumstances.
Cooperation. All faculty, staff, volunteers, and students are required to cooperate in the investigation process. Refusal to cooperate will result in disciplinary action based on failure to cooperate in an official TU investigation for employees and volunteers, and disciplinary action potentially leading to dismissal.
Evidentiary/fact relevance determinations. The Title IX Coordinator/Investigator has discretion to determine whether a proffered witness or documentary information would be relevant or helpful to the investigation.
Relevant Information and Directly Related Evidence for Investigation. Prior to the hearing, TU will provide the parties an equal opportunity to inspect and review “any evidence…directly related” to the allegations, including inculpatory and exculpatory evidence, and regardless of whether TU intends to rely on the evidence, and regardless in making a determination of responsibility.
The Title IX Coordinator or investigator may collect and consider the following types of information:
During the investigation, the complainant and respondent is entitled to an advisor of his or her choice. An advisor can be:
An attorney An advisor cannot be:
Pending criminal matters. The internal investigation will proceed whether a related criminal matter is pending or not. If there is an ongoing criminal investigation, TU will not wait for the conclusion of the criminal investigation or criminal proceeding to begin its own Title IX investigation. However, if requested by law enforcement, following notice to both parties, TU may temporarily delay the fact-finding portion of a Title IX investigation while the police or other law enforcement officials are gathering evidence.
Time Frame for Investigation and Completion of Report. There is no fixed time frame under which TU must complete a sexual misconduct investigation, hearing or informal resolution. The investigation must be completed within a reasonable time taking into account the facts and circumstances of the complaint, the number and location of witnesses, and the institution’s schedule, including exams, closures for institutional breaks, or other reasons.
Hearing referral. The investigator's final report will be submitted to the Title IX Coordinator for review and a determination as to whether to proceed with a live hearing, provided that s/he was not the investigator of the complaint. If the Title IX Coordinator was the investigator for the complaint, the Dean of Students will review and determine whether to proceed with a live hearing before a Title IX-trained hearing panel for students, and the Human Resources Lead will review the report and determine whether to proceed to a live hearing for employees..
2. Live Hearing
The grievance process must provide for a live hearing. At the live hearing, the decision-makers must permit each party's advisor to ask the other party and any witnesses all relevant questions and follow-up questions, including those challenging credibility. Such cross-examination at the live hearing must be conducted directly, orally, and in real time by the party's advisor and never by a party personally.
At the University’s discretion, the hearing may be continued for good cause. “Good cause” may include considerations such as the absence of a party, a party's advisor, or a witness; concurrent law enforcement activity; or the need for language assistance or accommodation of disabilities.
Evidentiary Standard. A "preponderance of the evidence" standard will be used.
Attendance at hearings. Only the advisor can attend the hearing with a party, unless someone else is required to attend by law. During the hearing, Title IX panel or the hearing officer may be advised by legal counsel or a representative from Human Resources or Student Affairs.
The Panel shall have no authority to compel the attendance of witnesses.
A panel must determine whether it is more likely than not that a violation of policy occurred and issue a written decision stating whether the allegations were substantiated, and if so, recommend disciplinary sanctions and remedial measures. For each violation charged, the decision must include specific findings of fact and conclusions as to whether the facts support a finding of responsibility for violation of TU’s Title IX policy. For each violation charged, there must be a written determination by the decision makers that includes:
The hearing decision concerning responsibility will be provided to both parties simultaneously, along with any restrictions or sanctions. The determination regarding responsibility becomes final either on the date that the University provides the parties with the written determination of the result of the appeal, if an appeal is filed, or if an appeal is not filed, the date on which an appeal would no longer be considered timely.
If the complaint is against a faculty member or other employee, the hearing decision will be submitted to a Title IX hearing committee, who will make a decision concerning restrictions or sanctions.
All appeals will be on the record, unless good cause is found18 to receive testimony from a witness and the testimony that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter. Parties have the same opportunity to appeal based on any of three grounds:
Any party may file an appeal within five (5) business days of receipt of the decision. Appeals filed after the deadline will not be considered. The institutional designee (the Vice President for Student Affairs for students, and the Human Resources Lead for employees) will issue a decision in writing no later than thirty (30) business days after the appeal has been submitted. Issuance of a decision may be temporarily delayed or limited extensions of time frames allowed for good cause with written notice to the complainant and the respondent of the delay or extension and the reasons for the action. The maximum period for deciding an appeal will be sixty (60) business days. For all appeals, TU will:
4. Remedies and possible sanctions
Remedies may include the same individualized services used as “supportive measures”; however, remedies need not be non-disciplinary or non-punitive and need not avoid burdening the respondent. The range of possible disciplinary sanctions TU may implement following a determination of responsibility are the sanctions for disciplinary misconduct set forth for faculty, staff, and students in TU’s codes of conduct and handbooks for faculty, staff and students. This ranges from educational interventions, counseling, restriction from housing, campus and activities, community service, and probation up to and including termination for faculty and staff, and suspension or expulsion for students.
Individualized services must be offered as appropriate to either or both the reporting and responding parties involved in an alleged incident of sexual misconduct. If a violation of this policy is proven by a preponderance of the evidence (i.e., that it is more likely than not that sexual harassment occurred), immediate action, including protective measures, will be implemented to end the harassment and prevent its reoccurrence. For students, once a student is found responsible for a sexual misconduct violation, before a sanction is imposed, TU should consider: (1) how best to enforce its Code of Conduct; (2) the impact of separating a student from his or her education; and (3) whether the proposed sanction is a proportionate response to the violation.
Any sanction imposed on the respondent that relates directly to the complainant, such as a "no contact" order, transfer to different classes or housing, or a suspension will be disclosed to the complainant. The complainant and respondent will not be notified of the individual remedies offered or provided other than no-contact orders. In cases of alleged sexual violence, the result of the hearing and any sanction imposed with disclosed to both parties regardless of whether the hearing concludes an assault was committed.
Any individual serving as a Title IX Coordinator, investigator, or decision-maker, and persons designated by TU to facilitate the informal resolution process, must not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent. Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process, must receive training on the following:
All training provided by the Title IX Coordinator must be gender neutral and free of any sex bias or sex stereotyping. Any materials used to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process must not rely on sex stereotypes and must promote impartial investigations and adjudications of formal complaints of sexual harassment.
G. INFORMAL RESOLUTION
TU offers informal resolution processes such as mediation as alternatives to a full investigation and adjudication of the formal complaint. Informal resolution requires that both parties give voluntary, written consent. Informal resolution cannot be used for complaints against employees alleging sexual harassment of students. In addition:
The informal resolution process will be resolved within a reasonable period of time and may be temporarily delayed or limited extensions of time frames allowed for good cause with written notice to the complainant and the respondent of the delay or extension and the reasons for the action. Good cause may include considerations such as the absence of a party, a party's advisor, or a witness; concurrent law enforcement activity; or the need for language assistance or accommodation of disabilities.
Retaliation against a student, employee, or other individual who reports or complains about sex discrimination to an appropriate school official or participates in a report, investigation or proceeding involving a claim or allegation under this policy because he or she made a complaint, testified, or participated in an investigation or proceedings is prohibited.
J. DISSEMINATION OF POLICY
This policy must be distributed to:
This policy must be available:
K. RECORD KEEPING
For each response, TU must maintain all records of Title IX proceedings for seven years. This includes records of any actions, including any supportive measures, taken in response to a report or formal complaint of sexual harassment.
In each instance, TU must document:
Title IX Coordinator’s Responsibilities
The Title IX Coordinator’s responsibilities include but are not limited to:
1 Effective Date: August 14, 2020.
2 Title IX of the Education Amendments of 1972, as amended, and its implementing regulations, 34 C.F.R. part 106. (“Title IX”); the Violence Against Women Reauthorization Act of 2013 (20 U.S.C. 1092(f)) (VAWA), also known as the Campus Sexual Violence Elimination Act (Campus SaVE Act); Title VII of the Civil Rights Act of 1964, as amended; and regulations published May 19, 2020, in 85 FR 30574 and 34 C.F.R §§ 106.44-106.46; 106.51; 106.30.
3 Published at 34 C.F.R. § 106.30.
4 “Any TU official who has authority to institute corrective measures on behalf of TU” is defined as the Title IX Coordinator, the Deputy Coordinators, the Vice President for student Affairs, the Human Resources Lead, or the President.
5 Persons who are drugged, incapacitated, or under the age of 16 are unable to give consent.
6 “Physically incapacitated” means bodily impaired or handicapped and substantially limited in ability to resist or flee.
7 “Physically helpless” means unconscious, asleep, or for any other reason physically unable to communicate unwillingness to an act.
8 Meaning any offense classified as a forcible or nonforcible sex offense under the uniform crime reporting (UCR) system of the Federal Bureau of Investigation. 20 U.S.C. § 1092(f)(6)(A)(v).
9 34 U.S.C. 12291(a)(10).
10 34 U.S.C. 12291(a)(8).
11 34 U.S.C. 12291(a)(30).
12 § 106.8(a).
13 § 06.45(b)(3)(i).
14 Whether an individual is an “official with authority” is a legal determination that depends on the specific facts relating to a University's administrative structure and the roles and duties held by officials in the University's operations. 85 Fed. Reg. 30039. TU officials who have authority to institute corrective measures on behalf of TU consist of the Title IX Coordinator, the Deputy Title IX Coordinators, the Director of Human Resources, and the University President.
15 See footnote 15, above.
16 85 Fed. Reg. 30045-30046.
17 TU establishes the following restrictions regarding the extent to which the advisor may participate in hearing proceedings, which apply equally to both parties: the advisor is limited to advising a party and cross-examination of witnesses.
18 The existence of "good cause" shall be determined by the Vice President for Student Affairs.