The following questions are designed to supplement and clarify information made available through the powerpoint and video on this website.
What offenses are prohibited under Title IX ?
ANSWER: Title IX of the Education Amendments of 1972, as amended, prohibits discrimination on the basis of sex (and gender) in any federally funded education program or activity. This includes:
When is the University required to respond to an allegation of a Title IX violation?
ANSWER: Effective August 14, 2020, a university must respond when:
Would Tuskegee University investigate a complaint if the alleged misconduct occurred off campus?
ANSWER: Title IX applies to all students, employees, and volunteers and conduct occurring in locations, events, or circumstances which Tuskegee University (‘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.
How may an employee or student report a possible violation of Title IX?
ANSWER: Any person may report sex discrimination, including sexual harassment in person, by mail, by telephone, or by e-mail, using the contact information listed on the Tuskegee University website (and below) for the Title IX Coordinator, or Deputy Title IX Coordinator. Individuals are encouraged to use our online incident report form located on this website.
Title IX Coordinator
C/o The Office of General Counsel
Kresge Center, Suite 326
1200 W. Montgomery Rd.
Tuskegee, AL 36088
To schedule an appointment to make an in-person report, contact Constanza Hoffman at firstname.lastname@example.org
Is reporting a possible allegation of a Title IX report the same as filing a complaint?
ANSWER: No. Reporting is not the same as filing a report. An individual (who is the complainant/victim) who makes a report is not required to file a formal complaint. The university will make indivuals aware of supportive measures.
Will the initial report of a possible Title IX violation automatically result in a formal investigation?
ANSWER: Reporting is not the same as filing a report. The initial report may not automatically result in a formal complaint. The Title IX Coordinator must contact the complainant confidentially to discuss the availability of supportive measures with or without the filing of a formal complaint, and explain to the complainant the process for filing a formal complaint.
Will the University wait to investigate a report of a possible Title IX violation if there are criminal charges pending?
ANSWER: No. The complainant make file criminal charges. Under Title IX, the University will not delay its investigation until pending criminal charges have been resolved.
What happens during the investigation?
ANSWER: University must provide equal opportunity for the parties to present fact and expert witnesses and evidence. University must send written notice of any investigative interviews, meetings, or hearings. University must send the parties, and their advisors, evidence directly related to the allegations, in electronic format or hard copy, with at least 10 days before hearing for the parties to inspect, review, and respond to the evidence.
Does Title IX protect individuals from retaliation?
ANSWER: Title IX prohibits retaliation by any person to interfere with any right secured by Title IX. Retaliation prohibited for
Do the requirements in the Title IX regulations apply to allegations involving employees and students?
ANSWER: Yes. The Title IX regulations, define “complainant” and “respondent” respectively as “an individual who is alleged to be the victim” and “an individual who has been reported to be the perpetrator.” Any person may be a complainant or respondent, regardless of whether the person is a student, employee, or otherwise affiliated with the university.
If the University is required to provide a party with an advisor, can the provided advisor be an employee of the institution or must such an advisor be independent of the institution?
ANSWER: The Title IX regulations do not preclude the University from providing an advisor who is an employee of the institution to serve as a party’s advisor for purposes of cross-examination, if the party does not have an advisor.
If the respondent does not find a suitable advisor and only wants to be represented by an attorney, does the University have to pay for the party’s attorney?
ANSWER: No. The postsecondary institution is not required to pay for a party’s attorney.
At the live-hearing level, what happens if the complainant or respondent refuse to answer questions?
ANSWER: The Hearing may proceed. Title IX requires universities to hold a live hearing with the opportunity for each party’s advisor to conduct cross-examination of parties and witnesses. Because party and witness statements so often raise credibility questions in the context of sexual harassment allegations, the decision-maker must consider only those statements that have benefited from the truth-seeking function of cross-examination.
Are written statements instead of live testimony permitted?
ANSWER: The prohibition on reliance on “statements” applies not only to statements made during the hearing, but also to any statement of the party or witness who does not submit to cross-examination. “Statements” has its ordinary meaning, but would not include evidence (such as videos) that do not constitute a person’s intent to make factual assertions, or to the extent that such evidence does not contain a person’s statements. Thus, police reports, medical reports, and other documents and records may not be relied on to the extent that they contain the statements of a party or witness who has not submitted to cross-examination.
Are all witnesses expected to appear at a hearing, or do decision-makers have the flexibility to request witnesses as they deem necessary?
ANSWER: Title IX does not require that all witnesses appear at a hearing, although it does provide the parties an equal right to present witnesses. The decision-maker has discretion to permit witnesses to testify at the hearing remotely, using technology.
Are parties allowed to appeal determinations regarding responsibility?
ANSWER: Either party may appeal a determination regarding responsibility, or from the University’s school’s dismissal of a formal complaint or any allegations therein, on based on the following: procedural irregularity, discovered evidence that could affect the outcome of the matter, Title IX personnel had a conflict of interest or bias. Any party may file an appeal within five (5) business days of receipt of the decision.
What are some supportive resources available to either party involved in a Title IX matter?
ANSWER: The following on-campus and off-campus supportive resources are available to the Complainant and Respondent.
Tuskegee University Wellness Center
Services: 8:00 a.m. to 4:30 p.m. Monday through Friday
Student Health Services
Suite 71-235, John A. Kenney Hall
Dean Gregory Gray, Ph.D.
Tuskegee University Police Department
Location: Kresge Center, Ground Floor
Emergency Number: 334-724-4911 (On campus dial 4-911)
General Information: 334-727-8757
Confidential Hotline: 334-724-4583
Emergency Medical Service
Phone: 334-724-4911 (On-campus dial 4-911)
Dean of Students
Tompkins Hall Suite 203
New Directions Behavioral Health
Toll Free: 800-624-5544
Login code: Tuskegee University
City of Tuskegee Police
Macon County Sheriff