Sex Discrimination & Title IX

 

Submit a Sex Discrimination, Sex-Based Harassment and/or Retaliation (Title IX) Incident Report

Policies and Procedures

Title IX of the Higher Education Act of 1972 promises equal access to education for all students and it protects them against discrimination on the basis of sex.

TU endeavors to foster a climate free from sex-based harassment through training, education, prevention programs, and through policies and procedures that encourage prompt reporting, prohibit retaliation, and promote timely, fair and impartial investigation and resolution of sex-based harassment cases in a manner that eliminates the sex-based harassment, prevents its recurrence, and addresses its effects.

The university's Policy on Sex Discrimination, Sex-Based Harassment, and Retaliation (06.01.60) and Grievance Procedures are consistent with federal law in prohibiting discrimination on the basis of gender or sex.

All TU community members are subject to this policy, regardless of sex, sexual orientation, gender identity and gender expression. OIIE coordinates university compliance with Title IX, and responds to reports of sex-based harassment by providing outreach, resources and investigations. All people involved in responding to or resolving Title IX reports and complaints have participated in training for handling these matters. As required by the Office of Civil Rights, §106.45(b)(10)(i)(D) of the Title IX Regulations, training materials may be found here:

• TU Training Materials
  • Title IX Hearing and Appellate Officer Training
• TU Title IX Personnel Training
  • Sex-Based Harassment Foundations for Higher Education
• Grand River Solutions Training Materials
  • Training #1
  • Training #2
  • Training #3
  • Training #4

Forms

• Advisor Designation
• Support Person Designation
• Equipment Loan Agreement
• Audio Recording Agreement
• Notetaker Agreement
• Authorization to Release Student Information

Confidentiality Statement

A complainant may request that their name not be disclosed to alleged perpetrators or that no investigation or disciplinary action be pursued to address the sex-based harassment, particularly in cases of sexual violence. TU supports a student’s interest in confidentiality in cases involving sexual violence. However, there are situations in which the university must override a student’s request for confidentiality in order to meet its obligations. These instances will be limited and the information will be maintained in a secure manner and will only be shared with individuals who are responsible for handling the university’s response to the incident.

Even if a complainant does not specifically ask for confidentiality, to the extent possible, the university will only disclose information regarding alleged incidents of sexual violence to individuals who are responsible for handling the university’s response. The university will notify students of the information that will be disclosed, to whom it will be disclosed, and why.

If a complainant requests that their name not be revealed to the alleged perpetrator or asks that the university not investigate or seek action against the alleged perpetrator, the university will inform the student that honoring the request may limit its ability to respond fully to the incident, including pursuing disciplinary action against the alleged perpetrator. The university will also explain that Title IX includes protections against retaliation, and that university officials will not only take steps to prevent retaliation but will also take responsive action if it occurs.

If the complainant still requests that their name not be disclosed to the alleged perpetrator or that the university not investigate or seek action against the alleged perpetrator, the university will need to determine whether or not it can honor such a request while still providing a safe and nondiscriminatory environment for all students, including the complainant.

If the university determines that it can respect the complainant’s request not to disclose their identity to the alleged perpetrator, it should take all reasonable steps to respond to the complaint consistent with the request. Although a complainant’s request to have their name withheld may limit the university’s ability to respond fully to an individual allegation of sex-based harassment, there are other steps the university can take to limit the effects of the alleged sexual violence and prevent its recurrence without initiating formal action against the alleged perpetrator or revealing the identity of the complainant. Examples include providing increased monitoring, supervision or security at locations or activities where the misconduct occurred; providing training and education materials for students and employees; changing and publicizing the university’s policies on sex-based harassment; and conducting climate surveys regarding sexual violence. In instances affecting many persons, an alleged perpetrator can be put on notice of allegations of sex-based harassment and other misconduct and be counseled appropriately without revealing, even indirectly, the identity of the complainant. The university will also take action as necessary to protect the complainant while keeping their identity confidential. For students these actions may include providing support services to the complainant and changing living arrangements or course schedules, assignments or tests.

Factors to Consider in Weighing a Request for Confidentiality

Factors to consider when weighing a complainant’s request for confidentiality that could preclude a meaningful investigation or potential discipline of the alleged perpetrator include the following:

1. Circumstances that reasonably suggest there is an increased risk of the alleged perpetrator committing additional acts of sex-based harassment (particularly sexual violence) (for instance, where there have been other sex-based harassment/sexual violence complaints about the same alleged perpetrator, whether the alleged perpetrator has a history of arrests or records from a prior school indicating a history of sex-based harassment/sexual violence, whether the alleged perpetrator threatened further sexual violence or other violence against the complainant or others, and whether the sexual violence was committed by multiple perpetrators)
2. Circumstances that suggest there is an increased risk of future acts of sex-based harassment/sexual violence under similar circumstances (for instance, whether the report reveals a pattern of perpetration (for instance, via illicit use of drugs or alcohol) at a given location or by a particular group).
3. Whether the sexual violence was perpetrated with a weapon
4. The age of the person subjected to the sexual violence
5. Whether the university possesses other means to obtain relevant evidence (for instance, security cameras or personnel, physical evidence)

If the university determined that it must disclose a complainant’s identity to the alleged perpetrator, it should inform the complainant prior to making the disclosure, and should take whatever interim measure are necessary to protect the complainant and/or the university community.

If the complainant asks that the university inform the alleged perpetrator that the complainant asked the university not to investigate or seek discipline, the university should honor this request and inform he alleged perpetrator that the university made the decision to go forward.

Any university officials responsible for discussing safety and confidentiality with complainants should be trained on the effects of trauma and the appropriate methods to communicate with complainants subjected to sexual violence. Traumatic events such as sexual violence can result in delayed decision making; therefore, a complainant who initially requests confidentiality may later request that a full investigation be conducted.

Confidential Employees

As described in university policy, Confidential Employees are not required to report any information regarding an incident of sex-based harassment to the Title IX Coordinator. Confidential Employees should inform complainants of their right to file a Title IX complaint with the school and/or a separate complaint with campus or local law enforcement, in addition to informing students about campus resources for counseling, medical and academic support. Confidential Employees should also indicate that they are available to assist complainants in filing such complaints. They should also explain that Title IX includes protections against retaliation, and the university officials will not only take steps to prevent retaliation but also take responsive action if it occurs.

Public Awareness Events

The university is not required to investigate information regarding sex-based harassment incidents shared by survivors during public awareness events such as “Take Back the Night.” However, the university should make sure survivors are aware of any available resources, such as counseling, health and mental health services. The university should also provide information at these events on sex-based harassment and how to file a sex-based harassment complaint with the university, as well as options for reporting an incident of criminal sex-based harassment to campus or local law enforcement.

Pregnancy and Child Birth

Under Title IX regulations, recipients are prohibited from: (a) applying any rule concerning parental, family, or marital status that treats person differently on the basis of sex; or (b) discriminating against or excluding any student from its education program or activity, including any class or extracurricular activity on the basis of pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery therefrom.

For more information, and help with academic assistance related to pregnancy and childbirth please contact us via email titleix AT_TOWSON or phone 410-704-0203.

Available Accommodations

Specific accommodations will vary from student to student. Examples of accommodations may include:

• a larger desk
• breaks during class
• rescheduling tests or exams
• excusing absences due to pregnancy or related conditions
• submitting work after a deadline missed due to pregnancy or childbirth
• providing alternatives to make up missed work

Lactation Rooms

Lactation Room Locations

TU Lactation Rooms provide a private, secure, clean space for chestfeeding and breastfeeding. They are available to all students, faculty, staff, spouses and domestic partners at the following campus locations:

• 7400 York Road, Room 2103
• Administration Building, Room 115B (obtain the key from AD114)
• Burdick Hall, Room 127
• College of Liberal Arts, Room 2231
• Cook Library, Room 527
• Health Professions, Room 4213
• Psychology, Room 506
• Science Complex, Room 2155
• University Union, Room 253
• Van Bokkelen Hall, Room 009
• West Village Commons, Room 320