Title IX prohibits discrimination on the basis of sex including sexual harassment or violence such as rape, sexual assault, sexual battery and sexual coercion.* School Responsibilities: School has responsibility to respond promptly and effectively to address sexual misconduct*. If school knows or reasonably should have known about sexual misconduct that creates a hostile environment, must take immediate action to eliminate the harassment, prevent its recurrence, and address its effects.
Must promptly investigate to determine what occurred even if the student does not want to file complaint.
Criminal investigation does not alleviate school of duty to resolve complaints promptly and equitably.
Must have at least one designated Title IX Coordinator (TIC) responsible for coordinating campus compliance with Title IX.
Must have and widely distribute a policy against sex discrimination and make the policy available on an on-going basis; must state that any inquiries concerning Title IX may be referred to the schools TIC or OCR.
Must have and make known procedures for students to file complaints of sex misconduct. Procedures must provide for prompt and equitable resolution of sex misconduct complaints; complainant has right to present his or her case, right to be notified of the time frame of resolution of the complaint; complaint decided using preponderance of the evidence standard; right to be notified, in writing of the outcome of the complaint (note: Privacy laws limit disclosure of certain information but must disclose complainant information about the sanction imposed on the accused when it directly relates to the harassed student including no contact orders); procedures may include voluntary informal methods; however, mediation is not appropriate in cases involving allegations of sexual assault. Accused and accuser entitled to simultaneous notification of the outcome of a hearing and appeal rights.