Frequently Asked Questions (FAQs) about Title IX of the Education Amendments of 1972
Q. What is Title IX?
A. An overview of Title IX of the Education Amendments of 1972 is provided by the Department of Justice:
On June 23, 1972, the President signed Title IX of the Education Amendments of 1972, 20 U.S.C. §1681 et seq., into law. Title IX is a comprehensive federal law that prohibits discrimination on the basis of sex in any federally funded education program or activity. The principal objective of Title IX is to avoid the use of federal money to support sex discrimination in education programs and to provide individual citizens effective protection against those practices. Title IX applies, with a few specific exceptions, to all aspects of federally funded education programs or activities. In addition to traditional educational institutions such as colleges, universities, and elementary and secondary schools, Title IX also applies to any education or training program operated by a recipient of federal financial assistance. The Department of Education has issued regulations on the requirements of Title IX, 34 C.F.R. § 106.1et seq. The Title IX common rule published on August 30, 2000 covers education program providers/recipients that are funded by other federal agencies.
Further information may be found at
http://www.justice.gov/crt/about/cor/coord/titleix.php
Q. What is covered under Title IX?
A. Gender Discrimination and Sexual Harassment
Gender discrimination and sexual harassment are prohibited by Title VII of the Civil Rights Act of 1964 as amended and Title IX of the Educational Amendments of 1972. The law prohibits discrimination on the basis of sex, in any federally funded education program or activity. It is unlawful for an institution that receives federal funds to discriminate on the basis of sex against students, faculty and staff.
Definitions
Gender discrimination is unequal or disadvantageous treatment of a group or an individual based on gender. Sexual harassment is a form of gender discrimination.
Sexual harassment is defined as unwelcome sexual advances, sexual assaults, or requests for sexual favors, and other verbal or physical conduct of a sexual nature.
Examples:
Verbal: sexual innuendo, suggestive comments, insults, threats, jokes or derogatory comments based on gender, sexual propositions or advances, pressure for sexual favors.
Nonverbal: posting of sexually suggestive or derogatory pictures, cartoons or drawings, making suggestive or insulting noises, leering, whistling, or making obscene gestures.
Physical: touching, pinching, squeezing, patting, brushing against body; impeding or blocking normal work or movement; coercing sexual intercourse; stalking or assault.
Sexual violence refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent (due to age, use of drugs or alcohol, or because of an intellectual or other disability). Sexual violence includes rape, sexual assault, sexual battery, sexual abuse, and sexual coercion.
Sexual intimidation, includes, but is not limited to threatening to sexually assault another person, stalking, cyber-stalking and engaging in indecent exposure.
Relationship violence includes threats or a pattern of abusive behavior of a physical or sexual nature by one partner intended to control, intimidate, manipulate, humiliate, frighten, coerce or injure the other.
The Office of Civil Rights provides further insight about sexual assault in a
Dear Colleague letter dated 4/4/2011
For further information, review the
DMACC Educational Procedure ES4645 Discrimination and Harassment Complaint Procedure
Q. What is consent?
A. Mutual consent must occur before initiating any type of sexual contact, and no act of sexual engagement should be initiated without a considered decision to consent by the individuals involved. Consensual sexual activity happens when each partner willingly chooses to participate and indicates "Yes, I want to engage in sexual activity". Verbally and openly communicating about expectations and desires is critical to obtaining consent. Consent can only be given by a person who has control of his or her mental and physical capabilities. Sex without consent is sexual assault. Use of force, intimidations, or coercion is a denial of a person's right to freely give his/her consent. Even if someone has agreed to engage sexually, that person has the right to withdraw his/her consent at any time. Saying “no” at any time before or during sexual engagement indicates the absence of consent and by law initiates the requirement to end sexual contact.
Q. Is pregnancy covered under Title IX?
A. Yes. The Office of Civil Rights provides
information for pregnant and parenting students.
The Office of Civil Rights provides further insight in a
Dear Colleague letter dated 6/25/2013 .
Q. Does DMACC have a Title IX/Gender Equity Coordinator?
A. Yes. Debbie McKittrick is the Title IX Coordinator at DMACC. She can be reached at
dkmckittrick@dmacc.edu. DMACC Ankeny campus, Building 1, room 31, 515-964-6574.
Q. What should I do if I am a victim of gender discrimination or sexual harassment or if I witness a form of gender discrimination or sexual harassment or if I am aware of someone who is or might be a victim?
A. In order to take appropriate corrective action, the College must be made aware of misconduct or related retaliation. Therefore, anyone who believes that he/she has experienced or witnessed misconduct or related retaliation should promptly report such behavior to one of the following:
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Judicial Officer/Title IX Coordinator:
dkmckittrick@dmacc.edu
515.964.6574
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Ames Campus:
515.663.6708
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Boone Campus:
515.433.5020
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Capitol Center:
515.248.7200
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Carroll Campus:
712.792.8308
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Evelyn K. Davis Center:
515.248.7200
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Newton Campus:
641.791.1721 -
Perry Center:
515.428.8120
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Southridge Center:
515.287.8701
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Transportation Institute:
515.262-1680
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Urban Campus:
515.248.7200
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West Campus:
515.633.2439
- Security After Hours & Weekends:
515.248.7200
If you are a student and you report your concern to a college employee, most employees (except counselors) have a responsibility to inform the Title IX Coordinator that an incident has occurred, even if you are choosing to remain anonymous.
If you are an employee and you report to a supervisor, your supervisor is required to report the information to the Title IX Coordinator.
Q. What should I report?
A. Describe
- person(s) involved - name, age, sex, height, weight, clothing, and distinguishing characteristics.
- property involved with as complete description as possible.
- vehicles involved with as complete description as possible.
If you are a victim of a crime, always press charges.
If you witness any violation of the law notify Campus Security or the Campus Provost's Office.
Q. What if drugs or alcohol were involved?
A. Sometimes people are afraid to report sexual harassment or violence because drugs or alcohol are involved. The College's highest priority is the safety of everyone on campus. Any other rule violations will be handled separately from the sexual harassment complaint. The use of alcohol or drugs never makes the victim at fault for sexual violence.
Q. What about retaliation for reporting a complaint?
A. The College prohibits any form of retaliation against a complainant or respondent. Any allegations of retaliation will result in an immediate investigation and appropriate action consistent with DMACC's due process procedures.
Q. What are some examples of retaliation?
A. Retaliation is any adverse action taken because you complained or a person thinks you complained. These are examples:
- Lowering your grade
- Poor performance rating
- Changing work duties or assignments
- Exclusion from meetings
- Not being called on in class
- Change of work schedule
- Being threatened
Q. Does DMACC have a Title IX Committee?
A. Yes.
Q. Are there community supports available?
A. Yes.
Q. Does DMACC provide a statement assuring staff, faculty and students of their commitment to operating all of their education programs or activities in compliance with the nondiscrimination mandates of Title IX and the Title IX implementing regulations?
A. Yes, DMACC has a non-discrimination statement that addresses Title IX regulations. You can read the entire statement here:
DMACC Nondiscrimination Statement
