When should I contact the Title IX Administrator?

When should I contact the Title IX Administrator?

You should contact the Title IX Administrator if you feel you've been the victim of sexual harassment (which includes sexual violence), sexual assault, or sex discrimination.

Title IX requires the Universtiy to respond to all reports of sex discrimination, which includes assault and harassment.  All members of the University  Community are required to report any knowledge of sex discrimination to the Student Affairs Office and/or the Title IX Administrator.

What constitutes sexual harassment or discrimination?

Sex Discrimination

Behavior toward or consideration of people on the basis of whether they are male or female, usually referring to unfair treatment. The term is most often used to mean behavior that leaves members of one sex at a disadvantage.

Sexual Harassment

As defined by Title IX, unwelcome conduct of a sexual nature. It includes unwelcome sexual advances, requests for sexual favors, and other verbal, non-verbal, or physical conduct of a sexual nature.

  1. Submission to such conduct is made either explicitly or implicitly a term or condition of a person's employment or education; or
  2. Submission to or rejection of such conduct is used as the basis for making employment or educational decisions about a person; or
  3. Such conduct has the purpose or effect of substantially and unreasonably interfering with an individual's work or academic performance or creating an intimidating, hostile or offensive working or educational environment. For such conduct to constitute sexual harassment in the teaching context, the behavior must also be persistent, pervasive, and not germane to the academic subject matter and affect a student’s class participation, or ability to participate in or benefit from an education program, opportunity or activity, or create an intimidating, threatening or abusive educational environment.
  4. Sexual 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 the victim's use of drugs or alcohol. An individual also may be unable to give consent due to an intellectual or other disability. A number of different acts fall into the category of sexual violence, including rape, sexual assault, sexual battery and sexual coercion. All such acts of sexual violence are forms of sexual harassment covered under Title IX.

Sexual Violence

A form of Sexual Harassment. Sexual Violence can include rape, sexual assault, sexual battery, and sexual coercion.

Sexual Assault

Physical sexual acts perpetrated against a person's will or where a person is incapable of giving consent.

Complainant

Person making a written or oral allegation of violation of Title IX or the Anti-Discrimination Policy.

Offender

Alleged perpetrator.

Report or Complaint

Informal notification of an alleged incident of sex discrimination. The University does not view a report or complaint as a formal grievance and will not result in unwanted formal or legal action. It can be anonymous, and is confidential. 

"If the complainant requests confidentiality or asks that the complaint not be pursued, the school should take all reasonable steps to investigate and respond to the complaint consistent with the request for confidentiality or request not to pursue an investigation. If a complainant insists that his or her name or other identifiable information not be disclosed to the alleged perpetrator, the school should inform the complainant that its ability to respond may be limited."1

Formal Grievance

Formal notification to the Office of Student Affairs and/or the Title IX Administrator, or the Gunnison Police Department. Indicates a formal investigation by the University  and may result in an adjudication. 

Based upon the victim's preference, a grievance filed with the Gunnison Police Department may be held confidential or be provided to the College for review.

The victim may request to be anonymous.

Hostile Environment

When conduct of a sexual nature produces an environment which has the purpose or effect of substantially and unreasonably interfering with an individual's work or academic performance or creating an intimidating, hostile or offensive working or educational environment.

"A single or isolated incident of sexual harassment may create a hostile environment if the incident is sufficiently severe. For instance, a single instance of rape is sufficiently severe to create a hostile environment."1

Retaliation

The University prohibits and will not tolerate retaliation against any person who opposes or reports a discriminatory practice which is forbidden by law or this policy or who has filed a Grievance, testified, assisted or participated in any manner in an investigation or proceeding conducted under this policy.  Acts of retaliation may be the subject of a Complaint or Grievance under this policy.

Preponderance of the Evidence

Just enough testimony and evidence to make it more likely than not that the fact sought to be proven is true. This preponderance is based on the more convincing evidence and its probable truth or accuracy, and not on the amount of evidence.

Grievance Procedures

  1. Contact The Office of Student Affairs and/or Title IX Administrator, or contact OCR
  2. Eliminating any potential hostile environments
  3. Meet and discuss victim's options with Title IX Administrator
            A. Make a formal grievance
                          OR
          
      B. Report anonymously
  4. An informal or formal investigation will be pursued
            A. Both parties will have an equal opportunity to present relevant witnesses and other evidence
  5. Determination of appropriate response
            A. Both parties will receive a written notice of the outcome
  6. Both parties have an equal opportunity to appeal the decision
            A. Appeal Process (link to judicial page)

The Office of Student Affairs: 970.943.2011

Title IX Administrator:                                          
Chris Luekenga 970.943.2616

Grievances can be filed in student-student, student-employee, or student-third party situations.

Mediation will not be used to resolve sexual assault complaints.

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1Office for Civil Rights, United States Department of Education. "Dear Colleague." Letter. 4 Apr. 2011. MS.