What Is Title IX?
- Title IX is a federal law passed in 1972 that prohibits sex-based discrimination in all activities and programs of educational institutions receiving federal funds, which includes the University Of the District of Columbia (UDC).
- Once the institution knows or reasonably should know of a potential Title IX violation, we have an obligation to investigate and respond.
- Title IX covers ALL assaults regardless of the sex of the harasser, i.e., even if the harasser and the person being harassed are members of the same sex. * Under District of Columbia law and the UDC Anti-Discrimination and Harassment Policy, the university is required to investigate all matters involving gender-based harassment or violence, including stalking and domestic violence.
What Does Title IX Require?
ALL university community members must comply with Title IX, including, and without limitation: students, faculty, staff, university administrators, coaches, counselors, and visitors.
All university employees who are not confidential employees, who know or receive a complaint of sex discrimination or sex-based harassment MUST report what they have knowledge of to UDC’s Title IX Coordinator and relay any request for confidentiality by the complainant. Failure to do so can result in disciplinary action.
What Is Sexual Harassment?
Sexual Harassment is a form of sex discrimination and means sexual harassment and other harassment on the basis of sex, including on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, and sexual orientation, that is:
- Quid pro quo harassment. An employee, agent, or other person authorized by UDC to provide an aid, benefit, or service under UDC’s education program or activity explicitly or impliedly condition the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct;
- Hostile environment harassment. Unwelcome sexual conduct that, based on the totality of the circumstances, is so severe, pervasive, and objectively offensive that it limits or denies a person’s ability to participate in or benefit from UDC’s education program or activity (i.e., creates a hostile environment.)
Sexual Violence includes any physical sexual act perpetrated against a person’s will or where the person is incapable of giving consent (e.g. due to the person’s use of drugs or alcohol, being a minor, or having an intellectual or other disability that prevents them from having the capacity to understand the situation and give consent). Types of sexual violence include: rape, sexual assault, sexual battery, sexual abuse and sexual coercion.
Specific offenses also include dating violence, domestic violence, and stalking,
Stalking is defined as engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their or another’s safety, or suffer substantial emotional distress.
Pregnancy and Related Conditions
Title IX prohibits discrimination against a student based on the student’s current, potential, or past pregnancy and related conditions, which means pregnancy, childbirth, termination of pregnancy, or lactation; medical conditions related to recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions; and recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions.
If a student desires accommodations based on pregnancy and related conditions, the student should contact the Title IX Coordinator. Also, the Title IX Coordinator should be contacted for the location of lactation spaces.
Is Retaliation Prohibited?
Yes, Title IX prohibits retaliation for making a good faith complaint about sex-based discrimination or for participating in or otherwise being associated with an investigation of alleged sex-based discrimination.
Anyone who believes or receives a complaint that prohibited retaliation has or is occurring should immediately contact the Title IX Coordinator.