Title IX - Education Amendments of 1972

Title IX - Education Amendments of 1972

Title IX - Education Amendments of 1972

Title IX prohibits discrimination on the basis of sex in any program or activity including, but not limited to:

  1. Educational programs or activities, e.g., student services, academic counseling, discipline, classroom assignment,
  2. grading, athletics, recreation and study abroad;
  3. Admission and recruitment, e.g., financial aid, housing;
  4. Medical services, including psychological counseling.

UNLAWFUL DISCRIMINATORY PRACTICES UNDER TITLE IX

SEXUAL HARASSMENT (unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature)

SEXUAL MISCONDUCT (rape, sexual assault, sexual battery, sexual exploitation and other forms of non-consensual sexual activity)

STALKING (repeatedly following, harassing, threatening or intimidating including by telephone, mail, electronic communication or social media)

DATING VIOLENCE (including emotional, verbal, and economic abuse without the presence of physical abuse)

DOMESTIC VIOLENCE (including emotional, verbal and economic abuse without the presence of physical abuse)

RETALIATION (adverse employment, academic or other actions against anyone reporting or participating in an investigation of Title IX allegations)

TITLE IX APPLIED TO ATHLETICS

  1. Requires that female athletes receive equal opportunity in sports participation.
  2. Requires that female athletes receive athletic scholarship dollars proportional to their participation.
  3. Requires equal treatment in the provision of (a) equipment and supplies, (b) scheduling of games and practice times, (c) travel and daily allowance, (d) access to tutoring, (e) coaching, (f) locker rooms, (g) practice and competitive facilities, (h) medical and training facilities and services, (i) publicity and promotions, (j) recruitment of student athletes, and (k) support services.

C. Code of Conduct and Violations of Law

  1. University student conduct proceedings may be instituted against a student or student organization charged with conduct that potentially violates both criminal law and this Code of Conduct (that is, if both possible violations result from the same factual situation) without regard to the pending civil or criminal litigation in court or criminal arrest or prosecution. Proceedings under this Code may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus at the discretion of the Senior Director or designee. Determinations made or sanctions imposed under this Code shall not be subject to change because criminal charges arising out of the same facts were dismissed, reduced or resolved in favor of or against the criminal law defendant.
      a. Request for a Delay
            i. For an incident in which there is a report of a violation of the Code of Conduct as well as a violation of law, the respondent may request a short delay in the University conduct process.
            ii. The decision to delay the process will be at the sole discretion of the Senior Director or designee. These delays will typically not be granted in cases which may involve a Title IX violation.
            iii. If the request is granted, the process may be delayed for a short period of time until some part or all of the criminal or civil process has been completed. Interim actions may be imposed.
      b. When a delay is granted for a student organization, one or more of the following conditions may be implemented during the delay.
    • Hold on their University accounts
    • Loss of privilege to participate in all University-related activities
    • Cessation of new member processes or recruitment
    • Prohibition from meeting as an organization
    • Prohibition from hosting any events

      c. Conduct Withdrawal
            i. At the written request of a student, the Senior Director or designee may approve a conduct withdrawal in cases where a student is or may be charged both by the University and criminally for the same incident. Requests will be reviewed on a case by case basis. Reasons for denial include, but are not limited to, the nature and circumstances of the case, the status of the University investigation, or the reported impact of the behavior on other parties. The conduct process may be reinitiated at the discretion of the Senior Director.
            ii. If a conduct withdrawal is approved, a notation will be placed on the student’s transcript indicating that the student withdrew while conduct charges were pending, and the student will be banned from Penn State premises as well as from participating in any activity, class or program of the University. Depending upon the nature of the allegations, additional restrictions may be added.

D. Special Protocols for Title IX Allegations (see also AD-85):

  1. The University’s Office of Sexual Misconduct Prevention and Response (OSMPR) has responsibility for investigating allegations of Title IX violations. The OSMPR will typically investigate such allegations utilizing the process articulated at http://titleix.psu.edu. When information regarding a Title IX allegation is referred to the Office of Student Conduct and a conduct process is initiated, the following process will occur.
    a. The case will be assigned to a Case Manager.
    b. The Case Manager will typically meet with the complainant first.
    c. A Conduct Conference will then take place with the respondent.
    d. Both the respondent and the complainant may be accompanied by an advisor.
    e. If the Senior Director or designee, in consultation with the Title IX Coordinator, determines that it is appropriate and necessary, additional investigation prior to the determination of charges and sanctions will occur.
    f. If the acquired information does not reasonably support charges, then the case will be closed without charges, and both parties will be notified.
    g. If the acquired information reasonably supports a Code of Conduct violation, the Case Manager will recommend charges.
    h. If charges are issued, both the respondent and the complainant may provide an impact statement which would be reviewed by the Case Manager to help inform sanctions the Case Manager would recommend.
    i. The complainant and respondent will be given the opportunity to provide a written response addressing the charges within 5 business days. No new information may be included in this response.
    j. If the respondent accepts the charges and sanctions, the matter will be closed and the sanctions implemented. Both parties will be notified.
    i. If the charges against the respondent could have resulted or do result in a sanction of Probation with a Transcript Notation, Suspension, Indefinite Expulsion or Expulsion, both the respondent and complainant will have the opportunity to request a sanction review. (See Section G, 1)
    k. If the respondent contests the charges, the matter will be forwarded to a Title IX Administrative Hearing or a hearing before a Title IX Decision Panel.
    ii. The Title IX Administrative Hearing is an informal hearing. An Administrative Hearing will typically be utilized in cases that will not result in sanctions ranging from Suspension to and where there are no allegations of physical or sexual violence or nonconsensual penetration.
    iii. The Title IX Decision Panel (Panel) hearing will be utilized in cases in which there is a potential that the respondent may be suspended or expelled from the University and/or where there are allegations of physical or sexual violence or nonconsensual penetration.
    l. The respondent and complainant will be permitted to attend and participate fully in the Title IX hearing procedures (excluding deliberations).
    m. The hearing packet (which will include the Investigative Report and the written responses to the charges) will be forwarded to the hearing authority.
    n. In addition, both the complainant and respondent may provide an impact statement, if not already provided. The impact statement will only be shared with the hearing authority should it find that the respondent is responsible for violating the Code of Conduct.
    o. The hearing authority will typically be permitted at least five business days to individually review the hearing packet. During this time, they may submit additional questions to the Investigator or request additional follow-up by the Investigator. If new information is acquired by the Investigator, both parties will be permitted to review this new information and respond within an appropriate amount of time, to be determined within the discretion of the Investigator.
    p. Following the hearing authority’s individual review of the hearing packet and any required follow up investigation and responses, the hearing authority will convene a Title IX hearing.
    q. At the Title IX hearing, the Investigator will be present and will provide an overview of the investigation. The complainant and respondent may hear/observe the Investigator’s interaction with the hearing authority through remote audio or video access, if reasonably practicable.
    r. When the hearing convenes, no new information may be provided to the hearing authority, unless the person offering the information can show that the evidence was (1) not available during the investigation, and (2) is relevant to establishing whether or not the respondent is responsible for misconduct. If the introduction of new information to the hearing authority is allowed, the other party will have the opportunity to respond.
    s. If the party who did not present the new information declines to respond during the appearance before the hearing authority, or if that party has chosen not to appear before the hearing authority, the hearing authority’s deliberation may be stayed, in the discretion of the hearing authority, to give the party that did not present the new information appropriate time to provide a response to the Investigator and/or hearing authority. If the deliberation is stayed, the hearing authority will reconvene at a later date.
    t. The respondent and the complainant will each have the opportunity to personally address the hearing authority in person so that they may highlight the information that they believe is most relevant to the hearing authority’s deliberation and so that they may respond to questions that may be posed by the hearing authority and the Investigator, if any.
    u. Each party will have the option to hear/observe the other’s interaction with the hearing authority through remote audio or video access, if reasonably practicable. The hearing authority may reasonably accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the respondent and/or complainant during the hearing as determined in the sole judgment of the Senior Director (or designee) to be appropriate.
    v. The complainant and respondent may suggest questions to be posed to the other party by and through the Panel. Proposed questions will be submitted to the hearing authority, which will review the proposed question(s) for relevance and appropriateness before they are posed to the other party.
    w. For cases that go before the Title IX Decision Panel, there shall be a single recording of the hearing authority’s interaction with the Investigator and the parties (not including deliberations). The recording shall be the property of the University and will be maintained as outlined in Section VII, Conduct Records.
    x. Once all permitted evidence has been placed before it, the hearing authority will deliberate and make a decision of responsibility or non-responsibility based on a preponderance of evidence standard. If the respondent is found responsible for violating the Code of Conduct, the hearing authority will also determine appropriate sanctions.
            iv. Within five business days of the hearing, the hearing authority will submit its finding of responsibility or non-responsibility, sanctions (if any), and rationale, in writing, to the Case Manager.
            v. Both parties will be informed, in writing, of the hearing authority’s decision and their rights to appeal as permitted in Section G of the Student Code of Conduct.
            vi. At the conclusion of any appeal process, both the respondent and complainant will be notified, in writing, of the outcome of the process.
            vii. The University’s Title IX Coordinator will also be notified and may continue to work with the parties as appropriate.