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What is Title-IX?

Notice of Non-Discrimination under Title IX of the Education Amendments of 1972, 20 U.S.C. 1681 et seq.

Title IX prohibits discrimination on the basis of sex in education programs or activities operated by recipients of Federal financial assistance. Gordon State College does not discriminate on the basis of sex in its education programs and activities.  Prohibited sex discrimination covers sexual harassment including sexual violence.  "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, or due to an intellectual or other disability. Sexual violence includes rape, sexual assault, sexual battery and sexual coercion.  All such acts of violence are forms of sexual harassment covered under Title IX." View Board of Regents Title IX Policy.

What does that mean?

Title IX prohibits discrimination in any university program including athletics, admissions, academic programs, extracurricular activities, employment, financial aid, housing, and student services.
Every member of the Gordon community – students, faculty, staff, and administrators- is expected to comply with Title IX and to practice respectful, ethical, and equitable treatment of others regardless of their sex.

Which behaviors are considered “discrimination based on sex” in violation of Title IX?

Sexual misconduct is a form of sexual harassment prohibited by Title IX. Sexual misconduct 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.” Sexual misconduct offenses include, but are not limited to:

  1. Sexual Harassment
  2. Non-Consensual Sexual Contact (or attempts to commit same)
  3. Non-Consensual Sexual Intercourse (or attempts to commit same)
  4. Sexual Exploitation

Definitions

Dating Violence
Violence committed by a person who is or has been in a close social relationship of a romantic or intimate nature with the victim of the violence.
Domestic Violence
A pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power or control over another intimate partner.  Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person.  This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone. here is often a pattern or repeated cycle of dating or domestic violence, starting with the first instance of abuse.
Stalking
Engaging in behaviors directed at a specific person that result in that person being reasonably afraid for his or her safety or the safety of others, having to alter his or her activities, or suffering substantial emotional distress.

Signs that it could be stalking:

  • Following you, with or without your knowledge
  • Calling or texting excessively
  • Knowing your schedule and/or showing up at places you go
  • Threatening to hurt you, your friends, family, pets or themselves
  • Damaging your property
  • It can even look romantic or non-threatening, like cards, flowers, emails, etc, but if this behavior is unwanted it could be stalking.
Sexual Harassment
Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other physical or verbal conduct of a sexual nature when it meets any of the following:
  • Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or academic status.
  • Submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting such individual.
  • Such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creating an intimidating, hostile, or offensive environment for working, learning, or living on campus. Sexual harassment can occur between any individuals associated with the College, e.g., an employee and a supervisor; coworkers; faculty members; a faculty, staff member, or student and a customer, vendor, or contractor; students; or a student and a faculty member.

Signs that it could be sexual harassment:

  • Sexual comments or inappropriate references to gender
  • Sexually explicit statements, questions jokes, or anecdotes regardless of the means of communication (oral, written, electronic, etc.)
  • Unwanted touching, patting, hugging, brushing against a person’s body or staring
  • Inquiries or commentaries about sexual activity, experience, or orientation
  • Display of inappropriate or sexually oriented material in locations where others can view them
  • Offers of or demands for sex for jobs, promotions, money or other opportunities or rewards
  • Unwanted flirtation, advances or propositions
Gender-Based Harassment
Title IX also prohibits gender-based harassment, which may include acts of verbal, non-verbal, or physical aggression, intimidation, or hostility based on sex or sex-stereotyping even if those acts do not involved conduct of a sexual nature.
Sexual Violence
Any form of sexual or gender-based harassment (such as rape, attempted rape, sexual touching and sexual battery) that involves having or attempting to have sexual conduct with another individual without that individual’s consent.

Examples of sexual violence

  • Any sexual activity performed in the absence of consent or through coercion
  • Forced oral, anal, or vagina sex with any body part or object
  • • Unwanted rough or violent sexual activity
  • • Keeping someone from protecting themselves from unwanted pregnancies or STDS
  • Sexual contact with someone who is very drunk, drugged, unconscious, or unable to give a clear and informed yes
  • Threatening or pressuring someone into sexual activity

Policies

Sexual Misconduct Policy
The Gordon State Sexual Misconduct Policy is in place to address instances of sexual assault and sexual misconduct, sexual harassment, stalking, intimate partner and dating violence in a meaningful, educational manner that respects the rights of all involved, and to comply with federal laws prohibiting sex discrimination including Title IX, the Clery Act and the Campus SAVE Act, and to ensure the safety of the campus and members of the Gordon State Community.
Anti-Harassment Policy
Gordon State College prohibits, and will not tolerate, harassment based on sex, race, color, national origin, religion, age, disability, genetic information, veteran status, or any other characteristic protected by applicable law. Non -Discrimination and Anti -Harassment Policy. This policy applies to all administrators, faculty members, staff, employees, applicants, independent contractors, students, prospective students, visitors, volunteers, and anyone else who visits or has business on the campus of Gordon State College or interacts with employees, students, or other members of the college community. Any person who violates this policy against harassment will be subject to appropriate penalties, which may include termination, expulsion, and/or dismissal. “Harassment” prohibited by this policy includes any conduct (including electronic conduct such as emails and texting) that has the purpose or effect of interfering with an individual’s work or educational performance or creates an intimidating, hostile, or offensive working and/or educational environment, or of interfering with or limiting one’s ability to fully participate in or benefit from an educational program or activity. This is the case even when the person responsible for such conduct did not intend to be offensive, or is not part of the Gordon State College community.
Retaliation
Gordon State College does not retaliate and will not tolerate retaliation against anyone who reports or makes a complaint of sex discrimination, sexual assault, or sexual misconduct, whether reported to Gordon State or an external agency, or against anyone who exercises their rights or responsibilities under Gordon state policies. If any party involved in the incident or conduct process retaliates in any way against a victim, informant, witness, or others involved in an investigation, he or she may be subject to disciplinary action, up to and including expulsion or termination of employment.
Confidentiality
Gordon State College as a public institution, cannot guarantee confidentiality in all cases. Gordon State will make reasonable and appropriate efforts to preserve a complainant and respondent’s privacy and to protect the confidentiality of information in some cases, however, Gordon state’s obligation to provide a safe environment free from sex discrimination may override a victim’s or other party’s interest in confidentiality. The determination whether Gordon State is able to honor a request for confidentiality shall be made by the Title IX Coordinator after consultation with appropriate Gordon State administrators. To the extent permitted by law, Gordon State will take reasonable steps to avoid inclusion of personally identifiable information about a complainant, respondent, or witness in documents made available to the public. If a student wishes to discuss an alleged violation of law or Gordon State policies in a confidential environment, the student may contact the Counseling and Accessibility Services office at 678-359-5585 or the Student Health Center at 678-359-5476.