Faculty / Staff Information
Title IX20 USCA § 1681
- "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance."
- Sexual Harassment is a form of discrimination under Title IX.
- Title IX protects students from sexual harassment by any school employee, another student or a non-employee third party.
A university violates Title IX if it has notice of sexual misconduct and fails to take immediate and effective action.
- A university has notice if a Responsible Employee knew or, in the exercise of reasonable care, should have
known about the misconduct.
- A Responsible Employeeincludes any employee who:
- has the authority to take action to redress the harassment;
- has the duty to report sexual harassment or other misconduct to appropriate school officials; or
- a student could reasonably believe has this authority or responsibility.
Whether an employee is a responsible employee or whether it would be reasonable for a student to believe the employee is will vary depending on various factors, including but not limited to: age, education level, position held by employee, procedures, etc.. (1)
What this means ... is that essentially all faculty and staff have a duty to inform central administration (Dean of Student's Office / Title IX Investigator) of any student report of sexual misconduct. This does not mean the student's name or other personally identifying information must be shared (as sometimes the student will request that the faculty/staff member not tell anyone of the report). Rather, by contacting one of the administrators listed in the Get Help section, a faculty/staff member can both satisfy the reporting/notice requirement as well as obtain information about remedies, resources, and university processes that he or she can then pass along to the student as a follow-up. In this way, faculty/staff can provide reluctant students with valuable information while still protecting the student's confidence, trust, and anonymity. Alternatively, when students do wish to report, faculty and staff are instrumental in referring students to the administrators who can most effectively assist them.
How to Spot Sexual Misconduct
The term Sexual Misconduct refers to ALL prohibited conduct of a sexual nature per the Texas Tech Student Code of Conduct. It is the broadest umbrella of sexually illicit behavior and encompasses the following more specific terminology.
The term Sexual Harassment is defined as "any unwelcome verbal, written, or physical conduct of a sexual nature that reasonably interferes with a student's educational experience."
- This includes unwelcome sexual advances, requests for sexual favors, sexual voyeurism (e.g., "peeping tom"), recording another person engaged in a sexual act or other private activity, and engaging in sexual activity while knowingly infected with an STD.
- Sexual Assault = Sexual Harassment. (i.e., Sexual Assault is a specific type of Sexual Harassment.)
The term Sexual Assault refers to both Non-consensual Sexual Contact and Non-consensual Sexual Intercourse.
- Non-Consensual Sexual Contact is defined as "intentional sexual touching of another's private areas without consent."
- Private Areas are stipulated as being the butt, breasts, mouth, genitals, groin area, or other bodily orifice
- Non-Consensual Sexual Intercourse is defined as "sexual penetration or intercourse without consent."
- "Penetration" with any object or with any part of one's body, however slight -- anal, oral, or vaginal.
(1) Roach R., Smith G., Harrison V., National Association of College and University Attorneys. "Campus Response to Sexual Misconduct
Through a Risk Management Lens."