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 Employee includes 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)
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."