Title IX

Title IX of the Education Amendments of 1972 is an all-encompassing federal law that protects people from discrimination based on sex in education programs or activities that receive federal financial assistance. Title IX states: 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.

 

Title IX Grievance Procedures

CONFIDENTIALITY

The University will keep confidential the identity of any individual who has made a report or complaint of sex discrimination, including any individual who has made a report or filed a Formal Complaint of Title IX Sexual Harassment, any Complainant, any individual who has been reported to be the perpetrator of sex discrimination, any Respondent, and any witness, except as may be permitted by the FERPA statute, 20 U.S.C. 1232g, or FERPA regulations, 34 CFR part 99, or as required by law, or to carry out the purposes of 34 CFR part 106, including the conduct of any investigation, hearing, or other proceeding arising thereunder.

The University recognizes that privacy is important. The University will attempt to protect parties’ privacy to the extent reasonably possible. The Title IX Coordinator, investigators, advisors, facilitators of informal resolution, hearing officers, and any others participating in the process on behalf of the University shall keep the information obtained through the process private and, to the extent possible, confidential. All other participants in the process (including the Complainant, Respondent, non-University advisors, and witnesses) are encouraged to respect the privacy of the parties and the confidentiality of the proceedings and circumstances giving rise to the dispute and to discuss the matter only with those persons who have a genuine need to know.

While the University is committed to respecting the confidentiality of all parties involved in the process, it cannot guarantee complete confidentiality. Examples of situations in which confidentiality cannot be maintained include, but are not limited to, the following:

• When the University is required by law to disclose information (such as in response to a subpoena or court order).
• When disclosure of information is determined by the Title IX Coordinator to be necessary for conducting an effective investigation of the claim.
• When confidentiality concerns are outweighed by the University’s interest in protecting the safety or rights of others.
• When a Formal Complaint is filed.

Emory & Henry University forbids retaliation against an individual for making a report of Prohibited Conduct under this policy or for participating in an investigation of an alleged violation of this policy.

The Policy also prohibits retaliation against an individual: (1) who makes a report or files a Formal Complaint of Title IX Sexual Harassment; (2) about whom a report is made or against whom a Formal Complaint is filed; (3) who participates in the reporting, investigation, or adjudication of possible violations of this Policy; or (4) who engages in good faith opposition to what another individual reasonably believes to be Title IX Sexual Harassment under this Policy.

Title VII/FHA Sexual Harassment applies to situations where an employee is subjected to workplace sexual harassment or where a situation involves a residential Complainant in Recipient-provided housing.

1.  Unwelcome verbal, written, graphic, and/or physical conduct;
2.  that is severe or pervasive and objectively offensive;
3.  on the basis of sex/gender, that
4.  unreasonably interferes with, limits, or effectively denies an   individual’s educational or employment access, benefits, or   opportunities.

Title IX Sexual Harassment, as an umbrella category, includes the offenses of sexual  harassment, sexual assault, domestic violence, dating violence, and stalking. This  definition applies to all formal complaints that fall within Title IX jurisdiction as determined by the Title IX Coordinator. Sexual harassment includes:

Title IX Sexual Harassment: conduct on the basis of sex that satisfies one or more  of the following –

• A University employee (including a faculty member) conditioning the provision of an aid, benefit, or service of the University on an individual’s participation in unwelcome sexual conduct.  Also known as quid pro quo sexual harassment.
• Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to a University Education Program or Activity.
• Sexual assault: any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent. Sexual assault can occur between individuals of the same or different sexes and/or genders.
• Domestic violence: a felony or misdemeanor crime of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of Virginia, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of Virginia.
• Dating violence: an act of violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship is determined based on a consideration of the (1) length of the relationship, (2) type of relationship, and (3) frequency of interaction between the persons involved in the relationship.
• Stalking: a course of conduct directed at a specific person that would cause a reasonable person to (1) fear for his/her/their safety or the safety of others, or (2) suffer substantial emotional distress.

Retaliation: an adverse action or other form of negative treatment, including but not limited to intimidation, threats, coercion, discrimination or harassment, carried out in response to a good-faith reporting of or opposition to Title IX Sexual Harassment; an individual’s or group’s participation, including testifying or assisting in the University’s Title IX Procedures; an individual’s or group’s refusal to participate in the University’s Title IX Procedures; or other form of good faith opposition to what an individual reasonably believes to be Title IX Sexual Harassment under this Policy.

Individuals are also protected from retaliation for making good faith requests for accommodations on the basis of religion or disability.

To be a Policy violation, the challenged actions or treatment must be sufficiently serious to discourage a reasonable person from further reporting, participation, or opposition.

Charging an individual with a Policy violation for making a materially false statement in bad faith in the course of the University’s Title IX process does not constitute Retaliation. The exercise of rights protected under the First Amendment also does not constitute Retaliation.

Official with Authority: an official of the University with the authority to institute corrective action on behalf of the University and notice to whom causes the University to respond to Title IX Sexual Harassment. For a full list of University officials that meet this definition, see Appendix A attached to this Policy.

Complainant: an individual who is alleged to be the victim of Title IX Sexual Harassment.

Respondent: the person or office, program, department, or group against whom an allegation or complaint is made; i.e., the individual(s), organizational unit(s), or group(s) who has been reported to be the perpetrator of conduct that could constitute Title IX Sexual Harassment.

Third Party/Reporting Party: an individual who has not experienced, but is aware of the occurrence of Prohibited Conduct and reports the violation.

Report: a notification to the Title IX Coordinator or an Official with Authority, either orally, in writing, by email or, via the Title IX/Sexual Misconduct Report form of the belief that Title IX Sexual Harassment occurred.

Consent: Informed (knowing); Voluntary (freely given); Active (not passive), meaning that through the demonstration of clear words or actions, a person has indicated permission to engage in mutually agreed-upon sexual activity. Consent cannot be obtained by Force. Force includes (a) the use of physical violence, (b) threats, (c) intimidation, and/or (d) coercion.

University Education Program or Activity: all operations of the University, including (1) those locations, events, and circumstances where the University exercises substantial control and (2) any building owned or controlled by a student organization recognized by the University. Conduct that occurs on-campus occurs within the University’s Education Program or Activity. Conduct that occurs off campus in locations or at events with no connection to the University is unlikely to occur in the University’s Education Program or Activity.

Formal Complaint: a document filed by a Complainant or signed by the Title IX Coordinator alleging Title IX Sexual Harassment against a Respondent and requesting that the University investigate the allegation of Title IX Sexual Harassment. A Formal Complaint may be filed with the Title IX Coordinator in person, by mail, by email, or via the Formal Complaint Reporting Form.

Incapacitation: means that a person lacks the ability to make informed, rational judgments about whether or not to engage in sexual activity. Consent cannot be gained by taking advantage of the diminished capacity of another, where the person initiating sexual activity knew or reasonably should have known that the other person’s capacity was diminished. A person may have diminished capacity as a result of consumption of alcohol or other drugs.

Confidential Employee: (1) an employee that is a licensed medical, clinical, or mental health professional and ordained clergy (e.g., physicians, nurses, physician’s assistant, psychologist, psychiatrists, professional counselors, women’s center director) when acting in that professional role in the provision of services to a patient who is a student.

Responsible Employee: any University employee who is not a confidential employee. A responsible employee is required by University policy to immediately report to the University’s Title IX Coordinator all relevant details (obtained directly or indirectly) about an incident of prohibited conduct that involves any student, faculty or staff, as a complainant, respondent, and/or witness, including dates, times, locations, and names of parties and witnesses.

Student: an individual who was selected for part-time, full-time, special, associate, transfer, exchange, or any other enrollment, membership, or matriculation in or at the University.

Retaliation: any adverse action or threat taken or made against an individual, including through third parties and/or legal counsel, for making a report of prohibited conduct or participating in any investigation or proceeding related to this policy. (Applies to both parties)

Amnesty: All students, acting in good faith, who disclose any incident of prohibited conduct under these procedures to a university official or to a law enforcement shall not be subject to action under the University’s Campus Code of Conduct for violation of alcohol and/or drug use occurring at or near the time of the commission of the prohibited conduct. The University will address this by providing support, education, and resources to the student(s).

Advisor: Students involved in a Title IX report and/or investigation are entitled to a support person who can be present with them during meetings and interviews and provide moral support. The person chosen can be a University employee or someone not affiliated with the University.

Interim Measures: are those services, accommodations, or other assistance that the University puts in place for complainants after receiving notice of alleged sexual misconduct but before any final outcomes—investigatory, disciplinary, or remedial—have been determined. (e.g. changes to class schedules, work schedule, living arrangements, etc.)

No Contact Order: prohibits a person from being in physical or verbal contact with someone and includes contact through Third Parties or through the use of technology (text messages, social media, etc.). The No Contact Order does not preclude necessary academic collaboration.

Supportive Measures are non-disciplinary, non-punitive individualized services, accommodations, and other assistance that the University offers and may put in place, without fee or charge, after receiving notice of possible Title IX Sexual Harassment via a report to the Title IX Coordinator or an Official with Authority. Supportive Measures are designed to restore or preserve access to the University’s Education Program and Activity, protect the safety of all parties and the University’s educational environment, or deter Title IX Sexual Harassment, while not being punitive in nature or unreasonably burdening any party.

Supportive Measures are available regardless of whether the matter is reported to the University for the purpose of initiating any formal grievance proceeding and before, after, and regardless of whether a Formal Complaint is filed. A Complainant who requests Supportive Measures retains the right to file a Formal Complaint, either at the time the Supportive Measure is requested or at a later date. Any Complainant that requests Supportive Measures will be informed in writing of their right to simultaneously or subsequently file a Formal Complaint pursuant to this Policy.

The Title IX Coordinator will contact a Complainant after receiving notice of possible Title IX Sexual Harassment (1) to discuss the availability of Supportive Measures and (2) to explain that Supportive Measures are available with or without the filing of a Formal Complaint of Title IX Sexual Harassment. The Title IX Coordinator will consider the Complainant’s wishes with respect to implementation of Supportive Measures.

Supportive Measures may also be requested by and made available to Respondents, witnesses, and other impacted members of the University community. The Title IX Coordinator will ultimately serve as the point of contact for any individual requesting Supportive Measures.

To determine the appropriate Supportive Measure(s) to be implemented, the University conducts an individualized assessment based on the unique facts and circumstances of a situation. Whether a possible Supportive Measure would unreasonably burden the other party is a fact-specific determination made by the University in its discretion that takes into account the nature of the education programs, activities, opportunities and benefits in which an individual is participating.

Examples of Supportive Measures include, but are not limited to, the following:

• Academic support services and accommodations, including the ability to reschedule classes, exams and assignments, transfer course sections, or withdraw from courses without penalty;

• Academic schedule modifications (typically to separate Complainant and Respondent);

• Work schedule or job assignment modifications (for University employment);

• Changes in work or housing location;

• An escort to ensure safe movement on campus;

• On-campus counseling services and/or assistance in connecting to community-based counseling services;

• Assistance in connecting to community-based medical services;

• Mutual no contact directives (to instruct individuals to stop all attempts at communication or other interaction with one another);

• Placing limitations on an individual’s access to certain University facilities or activities;

• Work schedule or job assignment modifications, including suspending employment with or without pay consistent with any applicable written procedures (for University positions);

• Information about and/or assistance with obtaining personal protection orders;

• Leaves of absence;

• Increased monitoring and security of certain areas of the campus; or

• A combination of any of these measures.

The University will maintain Supportive Measures provided to the Complainant or Respondent as confidential to the extent that maintaining such confidentiality would not impair the University’s ability to provide the Supportive Measures.

Emory & Henry has invested in the training of all employees involved in the Title IX processes.

Title IX Coordinator Training

Brandy Caldwell, Compliance Officer and Title IX Coordinator, has completed the following trainings:

• Title IX Compliance Learning Path (2024–2025) – Student Conduct Institute (SUNY), March 17–19, 2025

• Title IX Coordinator ONE: Foundations – ATIXA National Conference, October 27–31, 2024

• Title IX Coordinator TWO: Advanced – ATIXA National Conference, October 27–31, 2024

• Advanced ADA/Section for Higher Education - ATIXA National Conference, October 28, 2024

• To Sign or Not to Sign: Evaluating Title IX Complaints as an Institution, ATIXA, January 23, 2025

Certificates of completion are on file in the Office of the Title IX Coordinator and the Office of Human Resources.

Third-Party Investigators and Decision-Makers

Emory & Henry University contracts with Grand River Solutions to provide impartial, third-party professionals to serve as investigators and decision-makers.

• Investigator: Ericka Lewis – Grand River Solutions
  Training Links: Saul Ewing Title IX Training 8.31.20, Duke University OIE Investigator Training 1.27.23, Hostile Environment Basics 9.26.24, Investigations (Fact-Gathering Only) June 2024

• Investigator: Jennifer Cobb - Grand River Solutions                                                Training Links: AGs Title IX Training August 2020, TIX Mediator Training,  November 2020, Investigator Training June 2021, Conducting Trauma-Informed  Investigations, Supporting Your Primary Witnesses, What is Severe, Pervasive, Objectively Offensive, Navigating Credibility, Reliability & Authenticity When Assessing Evidence

• Decision-Maker: Alison Nygard – Grand River Solutions
  Training Links: 2020 Annual Title IX Training Series, UCSB Hearing Officer Training 8.9.23, Hearing in a Post Regulatory World March 2022, Report Writing Workshop April 2022

All Grand River Solutions staff are trained in compliance with Title IX and institutional procedures. 

Additional Training

• Title IX Investigators, Advisors, and Decision-Makers also complete training through the Student Conduct Institute (SCI) at SUNY.

• All Emory & Henry employees and students complete annual Title IX training through Vector Solutions and receive training during onboarding and orientation.

 

For additional information in regard to our training materials and accessibility, please email bcaldwell@emoryhenry.edu.