Title IX FAQs

Under this Policy, Prohibited Conduct is defined as conduct that is deemed, by a preponderance of the evidence standard, to meet the definitions of Sex Discrimination, Sexual Harassment, or Sexual Violence as described below.

Sex discrimination prohibited by this Policy is defined as the exclusion from participation in, denial of benefits from, or subjection to unfavorable treatment in any University educational or employment-related program or activity on the basis of sex, gender.

Sexual harassment prohibited by this Policy is defined as conduct based on sex, gender which may include acts of aggression, intimidation, or hostility, whether verbal or non-verbal, graphic, physical, or otherwise, even if the acts do not involve conduct of a sexual nature, that satisfy one or more of the following:

• A University employee makes submission to or rejection of unwelcome sexual conduct, either explicitly or implicitly, a term or condition of a person’s employment, academic standing, or participation in any University programs and/or activities or is used as the basis for University decisions affecting the individual (often referred to as “quid pro quo” harassment); or
• Unwelcome conduct based on sex, gender that is determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the University’s educational programs or activities or creates a hostile working environment; or
• Sexual assault, dating violence, domestic violence, or stalking as those terms are defined below.
• · Sexual Violence (which also constitutes sexual harassment under this Policy) is defined to include sexual assault/rape, sexual assault/fondling, incest, statutory rape, sexual exploitation, intimate partner violence (composed of dating violence and domestic violence), and stalking.
• Sexual Assault/Rape (non-consensual sexual penetration): The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the Complainant. Attempts to assault or commit sexual assault are also included; however, statutory rape and incest are excluded.
• Sexual Assault/Fondling (non-consensual sexual contact): The intentional touching of another person’s clothed or unclothed body parts without consent, for the purpose of sexual degradation, sexual gratification, or sexual humiliation. This definition explicitly applies when the victim is incapable of giving consent due to age, mental or physical impairment (temporary or permanent).
• Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
• Statutory Rape: Sexual intercourse with a person who is under the statutory age of consent. The age of consent is determined by the applicable age of consent for the jurisdiction where the alleged sexual intercourse occurred. In Alabama, the age of consent is 16 years old.
• Sexual Exploitation: Taking non-consensual or abusive sexual advantage of another for one’s own advantage or benefit or to benefit a person other than the one being exploited. Examples of sexual exploitation include, but are not limited to:
  • Causing or attempting to cause the incapacitation of another individual for sexual purposes;
  • Electronically recording, videoing, photographing, or transmitting sexual sounds or images of another individual against that person’s will or without their consent;
  • Allowing a third-party to observe sexual acts without all parties’ consent;
  • Prostituting another individual;
  • Exposing one’s genitals without consent for the purpose of sexual gratification;
  • Intentionally exposing another’s genitals or intimate body parts without their consent;
  • Engaging in voyeurism (e.g., watching private sexual activity without the consent of the participants or viewing another person’s intimate parts (including genitalia, breasts, or buttocks) in a place where that person would have a reasonable expectation of privacy);
  • Possessing and/or disseminating child pornography; or
  • Knowingly exposing another individual to a sexually transmitted disease/infection or HIV without their consent.
• Intimate partner violence – Dating violence: Violence committed by a person who is or has been in a social or “dating” relationship of a romantic, intimate, and/or sexual nature with the victim. The existence of such a relationship shall be determined based on a consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
• Intimate partner violence – Domestic violence: 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 Alabama, 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 Alabama.
• Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to (a) fear for his or her safety or the safety of others; or (b) suffer substantial emotional distress.

Title IX is a federal civil rights law that prohibits discrimination on the basis of sex in educational programs and activities that receive federal financial assistance.

Title IX protects students, employees, applicants, and other individuals participating in an institution's educational programs or activities from sex-based discrimination and harassment.

This includes protection against:

• Sex discrimination
• Sexual Exploitation
• Sexual Harassment
• Sexual Assault
• Dating Violence
• Domestic Violence
• Stalking
• Pregnancy and related conditions discrimination
• Retaliation against individuals who report discrimination or participate in a Title IX process

In addition to responding to reports of prohibited conduct, educational institutions are required to provide a prompt and equitable process for addressing complaints, offer supportive measures to affected individuals, and take appropriate steps to prevent and remedy sex-based discrimination and harassment.

Title IX helps ensure that all individuals have equal access to educational opportunities and can learn and work in an environment free from sex discrimination and harassment.

Sexual harassment prohibited by this Policy is defined as conduct based on sex, gender which may include acts of aggression, intimidation, or hostility, whether verbal or non-verbal, graphic, physical, or otherwise, even if the acts do not involve conduct of a sexual nature, that satisfy one or more of the following:

A University employee makes submission to or rejection of unwelcome sexual conduct, either explicitly or implicitly, a term or condition of a person’s employment, academic standing, or participation in any University programs and/or activities or is used as the basis for University decisions affecting the individual (often referred to as “quid pro quo” harassment); or

Unwelcome conduct based on sex, gender that is determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the University’s educational programs or activities or creates a hostile working environment; or

Sexual assault, dating violence, domestic violence, or stalking as those terms are defined below.

When is conduct considered unwelcome?

Conduct is considered unwelcome when an individual does not invite or request it and considers the conduct to be offensive or undesirable.

Conduct is considered unwelcome when an individual does not invite or request it and considers the conduct to be offensive or undesirable.

The term "consent" when describing different types of Prohibited Conduct (such as sexual assault) means a clear willingness to participate in the sexual act (e.g., clear communication through words or actions). While consent may be expressed by words or by actions, it is highly recommended that consent be expressed and obtained verbally. Non-verbal consent expressed through actions may lead to confusion and potential for misunderstandings, which may lead to a violation of this Policy. It is the responsibility of the initiator of any sexual activity to obtain consent. Consent to any sexual activity must be freely given.

Consent to a sexual act is not freely given if an individual is not capable of consenting, or if consent is obtained by force, threats, deception, or coercion. A lack of verbal or physical resistance does not grant consent. Previous consent does not grant consent to future sexual acts. Consent can be withdrawn at any time during a sexual act. Inability to give consent includes situations where an individual is:

Incapacitated due to alcohol, drugs, or other substances including, but not limited to, prescription medication

Unconscious, asleep, or in a state of shock

Under the age of consent as defined by the jurisdiction in which the act occurred, which, in Alabama, is less than 16 years of age

Mentally or physically impaired and not reasonably able to give consent

In incidents involving the use of alcohol, drugs, or other mind-altering substances, the totality of the circumstances shall be analyzed to determine whether the use of those substances caused a party to be unable to consent to sexual activity. Factors the University will consider include, but are not limited to, the following:

Whether a party was conscious or unconscious;

Whether a party became sick due to intoxication;

including inability to communicate, slurred speech, lack of coordination in walking or performing simple tasks, or any other evidence indicative of impaired cognitive functioning; or

Whether a Respondent knew or reasonably should have known of a Complainant’s ability or inability to give consent due to the use of alcohol, drugs, or other mind-altering substances.

Mentally or physically impaired and not reasonably able to give consent

The existence of any one of these factors may support a finding that a party was unable to consent to sexual activity. The mere fact that an individual was under the influence of alcohol, drugs, or other mind-altering substances

The university's Title IX coordinator is responsible for ensuring the university complies and carries out its responsibilities under Title IX. All questions and inquiries concerning SNHU's policies for the prevention of sexual harassment and sexual violence under Title IX should be referred to SNHU's Title IX coordinator.

The Title IX coordinator provides oversight on policies, preventive educational programs, resources and services required under Title IX, and in addition, oversees all complaints of sexual misconduct, as well as identifies and addresses any patterns or systematic problems that arise during the review of complaints.

A student or employee should contact the Title IX coordinator in order to:

• Seek information or training about victim's rights
• Seek information on procedures available to resolve reports or complaints that involve sex discrimination, including sexual misconduct
• File a complaint or make a report of sex discrimination, including sexual misconduct
• Notify the university of an incident or policy or procedures that may raise potential Title IX concerns
• Seek guidance on possible informal remedies or administrative measures to alleviate a difficult situation
• Get information about available resources (including confidential resources)
• Get information about support services relating to sex discrimination, including sexual misconduct
• Ask questions about the university's policies and procedures related to sex discrimination, including sexual misconduct

Bystander intervention is the act of assisting someone in an emergency or non-emergency situation. The university encourages all community members to take reasonable and careful actions to prevent or stop an act of sexual misconduct. Taking action may include direct intervention where it is safe to do so, creating a distraction, calling law enforcement or seeking assistance from a person in authority.

Retaliation is any action that has the effect of punishing a person for engaging in a legally protected activity under Title IX, such as alleging Prohibited Conduct, filing a Formal Complaint, assisting or participating in an investigation, proceeding or hearing of such a Formal Complaint, refusing to participate in any manner in an investigation, proceeding or hearing under this Policy or advocating for others' Title IX rights. Examples of retaliatory actions include suspension, demotion, or termination in the employment context; lowering a grade or dismissing a student from a program; or maliciously and purposefully interfering with, threatening, or damaging the academic or professional career of another individual before, during, or after the investigation and resolution of a Report or Formal Complaint of Prohibited Conduct. This Policy prohibits retaliation in the form of harassment, intimidation, threats, or coercion, or in the form of any materially adverse harm that would dissuade a reasonable student, employee, or third party from filing a complaint or participating in a Prohibited Conduct related investigation or hearing.

Intimidation, threats, coercion, or discrimination, including bringing charges against an individual for violating other UAH policies that do not involve sex discrimination or sexual harassment but arise out of the same facts or circumstances as a Report or Formal Complaint of sexual harassment, for the purposes of interfering with any right or privilege secured by Title IX constitutes retaliation. Please see the University’s 06.09.03 Duty to Report and Protection from Retaliation Policy.

Individuals wishing to report a concern or file a report of discrimination and/or harassment are encouraged to do so as soon as possible following the incident(s). The Office of Title IX can accept reports at any time, however the more time that has passed reduces our ability to speak with witnesses and gather information. Make a report.

Reports of discrimination and/or harassment are treated with the greatest degree of privacy possible. In all reports of discrimination or harassment, information is only shared with others on a need-to-know basis for the review, assessment, investigation, and adjudication of the report.

The term “Supportive Measures” refers to non-disciplinary, non-punitive individualized services offered by the University as appropriate, as reasonably available, and without fee or charge to the Complainant or the Respondent before or after the filing of a Formal Complaint or where no Formal Complaint has been filed. Such measures are designed to restore or preserve equal access to the education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the University’s educational environment, or deter Prohibited Conduct. Supportive measures cannot punish or discipline the Respondent.

The range of potential supportive measures include:

• Imposition of a mutual “No-Contact Order”;
• Extensions of deadlines;
• Rescheduling of exams and assignments;
• Providing alternative course completion options;
• Modification or change in class schedule, including the ability to drop a course without penalty or to transfer;
• Change in work schedule or job assignment;
• Change in student’s campus housing;
• Leaves of absence;
• Assistance from University support staff in completing housing relocation;
• Limiting access to certain University facilities or activities pending resolution of the matter;
• Voluntary leave of absence;
• Providing academic support services, such as tutoring;
• Institutional resources pertaining to visa/immigrant status;
• Escort services;
• Increased security and monitoring of certain areas of the campus or similar measures;
• University-imposed leave, emergency removal, or separation for the Respondent; and
• Any other measure that can be tailored to the involved individuals to achieve the goals of this Policy.

Yes

If the incident involves a UAH student, it should still be reported, because it may affect employment or educational access, and the Title IX Coordinator(s) can still assist the involved parties.

The Title IX Policy applies to acts of Prohibited Conduct committed by or against students, employees, and third parties of which the University has Actual Knowledge and when: The conduct occurs outside the context of the University’s employment or education programs or activities, but the Complainant has to interact with the Respondent while on campus or property owned or controlled by the University or in any employment or education program or activity or where the effects of the underlying Prohibited Conduct creates a hostile environment in the Complainant’s workplace or educational environment.