Title IX of the Education Amendments of 1972 is a federal law that prohibits sex discrimination in education. Sex discrimination includes sexual harassment and sexual assault.
Emmanuel College is committed to providing its students, faculty and staff with a working and learning environment in which all people are treated with respect and dignity. Each person has the right to work and be educated in an atmosphere that is free from all forms of sex/gender harassment, discrimination and misconduct, examples of which can include acts of sexual violence, sexual harassment, domestic violence, dating violence, and stalking. All members of the campus community are expected to conduct themselves in a manner that does not infringe upon the rights of others.
Title IX New Regulations
In May of 2020, the Department of Education released new regulations for Title IX compliance. The College is committed to affording all parties due process in our procedure and to retaining industry best practices in policies that prohibits additional forms of sex and gender-based misconduct not covered by the new Title IX regulations. The College has a responsibility to ensure that all students, staff, faculty, and visitors can enjoy the benefits and opportunities the College has to offer in an environment free from discrimination on the basis of sex, including sexual assault and sexual harassment.
The term “Sexual Harassment” is defined pursuant to 34 CFR Part 106 as:
Unwelcome conduct on the basis of sex “determined by a reasonable person to be so severe, pervasive, and objectionably offensive that it effectively denies a person equal access to the school’s education program or activity”; an employee conditioning the provision of aid, benefit, or service on an individual’s participation in unwelcome conduct(quid pro quo); or sexual assault (as defined by the Clery Act), dating violence, domestic violence, or stalking (as defined by the Violence Against Women Act (VAWA)). The alleged conduct must have occurred in the United States within an Emmanuel College education program or activity, which includes “locations, events or circumstances over which the school exercises substantial control over both the respondent and the context in which the sexual harassment occurred.”
The College will not tolerate sexual harassment in any form or related retaliation against or by any employee or student. The College recognizes that discrimination and harassment related to a person’s sex can occur in connection with misconduct related to a person’s sexual orientation, gender identity, gender expression, race, color, ethnicity, national origin, religion, age, disability, or other protected classes. Targeting a person based on these characteristics is also a violation of state and federal law and the College’s Harassment and Discrimination Policy. As appropriate, the College will endeavor to coordinate the investigation and resolution of sexual harassment complaints with the investigation and resolution of complaints of discrimination or harassment based on other protected classes. There is a presumption that the Respondent is not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance process.
There is a presumption of innocence throughout the grievance process, with the burden on the college to gather information and to prove the alleged conduct meets the definition of sexual harassment pursuant to Title IX.
Duty of Good Faith
Emmanuel College prohibits any member of the Emmanuel community from knowingly or recklessly bringing a false complaint against another member of the Emmanuel community. Any such action can lead to disciplinary action, up to and including dismissal from the College as a student or employee.
While compliance with the law is everyone's responsibility at the College, click here for a list of community members who have primary responsibility for Title IX compliance.
To access College Policies, including a downloadable version of Emmanuel's Title IX Policies, click here.