Title IX Statement
What is Title IX?
Title IX of the Education Amendments of 1972 prohibits sex discrimination in educational programs and activities. Title IX is a federal regulation stating that “no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of or be subject to discrimination under any education program or activity receiving federal financial assistance.”
20 U.S.C. § 1681 & 34 C.F.R. Part 106
What is sex discrimination?
- Sex discrimination can take on many forms. Examples of sex discrimination include:
- Unequal treatment in educational programs or employment on the basis of sex.
- Sexual harassment, such as unwelcome sexual advances, stalking or harassment on social media.
- Sexual violence, such as sexual assault, dating violence or domestic violence.
Who needs to comply with Title IX?
- Faculty, staff and administrators
- Third party service providers
- All members of the University community
What to expect
When a report of an alleged Title IX violation is submitted, the Title IX Coordinator will initiate the Title IX/Sexual Misconduct investigation process. All parties involved will be expected to participate in the investigation. The Title IX/Sexual Misconduct Process is separate from the criminal system. Victims of certain Title IX violations are encouraged to file a report with the Glendale Police Department or local law enforcement where the alleged incident occurred. The decision to file a report or pursue criminal action is entirely up to the victim. The Title IX/Sexual Misconduct process is designed to provide all parties with a decision upon completion of a fair and thorough investigation. For complete information on the Title IX/Sexual Misconduct Process, please consult the Student Handbook.
For the purposes of Title IX, ACU uses the definitions of Sexual Assault, Dating Violence, Domestic Violence, and Stalking provided under the Clery Act and Violence Against Women Act (VAWA). The following Clery Act and VAWA definitions were derived from The Handbook for Campus Safety and Security Reporting, 2016 Edition, published by the U.S. Department of Education, Office of Postsecondary Education, Washington, D.C.: https://www2.ed.gov/admins/lead/safety/handbook.pdf
The Final Rule defines sexual harassment broadly to include any of three types of misconduct on the basis of sex, all of which jeopardize the equal access to education that Title IX is designed to protect:
- Any instance of quid pro quo harassment by a school’s employee;
- Any unwelcome conduct that a reasonable person would find so severe, pervasive, and objectively offensive that it denies a person equal educational access;
- Any instance of sexual assault (as defined in the Clery Act), dating violence, domestic violence, or stalking as defined in the Violence Against Women Act (VAWA).
- Rape is 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 victim. This offense includes the rape of both males and females.
- Fondling is the touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.
- Incest is sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
- Statutory Rape is sexual intercourse with a person who is under the statutory age of consent.
- Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
- Dating violence does not include acts covered under the definition of domestic violence.
- 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 the jurisdiction in which the crime of violence occurred;
- 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 the jurisdiction in which the crime of violence occurred.
- Fear for the person’s safety or the safety of others; or
- Suffer substantial emotional distress.
- Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
- Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.
- Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily require medical or other professional treatment or counseling.
HOW TO MAKE A NON-CONFIDENTIAL REPORT
All members of the University community are strongly encouraged to submit a report of sex discrimination to the University’s Title IX Coordinator by emailing [email protected]
ACU’s Title IX Coordinator is:
Chief John Hoebee
Campus Safety Office, Building 1100
Note: All faculty, staff and student employees who have supervisory authority, who receive complaints of sex discrimination, sexual harassment, sexual violence, domestic violence, dating violence, or stalking, are obligated to report complaints to their supervisor or department head and/or the Title IX Coordinator.
HOW TO MAKE A CONFIDENTIAL REPORT
Members of the University community who wish to speak with someone in confidence about an incident of sex discrimination are encouraged to speak with members of the Counseling Services staff or the Campus Pastor. These professionals have a privilege to withhold information, to the extent consistent with the law, only where they are acting in the scope of their license or certification for these functions and/or working in their professional capacity.
Campus Pastor Dr. Jason Hubbard:
Office of Campus Safety
Arizona Christian University
1 W. Firestorm Way
Glendale, AZ 85306