What does Title IX Prohibit?
What types of conduct should I report?
- First, all three of the threshold requirements must be met.
- Then you need to review the definitions of prohibited conduct and decide what kind(s) of sexual harassment occurred.
Prohibited Conduct Defined
If the sexual harassment meets all three of the threshold requirements listed above, then the reports needs to include what kind of sexual harassment occurred.
The reported behavior must meet all of the elements of at least one of the following types of prohibited conduct to qualify as sexual harassment under the Sinclair Title IX Sexual Harassment and Sex Discrimination Procedure. Please contact the Title IX Office if you need assistance in determining what kind of harassment occurred.
Below are six types of sexual harassment as defined under federal law, 34 CFR Part 106.30(a):
Threshold Requirements
The threshold requirements include all of the following:
- The conduct was aimed at a person in the United States; and
- The conduct happened during a Sinclair education program or activity. This means that the conduct must have occurred either:
- at a Sinclair location or event, or other circumstances where Sinclair had substantial control over attendess and the context in which the sexual harassment occurs or,
- in a building owned or controlled by a student organization that is officially recognized by Sinclair; and
- The Complainant must be participating in or attempting to participate in the education program or activity at the time the sexual harassment conduct occurred.
Types of Prohibited Conduct (with examples)
Quid Pro Quo sexual harassment is conduct on the basis of sex that where a Sinclair employee conditions a provision of aid, benefit, or service of Sinclair on an individual’s participation in unwelcomed sexual conduct.
For example, if an instructor states that the student will earn an “A” in the class if the student provides sexual favors to the instructor, this is quid pro quo harassment.
Sexual harassment is conduct based on sex that includes unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature.
Sex-based harassment can be carried out by school employees and other students, and all students can experience sex-based harassment, including male and female students, LGBT students, students with disabilities, and students of different races, national origins, and ages. Title IX protects all students from sex-based harassment, regardless of the sex of the parties, including when they are members of the same sex.
When unwelcome conduct of a sexual nature creates a hostile environment if the conduct is sufficiently serious that it denies or limits a reasonable person's ability to participate in or benefit from Sinclair's programs and activities.
For example, Chuck and Kathy both work for Sinclair in the same group. Chuck has a crush on Kathy and often makes sexual remarks to her about her body, including remarks about what he intends to do her once he has her in bed. This behavior continues until Kathy is afraid to be around Chuck and can no longer work with him.
Sexual Assault is defined as a forcible or non-forcible sex offense or attempted forcible or non-forcible sex act directed against another person, without the consent of the complainant.
This includes instances where the complainant is incapable of giving consent.
Sexual assault is an umbrella term that includes: non-consensual sexual contact, non-consensual sexual penetration, incest, and statutory rape as classified under the Uniform Crimes Reporting system of the FBI.
Dating violence is conduct based on sex that consists of violence committed by a person who is or has been in a romantic or intimate relationship with the complainant. The existence of such a romantic or intimate relationship is determined by the length of the relationship, the type of relationship, and the frequency of interactions between the individuals involved in the relationship.
For example, if a student reports to her instructor that she just argued with her boyfriend in the Sinclair parking garage, and her boyfriend slapped her in the face, this would be an example of dating violence.
Domestic Violence is conduct on the basis of sex that consists of a felony or misdemeanor crime of violence committed by:
(a) A current or former spouse or intimate partner of the victim,
(b) A person with whom the victim shares a child in common,
(c) A person who is cohabitating with, or has cohabitated with,
the victim as a spouse or intimate partner,
(d) A person similarly situated to a spouse of the victim under
the domestic/family violence laws of the jurisdiction
(e) Any other person against an adult or youth victim who is
protected from that person’s acts under the domestic/family
violence laws of the jurisdiction.
Stalking is conduct based on sex that consists of behaviors directed at a specific person that would cause a reasonable person to: (A) fear for the person’s safety or the safety of others; or (B) suffer substantial emotional distress.
For purposes of the definition of Stalking under this Policy:
- A “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.
- A “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.
For example, John and Jane date for 6 months, and then break up. John starts waiting outside of Jane’s classes to convince her to get back together with him. He often follows her to the cafeteria, the library, and the parking garage. He comments that she will be sorry she broke up with him. This causes Jane emotional stress. It doesn't matter whether or not John intends to make Jane fearful, and it doesn't matter if Jane is masking her fear with anger and frustration. John's behavior constitutes stalking.