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Title IX Explained

Title IX of the Education Amendments of 1972 protects people from discrimination based on sex in education programs and activities that receive federal financial assistance.

The Title IX regulation describes the conduct that violates Title IX. Examples of the types of discrimination that are covered under Title IX include sexual harassment, the failure to provide equal opportunity in athletics, and discrimination based on pregnancy. To enforce Title IX, the U.S. Department of Education maintains an Office for Civil Rights, with headquarters in Washington, DC and 12 offices across the United States.

SOURCE: U.S. Department of Education, Office for Civil Rights. Title IX and Sex Discrimination.

  • Title IX prohibits sexual harassment and violence.
  • Title IX prohibits sex-based discrimination in education programs and activities receiving federal financial assistance;
  • Title IX applies to all public and private education institutions receiving federal financial assistance;
  • Sexual harassment, including sexual violence, is a form of sex discrimination covered by Title IX.
  • “Education programs and activities” includes all of a school’s operations, including school-sponsored activities or travel that occurs away from school;
  • Title IX’s protection applies to third parties who participate in a school’s education programs or activities. Examples include:
    • A high school student participating in a College’s recruitment program
    • A visiting high school or college student 
    • A visitor in the campus bookstore.

Title IX Compliance at Zane State College

Zane State College strongly opposes and will not tolerate any form of harassment or discrimination, which includes sexual misconduct, on the basis of age, color, disability, national origin, race, religion, sex, sexual orientation, gender identity, military status, or veteran status. This prohibition extends to discrimination or harassment based on the protected classes and includes the creation of an intimidating, hostile, or offensive working or learning environment. The College will take immediate steps to investigate and take appropriate corrective measures to ensure this policy is enforced.

At Zane State College the Office of Human Resources is the College’s designated office for compliance with federal statutes including: Titles VI, VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Americans with Disabilities Act of 1990, Age Discrimination in Employment Act of 1967, Pregnancy Discrimination Act of 1978, Age Discrimination Act (students), Executive Order 11246, Sections 503 and 504 of the Vocational Rehabilitation Act of 1973, and Vietnam Era Veterans’ Readjustment Act of 1974, and regulations of the office of federal contract compliance program.

In April 2011, the Office for Civil Rights issued a “Dear Colleague” letter explaining to schools, colleges, and universities their obligations, under Title IX, to take immediate and effective steps to eliminate sexual harassment, including sexual violence.

Supreme Court decisions dealing with Title IX and sexual harassment of students in private lawsuits for monetary damages:

  • Gebser v. Lago Vista Independent School District 524 U.S. 274 (1998)
  • Davis v. Monroe County Bd. Of Education, 526 U.S., 629 (1999).

Title IX Statistics (Facts)

According to a study on sexual assaults on college campuses:

  • 20-25% of women are victims of rape or attempted rape during their time in college.
  • Approximately 6.1% of men experience an attempted or completed sexual assault while in college.
    • The Campus Sexual Assault Study Final Report, (Krebs, Lindquist, Warner, Fisher, & Martin, 2007)
  • In 2009, college campuses reported nearly 3,300 forcible sex offenses as defined by the Clery Act.
  • 9 out of 10 college victims of completed and attempted rapes knew their attacker.
    • The Sexual Victimization of College Women, (Fisher, Cullen & Turner 2000)
  • On average, at least 50% of sexual assaults of college students involve the use of alcohol or other drugs by the perpetrator, victim, or both.
    • (Krebs et al., 2007); and Alcohol-Related Sexual Assault: A Common Problem Among College Students (Abbey, 2002)

Implications of Title IX

  • Jeopardizes students’ academic achievement
  • Undermines the students’ physical and emotional well-being
  • Sexual assault victims are more likely to suffer from depression, post-traumatic stress disorder, to abuse alcohol and drugs, and to contemplate suicide.

Process (Protocol)

Once we have notice of possible sexual harassment or violence, we must:

  • Take immediate and appropriate steps to investigate or otherwise determine what occurred; and
  • Take prompt and effective steps reasonably calculated to end any harassment or violence.
  • What constitutes a reasonable response to information about possible sexual harassment or sexual violence will differ depending on the circumstances.

The Zane State College protocol:

  • Upon receipt of a formal or informal report of discrimination or harassment, such complaint will be appropriately documented. The Office of Human Resources or its designee will conduct a prompt and impartial assessment of such report.
  • While taking into consideration the sensitive nature of these matters, it will usually be necessary for the College to conduct an investigation in order to determine what action may be warranted.

The following steps will be taken in an investigation:

  • Interim measures to prevent continued discrimination or harassment will be considered and implemented during the    investigation period as deemed appropriate.
  • Relevant witnesses, including the alleged harasser, the complainant, and all witnesses, will be identified and separately interviewed.

Following the investigation:

After all information and evidence is objectively gathered and analyzed, a written summary/report will be forwarded to the President of the College. Before imposition of discipline, the accused will be given notice of the charges against him or her and provided an opportunity to respond to the allegations and to present a defense in accordance with other relevant College policies and, when applicable, the Student Code of Conduct. The student disciplinary process is also presented in the Student Code of Conduct.

Contact Information

  • Any person who believes he or she has been a victim of discrimination or harassment is strongly encouraged to pursue relief by reporting the discriminatory or harassing behavior to the appropriate individual(s). Complainants are encouraged to report such behavior within 60 calendar days of the alleged discrimination. Reports may be made directly to:
  • Zanesville Campus Security (cell phone): 740-683-3584
  • Individuals can also call ext. 1111 on the Zanesville Campus
  • Willet-Pratt Campus Security (cell phone): 740-319-1648
  • Local police (both campuses): 911
  • Campus Safety and Security: 740-588-1383
  • Title IX Coordinator: 740-588-1285

Coordinators

Dr. James Kemper, SPHR
Title IX Coordinator

Vice President for Administration & CHRO

At Zane State College Dr. Kemper oversees four departments including Human Resources, Information Technology Services, Adjunct Services, and Secondary & Strategic Initiatives. Prior to joining Zane State, Kemper was the director of human resources for Longaberger Inc. and director of organization and human resource consulting for The Ohio State University. He also was associate vice president and chief human resources officer at Ohio University for over 20 years. Kemper also has worked for the Anchor Hocking Corporation and as an independent consultant. He has held adjunct teaching roles for Ohio University’s College of Business Administration and for Hocking College.

Dr. Kemper has bachelor and master degrees in business administration from Ohio University and an SPHR lifetime certification from the Human Resource Certification Institute in Washington D.C. He received his PhD in higher education administration from Ohio University in 2001. His dissertation, which has been replicated twice, was titled “The Role of the Human Resource Office in the Collegiate Environment: Identifying the Components of Being a Strategic Partner.”

He has published numerous human resources-related articles in trade journals including The Higher Education Workplace, The Business Officer, and Capacity.

Kemper is a member of The Society for Human Resource Management (SHRM), the College and University Professional Association for Human Resources (CUPA-HR), and the Society of Higher Education Human Resource Executives (SHEHRE).

He and his wife, Jenny, have 4 married, grown children and 9 young grandchildren.

 

Dr. Tricia Leggett
Title IX Deputy Coordinator

Tricia Leggett, DHEd., R.T.(R)(QM)

Vice President for Student Success

As Vice President for Student Success, Tricia Leggett serves as the Title IX Coordinator for the area of student services.

 

 

 

 

 

When to Contact a Coordinator

Any person who believes he or she has been a victim of discrimination, harassment, or sexual misconduct is strongly encouraged to pursue relief by reporting the behavior to the appropriate individual(s). Reports can be made directly to the Vice President for Student Success, the Director of Campus Safety & Security, or the Chief Human Resource Officer. The Chief Human Resource Officer serves as the Title IX Officer. Alternatively, a victim may report the behavior to any College faculty or staff member.

Terminology & Definitions

Sexual Assault is any kind of nonconsensual sexual contact, including rape, groping, or any other nonconsensual sexual touching. 1

 

Consent is defined as positive, unambiguous, and voluntary agreement to engage in specific sexual activity throughout a sexual encounter. Consent cannot be inferred from the absence of a “no”; a clear “yes,” verbal or otherwise, is necessary. Consent to some sexual acts does not constitute consent to others, nor does past consent to a given act constitute present or future consent. Consent must be ongoing throughout a sexual encounter and can be revoked at any time.

  • Consent cannot be obtained by threat, coercion, or force. Agreement under such circumstances does not constitute consent.
  • Consent cannot be obtained from someone who is asleep or otherwise mentally or physically incapacitated, whether due to alcohol, drugs, or some other condition. A person is mentally or physically incapacitated when that person lacks the ability to make or act on considered decisions to engage in sexual activity. Engaging in sexual activity with a person whom you know – or reasonably should know – to be incapacitated constitutes sexual misconduct.
  • Intimate Partner Violence (IPV) occurs when a current or former intimate partner uses or threatens physical or sexual violence. IPV also may take the form of a pattern of behavior that seeks to establish power and control by causing fear of physical or sexual violence. Stalking may also constitute IPV.

Conduct of a Sexual Nature

  • Determining whether conduct is of a sexual nature is  very fact specific, but examples may include:
    • Unwelcome sexual advances
    • Requests for sexual favors
    • Comments about an individual’s body, sexual activity, or sexual attractiveness
    • Sexually suggestive touching, leering, gestures, sounds, comments, or displays of sexually suggestive objectives.
  • Such conduct also may be criminal in nature, such as:
  • Rape
  • Sexual assault
  • Sexually motivated stalking

Denies or Limits

To determine whether the conduct denies or limits benefits or service, consider:

  • The conduct from subjective and objective perspectives
  • Whether conduct is sufficiently severe or serious
  • Effect of the conduct on the student’s education
  • All other relevant circumstances, such as: type, frequency, location, and duration of conduct; number of students involved; and the relationship/roles of the parties.
  • Often, ‘harassment’ is thought of as a series of events, or a pattern of conduct. However, schools must weigh all the relevant facts in a given situation, including the severity of the conduct.
  • The more severe the conduct, the less the need to show repeated incidents.
  • Sexual violence is a severe type of sexual harassment. The Dear Colleague letter clarifies that a single incident of rape is sufficiently severe to create a hostile environment.

Hostile Environment

  • Requires assessment of whether conduct is sufficiently serious to deny or limit the student’s ability to participate in or benefit from the school’s program.
  • A school has a duty to take prompt and effective action to stop the harassment/violence, prevent its recurrence, and remedy its effects if the school knew or should have known of the misconduct.
  • A school’s obligation may be triggered by sexual harassment or violence that occurred off school grounds if it creates a hostile environment at school.

Notice

A school has notice if a responsible employee knew, or in the exercise of reasonable care should have known, about the harassment/violence.

Examples of notice:

  • A student complained to an Instructor or filed a Title IX complaint
  • Parents contacted a school official
  • A staff member witnessed the harassment
  • The media reported about an incident
  • The harassment is widespread, openly practiced, or well-known to students and staff.

Sexual Harassment

Sexual Harassment consists of nonconsensual sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature on or off campus, when: (1) submission to such conduct is made either explicitly or implicitly a condition of an individual’s employment or academic standing; or (2) submission to or rejection of such conduct is used as the basis for employment decisions or for academic evaluation, grades, or advancement; or (3) such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creating an intimidating or hostile academic or work environment. Sexual harassment may be found in a single episode, as well as in persistent behavior. Both men and women are protected from sexual harassment, and sexual harassment is prohibited regardless of the sex of the harasser.

  • Conduct of a sexual nature;
  • That is unwelcome, and
  • Denies or limits a student’s ability to participate in or receive the benefits, services or opportunities of the school’s programs or activities.
  • This includes sexual violence.

Stalking

Stalking is repeated or obsessive unwanted attention directed toward an individual or group that is likely to cause alarm, fear, or substantial emotional distress.  Stalking may take many forms, including following, lying in wait, monitoring, and pursuing contact. Stalking may occur in person or through a medium of communication, such as letters, e-mail, text messages, or telephone calls. In some circumstances, two instances of such behavior may be sufficient to constitute stalking.

 

For more information about safety and security at Zane State College, click here.