• Key Title IX Vocabulary

    Sexual Harassment

    Conduct on the basis of sex that satifies one or more of the following:

    1. An employee of the recipient conditioning the provision of an aid, benefit, or service of the recipient on an individual’s participation in unwelcome sexual conduct;
    2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the recipient’s education program or activity;
    3. “Sexual assault” as defined in Violence Against Women Act (VAWA) 20 U.S.C. 1092(f)(6)(A)(v), “dating violence” as defined in 34 U.S.C. 12291(a)(10), “domestic violence” as defined in 34 U.S.C. 12291(a)(8), or “stalking” as defined in 34 U.S.C. 12291(a)(30).

     

    Actual Knowledge

    Notice of sexual harassment or allegations of sexual harassment to a recipient’s Title IX Coordinator or any official of the recipient who has authority to institute corrective measures on behalf of the recipient, or to any employee of an elementary and secondary school.

    (Adopts standard from Supreme Court case law)

    • Constructive notice is not sufficient.
    • BUT note – any employee!
    • MHRA: uses a knew or should have known standard
    • IHRA: actual knowledge except if the offender is a supervisor – knowledge is imputed to employer

    “Consent” – does not compel a specific definition.

     

    Deliberate Indifference

    Failure to respond reasonably in light of known circumstances.

    NOTE: This is a significant definitional change from prior OCR guidance: The school must take immediate action to eliminate the sexual harassment or sexual violence, prevent its reoccurrence, and address
    its effects.

     

    Education Program/Activity

    Includes locations, events or circumstances where the district has substantial control over both the Respondent and the context in which alleged sexual harassment occurs.

     

    Complainant/Respondent

    Complainant is an individual who is alleged to be the victim of conduct that could constitute sexual harassment.

    Respondent is an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.

     

    Formal Complaint/Grievance

    A document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that the district investigate the allegation of sexual harassment.

     

    Supportive Measures

    Non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available and without fee or charge to the Complaint or the Respondent before or after the filing of a Formal Title IX Sexual Harassment Complaint or where no Formal Title IX Sexual Harassment Complaint has been filed.

    i.e. Temporarily changing of a schedule, check-ins with counselor or social worker, etc.

     

    Emergency Removal

    The removal of a respondent from an education program or activity on an emergency basis provided that the recipient:

    • Undertakes an individualized safety and risk analysis,
    • Determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment justifies removal, and
    • Provides the respondent with notice and an opportunity to challenge the decision immediately upon removal.

     

    Formal/Informal Resolution

    Formal Resolution is the processing of a complaint from intake by the Title IX coordinator, to investigation by an Investigator, to decision by a Decision-Maker and appeal to an Appeals Officer, if requested.

    Informal Resolution is process to resolve a complaint without resorting to the formal resolution procedures. This may include the use of mediation or other restorative justice measures (agreement by both parties, but not in Teacher to Student harassment).