Title IX Policy & Reporting

Title IX Non-Discrimination and Reporting Statement

The ASU System and its member institutions do not discriminate on the basis of sex in any education program or activity that they operate. Further, the ASU System institutions are subject to Title IX of the Education Amendments of 1972 and are therefore required by Title IX and 34 C.F.R. Part 106 not to discriminate in such a manner. This requirement extends to admissions and employment with the university. Inquiries about the application of Title IX or 34 C.F.R. Part 106 to A-State may be referred to your campus’ Title IX Coordinator, to the Assistant Secretary for Civil Rights for the U.S. Department of Education, or both.

Information providing the title and complete contact information for each institutional Title IX Coordinator within the ASU System and how to make a Title IX report on each campus can be found at the following links for the campus Title IX resource page:

Any person may report sex discrimination, including sexual harassment (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or sexual harassment), in person, by phone, or by email using the contact information provided above or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report. Such a report may be made at any time (including during non-business hours) by using the telephone number or email address, or by mail to the office address, provided above.

 

Title IX of Education Amendments

Title IX is a comprehensive federal law that prohibits discrimination on the basis of sex in any federally funded education program or activity.

Title IX benefits both males and females and is at the heart of efforts to create gender equitable schools. The law requires educational institutions to maintain policies, practices and programs that do not discriminate against anyone based on sex. Under this law, males and females are expected to receive fair and equitable treatment in all areas of public schooling including recruitment, admissions, educational programs, and activities, course offerings and access, counseling, financial aid, employment assistance, facilities and housing, health and insurance benefits, marital and parental status, scholarships, sexual discrimination and athletics. The ASU System has designated a Title IX Coordinator for each institution. Any incidence of sexual discrimination, of any kind should be reported to the Title IX Coordinator who will take prompt action to secure a full and equitable review. In the event the sexual discrimination allegation is against the Title IX Coordinator, the report should be made to the ASU System Office of General Counsel. Contact information for each institution’s Title IX Coordinator is located on the respective institution’s website.

Sex Discrimination

The ASU System is committed to providing an educational and work environment for its students, faculty, and staff that is free from sexual discrimination including sexual harassment, sexual assault, sexual violence, stalking, domestic violence, and dating violence, as prohibited by Title IX of the Educational Amendments of 1972, and/or Title VII of the 1964 Civil Rights Act. No form of sexual discrimination will be tolerated.

It is important to preserve all evidence of sexual discrimination, especially if the discrimination is also a criminal offense, such as sexual assault, stalking, domestic violence, or dating violence.

Supervisors and staff members must recognize that their positions necessarily embody unequal power relationships with their subordinates and students. Because of the inherent power differences in these relationships, the potential exists for the less powerful to perceive a coercive element in suggestions relative to activities outside those appropriate to the professional relationship. It is the responsibility of supervisors and staff members to behave in such a manner that their words or actions cannot reasonably be perceived as coercive.

Each institution has a Title IX Coordinator who is charged with investigating all allegations of sex-based discrimination, Employees with supervisory responsibilities, including deans, vice chancellors, department chairs, faculty, student conduct personnel, human resources personnel, athletic administrators, coaches, and institution police personnel must report incidents of sexual discrimination either observed by them or reported to them to the Title IX Coordinator. The Title IX Coordinator will conduct a prompt, thorough, and objective investigation of such claims. If sexual discrimination has occurred, appropriate remedial action commensurate with the severity of the offense will be taken up to and including termination. All reports, complaints, and investigations are treated with discretion and confidentiality is maintained to the extent allowed by law.

The Title IX Coordinator will notify the appropriate law enforcement agency of all reports of sexual assault, stalking, domestic violence or dating violence unless such report is prohibited by law.  The person who has allegedly been subjected to sexual discrimination may also contact law enforcement and may seek an order of protection, no contact order, or similar order.  The Title IX Coordinator will assist the person alleging to be subjected to sexual discrimination and the person alleged to have committed sexual discrimination with locating resources for counseling, medical treatment, legal advice, or other services.

Each institution within the ASU System provides educational materials and programs on sexual discrimination. Contact the Human Resources department or Title IX Coordinator for information on awareness and prevention of sexual discrimination.

The ASU System reserves the right to take those legally permitted supportive measures it deems necessary in response to an allegation of sexual discrimination in order to protect individuals’ rights and personal safety. Such supportive measures may include, but are not limited to: modification of campus living or employment arrangements; interim suspensions from campus; no contact or communications requirements; leave with or without pay; and, reporting the matter to law enforcement.  Persons reporting allegations of sexual discrimination must follow the Title IX (Sexual Harassment Discrimination) Grievance Procedure, or the Other Sex-Based Discrimination Procedure, as applicable.

Retaliatory Action Prohibited

Retaliation against a person who files a charge of discrimination, participates in an investigation, refuses to participate in an investigation, or opposes an unlawful employment practice is prohibited by law and the ASU System. Any person who needs further explanation or who believes he or she has been retaliated against should contact the Human Resources department.