Title IX of the Education Amendments of 1972 prohibits any person in the United States from being discriminated against on the basis of sex in seeking access to any educational program or activity receiving federal financial assistance. The U.S. Department of Education, which enforces Title IX, has long defined the meaning of Title IX’s prohibition on sex discrimination broadly to include various forms of sexual harassment and sexual violence that interfere with a student’s ability to equally access educational programs and opportunities.
On May 19, 2020, the U.S. Department of Education issued a Final Rule under Title IX of the Education Amendments of 19721 that:
Defines the meaning of “sexual harassment” (including forms of sex-based violence) that are reflected in the definitions of Regulatory Quid Pro Quo, Regulatory Hostile Environment Sexual Harassment, Regulatory Dating Violence, Regulatory Domestic Violence, Regulatory Sexual Assault and Regulatory Stalking included as Regulatory Prohibited Conduct under the Shippensburg University Sexual Misconduct Resolution Policy found here at link: https://www.ship.edu/globalassets/administration-finance/policies/701-002-sexual-misconduct-policy.pdf
The University prohibits all Sexual Misconduct Violations, as defined in the Sexual Misconduct Resolution Policy. This prohibited conduct can affect all genders, gender identities and sexual orientations. Some of these prohibited forms of conduct may also be crimes under Pennsylvania or federal law.
The University will promptly and equitably respond to all reports of sexual misconduct in order to eliminate the misconduct, prevent its recurrence, and redress its effects on any individual or the community.
Title IX Training for the Campus Community
Section 106.45(b) of the 2020 Final Title IX Rules require the sharing of “[a]ll materials used to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process. A recipient must make these training materials publicly available on its website, or if the recipient does not maintain a website the recipient must make these materials available upon request for inspection by members of the public.” Shippensburg University is a member institution of the State University of New York (SUNY) Student Conduct Institute which has made available the following materials used to train all Student Conduct Board members and Title IX decision makers at link here: https://system.suny.edu/sci/postedtraining/
Mandatory Syllabus Language for Title IX
Why is the following language required by the Pennsylvania State System of Higher Education (PASSHE)? The Title IX mandatory “syllabus language” alerts all faculty and students the sexual misconduct reporting requirements. All PASSHE employees must comply with PASSHE directives to avail themselves of contractual indemnity provisions; therefore, faculty please insert the following language in ALL syllabi.
“Shippensburg University and its faculty are committed to assuring a safe and productive educational environment for all students. In order to comply with the requirements of Title IX of the Education Amendments of 1972 and the University’s commitment to offering supportive measures in accordance with the 2020 regulations issued under Title IX, the University requires faculty members to report incidents of sexual violence shared by students to the University's Title IX Coordinator at firstname.lastname@example.org or by calling 717-477-1323.
The only exceptions to the faculty member's reporting obligation are when incidents of sexual violence are communicated by a student during: 1. a classroom discussion; 2. in a writing assignment for a class; 3. or as part of a University-approved research project. Faculty members are obligated to report sexual violence or any other abuse of a student who was, or is, a child (a person under 18 years of age) when the abuse allegedly occurred to the person designated in the University protection of minors policy found at https://www.ship.edu/globalassets/administration-finance/policies/101-003-protection-of-minors-policy.pdf
Information regarding the reporting of sexual violence and the resources that are available to victims of sexual violence are set forth at: https://www.ship.edu/globalassets/administration-finance/policies/701-002-sexual-misconduct-policy.pdf and https://www.ship.edu/life/resources/PAGE/links_and_resources/”
Statements of Compliance
The Office of Human Resources, Located in Old Main 109, coordinates the university's compliance with laws and regulations relating to equal opportunity, sexual harassment, and disabled accommodation. Statements of Compliance can be found here at link: https://www.ship.edu/about/statements_of_compliance/