Title IX

Index: 

What is Title IX? Contacts The Law Definitions
Confidentiality Retaliation Consent Title IX Resources

 

What is Title IX?

Title IX of the Education Amendments of 1972, and its implementing regulation at 34 C.F.R. Part 106:
No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.”

Indian Hills Community College is dedicated to providing a learning, living, and working environment that is free from sexual assault and sex discrimination. We are committed to ensuring a safe campus climate for all of our students and the entire College community. We promote fundamental rights, advance individual and institutional integrity, and uphold the vital aims of Title IX.


Report a Title IX Concern

Report Anonymously

 

Non-Discrimination Policy: It is the policy of Indian Hills Community College not to discriminate on the basis of race, color, national origin, sex, disability, age (employment), sexual orientation, gender identity, creed, religion, and actual or potential parental, family, or marital status in its programs, activities, or employment practices as required by the Iowa Code §§216.6 and 216.9, Titles VI and VII of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d and 2000e), the Equal Pay Act of 1973 (29 U.S.C. § 206, et seq.), Title IX (Educational Amendments, 20 U.S.C §§ 1681 – 1688), Section 504 (Rehabilitation Act of 1973, 29 U.S.C. § 794), and Title II of the Americans with Disabilities Act (42 U.S.C. § 12101, et seq.). 

If you have questions or complaints related to compliance with this policy, please contact Alix McPherson, Associate Dean, Student Development, 525 Grandview Ave, Ottumwa, IA 52501, (641) 683-5155, equity@indianhills.edu (students, faculty and staff); Noel Gorden, Executive Dean, Centerville Campus and Learning Services, 683-5174, learningservicesequity@indianhills.edu (students with disabilities); U.S. Department of Education, Citigroup Center, 500 W. Madison, Suite 1475, Chicago, IL 60661, phone number (312) 730-1560, fax (312) 730- 1576.

Read the full policy here

Contacts

Note: Each school must designate at least one employee to evaluate current policy practices to ensure an institution's compliance with Title IX, coordinate efforts to effectively and efficiently respond to complaints of sex discrimination, including complaints of sexual harassment, and ensure as much as possible that every IHCC student and employee has an equal education and employment opportunity.

Title IX Coordinator

alix_profileAlix McPherson, Associate Dean, Student Development
Indian Hills Community College

525 Grandview Avenue Ottumwa, Iowa 52501

Phone: (641) 683-5155, (641) 680-3171 or (800) 726-2585, ext. 5155
Email: Alix.McPherson@indianhills.edu


 

Title IX Deputy Coordinator (when Title IX Coordinator is disposed)

AndyAndy Summers, Professor, Automotive Technologies
Indian Hills Community College
Main Administration Building

525 Grandview Avenue Ottumwa, Iowa 52501

Phone: (641) 683-111 ext. 1745 or (800) 726-2585, ext. 1745
Email: Andy.Summers@indianhills.edu 

 


The Law

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any educational programs or activity receiving federal financial assistance. — From the preamble to Title IX of the Education Amendments of 1972

Title IX, as a landmark civil rights law, profoundly affects all aspects of schooling by requiring equal opportunity for females and males. By extension, it also affects equity in the labor market. The following highlights suggest many of the significant developments in gender equity that can be linked to Title IX.

 

Changing Expectations

Since its passage in 1972, Title IX has had a profound impact on helping to change attitudes, assumptions and behavior and consequently, our understanding about how sexual stereotypes can limit educational opportunities. We now know, for example, that gender is a poor predictor of one's interests, proficiency in academic subjects, or athletic ability. As the First Circuit Court of Appeals noted in a recent Title IX case, "interest and ability rarely develop in a vacuum; they evolve as a function of opportunity and experience." Decision making in schools and in the labor market that relies on gender to assess what students and employees know and are able to do is both archaic and ineffective. On May 6th, 2020 new Title IX regulations were released. Due to those new regulations, policy and procedures have been revised. 

 

Everyone Benefits from Title IX

Title IX prohibits institutions that receive federal funding from practicing gender discrimination in educational programs or activities. Because almost all schools receive federal funds, Title IX applies to nearly everyone. The Office for Civil Rights in the U.S. Department of Education is charged with enforcing the civil rights and regulations in education, extending protection to:

  • about 51.7 million elementary and secondary school students;
  • about 14.4 million college and college students;
  • almost 15,000 school districts;
  • more than 3,600 colleges and universities;
  • more than 5,000 proprietary schools; and
  • thousands of libraries, museums, vocational rehabilitation agencies, and correctional facilities.
    (Source: http://www2.ed.gov/pubs/TitleIX/title.html)

 

When Title IX is mentioned, most people think about women and athletics. However, Title IX is about so much more; it also covers acts that can impact educational opportunities for all, including sexual harassment, sexual violence, stalking, dating and intimate partner violence (dating and domestic violence).

 

Definitions

Below, you will find definitions for the following terms:

 

Dating Violence

Violence by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship is determined by

  • The length of the relationship.
  • The type of relationship
  • The frequency of interaction between the persons involved in the relationship.

There is often a pattern or repeated cycle of violence, starting with the first instance of abuse:

Domestic Violence

Includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner, a parent of a shared child, a former or current cohabitor as a spouse or intimate partner, or someone similarly situated to a spouse under domestic or family violence laws. . . , or by any other person against a victim who is protected under the domestic or family violence laws[.]


General Pattern of Behavior:

  • Tension Building: Relationship begins to get strained or tense between partners.
  • Explosion: Outburst that includes verbal, emotional, or physical abuse.
  • Honeymoon: Apologies, where the abuser tries to reconnect with his/her partner by shifting the blame onto someone or something else.


Signs that it could be intimate partner violence:


One person

  • Constantly blames his/her boyfriend or girlfriend for everything, including his/her own abusive behavior/temper
  • Makes mean and degrading comments about a partner's appearance, beliefs or accomplishments
  • Constantly checks the other person's cell phone or email without permission
  • Monitors where the partner is going, who he/she is going with and what he/she is doing
  • Isolates the other partner from friends and family
  • Controls money and time
  • Shows extreme jealousy
  • Loses his/her temper
  • Physically and/or sexually assaults another
  • Damages the other person's property


The other person

  •       Gives up things that are important to him/her
  •       Cancels plans with friends to appease the other person
  •       Becomes isolated from family or friends
  •       Worries about making his/her significant other angry
  •       Shows signs of physical abuse like bruises or cuts
  •       Feels embarrassed or ashamed about what is going on in his/her relationship


Common Reactions:

Experiencing intimate partner violence can be a serious and frightening experience. The threat of repeated danger can be extremely upsetting. Here is a list of common feelings and reactions that survivors of intimate partner violence have reported:

  • Fearful
  • Vulnerable
  • Depressed
  • Confused
  • Isolated
  • Hopeless
  • Difficulty concentrating, sleeping or remembering things
  • Irritable
  • Impatient
  • On-edge
  • Nervous

 

Stalking

A pattern of unwanted conduct directed at a specific person that would cause a reasonable person to

  • Fear for his or her safety or the safety of others (physical or mental health);
  • Suffer substantial emotional distress. 


Signs that it could be stalking:

  • Following you, with or without your knowledge
  • Calling or texting excessively
  • Knowing your schedule and/or showing up at places you go
  • Threatening to hurt you, your friends, family, pets, or themselves
  • Damaging your property
  • It can even look romantic or non-threatening, like cards, flowers, emails, etc, but if this behavior is unwanted, it could be stalking

An excellent resource is Stalking: A Handbook for Victims, by Emily Spence.

Free Download

 

Sexual Harassment

Sexual harassment means conduct on the basis of sex that satisfies one or more of the following:

  • A school employee conditioning education benefits on participation is unwelcome sexual conduct (i.e., quid pro quo); or
  • Unwelcome conduct that a reasonable person would determine is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the school’s education program or activity; or 
  • Sexual Assualt (as defined in the Clery Act), dating violence, domestic violence, or stalking as defined in the Violence Against Women Act (VAWA).


Signs that it could be sexual harassment:

  • Sexual comments or inappropriate references to gender
  • Sexually explicit statements, questions, jokes, or anecdotes regardless of the means of communication (oral, written, electronic, etc.)
  • Unwanted touching, patting, hugging, brushing against a person's body or staring
  • Inquiries or commentaries about sexual activity, experience, or orientation
  • Display of inappropriate or sexually-oriented material in locations where others can view them
  • Offers of or demands for sex for jobs, promotions, money, or other opportunities or rewards
  • Unwanted flirtation, advances or propositions


Effects of Sexual Harassment

Being sexually harassed can devastate your psychological health, physical well-being and vocational development. Survivors who have been harassed often change their jobs, career goals, job assignments, educational programs or academic majors. In addition, survivors have reported psychological and physical reactions to being harassed that are similar to reactions to other forms of stress. They may include:

Psychological Reactions

  • Anger, fear, frustration, irritability
  • Insecurity, embarrassment, feelings of betrayal
  • Confusion, feelings of being powerless
  • Shame, self-consciousness, low self-esteem
  • Guilt, self-blame, isolation

Physiological Reactions

  • Headaches
  • Lethargy
  • Gastrointestinal distress
  • Dermatological reactions
  • Weight fluctuations
  • Sleep Disturbances, nightmares
  • Phobias, panic reactions
  • Sexual problems

Career-Related Effects

  • Decreased job satisfaction
  • Unfavorable performance evaluations
  • Loss of job or promotion
  • Drop in academic or work performance due to stress
  • Absenteeism
  • Withdrawal from work or school
  • Change in career goals

 

Gender-Based Harassment

Title IX also prohibits gender-based harassment, which may include acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex-stereotyping, even if those acts do not involve conduct of a sexual nature.

 

Sexual Violence

Physical Acts (such as rape, attempted rape, sexual touching and sexual battery) perpetrated against an individual without consent or who does not have the capacity to give knowing consent due to alcohol, drugs or disability.


Examples of Sexual Violence:

  • Any sexual activity performed in the absence of consent or through coercion
  • Forced oral, anal, or vaginal sex with any body part or object
  • Unwanted rough or violent sexual activity
  • Rape or attempted rape
  • Keeping someone from protecting themselves from unwanted pregnancies or STIs
  • Sexual contact with someone who is very drunk, drugged, unconscious or unable to give a clear and informed yes
  • Threatening or pressuring someone into sexual activity


Common Reactions

Sexual assault can be one of the most painful and upsetting things that can happen in someone's life. It is natural if your emotions frequently fluctuate. Here is a list of common feelings and reactions that survivors of sexual violence have reported:

  • Wondering "why me?"
  • Fear
  • Anger or rage
  • Numbness or emptiness
  • Stomach ache
  • Headache
  • Difficulty sleeping/change in sleeping habits
  • Change in eating habits
  • Disbelief
  • Shame
  • Betrayal
  • Sense of loss
  • Loss of control
  • Nightmares
  • Guilt
  • Inability to concentrate
  • Feelings of withdrawal
  • Panic
  • Reluctance to go to school/work

 

Indian Hills Community College Policies

  • Student Code of Conduct
  • Sexual Misconduct Policy for Students
  • Sexual Harassment Policy (See Staff Handbook in Staff Resources)

 

Confidentiality

Indian Hills Community College is committed to creating an environment that encourages students to come forward if they have experienced any form of sexual misconduct. The College will work to safeguard the identities and privacy of the students who seek help or who report sexual misconduct. However, it is important that students understand the limits on confidentiality of individuals whom they may contact for such assistance. Different people, depending on their positions, have different obligations with regard to confidentiality.

Under Iowa law, communications with some individuals are confidential. Students who want to maintain confidentiality should always confirm whether confidentiality applies to the communication before they make the communication. Generally, confidentiality applies when a student seeks services from the following persons:

  • Trained and statutorily certified victim’s advocate See Section VII.A. Confidential Advocacy and Support.
  • Licensed Mental Health Counselor (including counselor at the Counseling and Prevention Resource Center)
  • Licensed Health-Care Provider 
  • Personal Attorney representing the victim
  • Religious/Spiritual Counselor

Any other College employee cannot guarantee complete confidentiality. However, information is disclosed only to select officials who have an essential need to know in order to carry out their job responsibilities. As is the case with any educational institution, the College must balance the needs of the individual student with its obligation to protect the safety and well-being of the community at large. Therefore, depending on the seriousness of the alleged incident, further action may be necessary, including a timely warning notice. The notice would not contain any information identifying the student who brought the complaint.

 

Confidential Reporting Resources

Crisis Intervention Services
Indian Hills Community College - Trustee Hall or
500 High Ave West
Oskaloosa, IA 52577
641-673-0336
24 Hours Crisis Line: 1-800-270-1620

IHCC Counseling and Prevention Resource Center
Mental Heath Counselor
Indian Hills Community College - Trustee Hall
641-683-5336 (Non-emergency)

Iowa Victim Service Call Center
24 hours Crisis Line: 1-800-770-1650
24 hours Text Crisis Line: Text “IowaHelp” to 20121
Website: www.survivorshelpline.org 

 

Retaliation

This Policy prohibits retaliation against a person who reports sexual misconduct, assists someone with a report of sexual misconduct, or participates in any manner in an investigation or resolution of a sexual misconduct report. Retaliation includes threats, intimidation, reprisals, and/or adverse actions related to employment or education.

 

Consent

 Consent is voluntary. It must be given without coercion, force, threats, or intimidation.

  • Consent is affirmative. Consent means positive cooperation in the act or expression of intent to engage in the act pursuant to an exercise of free will. Silence or the absence of resistance does not equate to consent.
  • Consent is clear. If confusion or uncertainty on the issue of consent arises anytime during the sexual interaction, the sexual activity should cease.
  • Consent is revocable. Consent to some form of sexual activity does not imply consent to other forms of sexual activity. Consent to sexual activity on one occasion is not consent to engage in sexual activity on another occasion. A current or previous dating or sexual relationship, by itself, is not sufficient to constitute consent. Even in the context of a relationship, there must be mutual consent to engage in sexual activity—every time. Consent must be ongoing throughout a sexual encounter and can be revoked at any time. Once consent is withdrawn, the sexual activity must stop immediately.
  • Consent cannot be given when a person is incapacitated.

Incapacitation means the inability (temporarily or permanently) to give consent because the individual is mentally and/or physically helpless, asleep, unconscious, or unaware that sexual activity is occurring.

  • Being intoxicated by drugs or alcohol oneself does not diminish the responsibility to obtain consent from the other party.
  • The factors to be considered when determining whether consent was given include whether the accused knew, or whether a reasonable person should have known, that the complainant was incapacitated.

Sexual Exploitation

Sexual exploitation involves taking sexual advantage of another person, even though the behavior might not constitute sexual assault. Examples can include, but are not limited to:

  • Distribution or publication of sexual or intimate information about another person without consent
  • Electronic recording, photographing, or transmitting sexual or intimate utterances, sounds, or images without knowledge and consent of all parties
  • Engaging in indecent exposure
  • Sexual intimidation, which is an implied or actual threat to commit a sex act against another person, or behavior used to coerce participation in a sex act, when no sex act actually occurs
  • Voyeurism, which involves both secretive observation of another's sexual activity or secretive observation of another for personal sexual pleasure

Title IX Resources

Memo on Title IX Compliance and Internal Reporting

Student Code of Conduct 

Indian Hills Compass Application

The Indian Hills COMPASS mobile application is available through the App Store. It provides definitions, resources and information related to sexual assault, intimate partner violence stalking, and bystander intervention.

Terms of Service

Download Now - Android Version

Download Now -  iOS Verison