Final Title IX Regulations FAQs
Final Title IX Regulations FAQs
Title IX Regulations FAQs
On May 6, 2020, the U.S. Department of Education issued new regulations under Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in education programs or activities receiving federal financial assistance. Similar to all educational institutions receiving federal funding, Rowan was required to amend its current policies to implement these new regulations. As a result, updates to Rowan’s policies related to sexual misconduct were made consistent with these regulations, as well as other applicable laws, including the Clery Act and the Violence Against Women Reauthorization Act of 2013. Specifically, the following policies are effective immediately:
- Title IX Sexual Harassment/Sexual Assault – this policy applies to both students and employees. It addresses allegations of sexual misconduct that fall within the U.S. Department of Education’s Title IX regulations.
- Student Sexual Misconduct and Harassment Policy – this policy applies only to students. It addresses allegations of sexual misconduct that do not fall within the definitional or jurisdictional requirements of the Title IX regulations. For example, allegations of sexual exploitation; or sexual harassment/sexual assault that does not occur on campus or in an education program or activity.
Complaints of sexual misconduct against employees that are not covered by the Title IX Sexual Harassment/Sexual Assault Policy, will be addressed under the Policy Prohibiting Discrimination in the Workplace and Educational Environment.
To further assist our Rowan community, we have compiled important information in response to the following FAQs.
Important Information for Students and Employees
1. Where can I report concerns relating to sexual harassment and misconduct?
Reports of incidents alleging sexual harassment or assault may be made to the Title IX Coordinator. Additional reporting obligations are outlined in the policy in the section entitled “Reporting Options.”
2. What are the obligations of a Rowan University employee to report sexual harassment and misconduct of which the employee becomes aware?
“Responsible Employees” under the policy are required to report information relating to sexual harassment/sexual assault to the Title IX coordinator. All employees should report concerns relating to sexual harassment/sexual assault to the Title IX Coordinator even if they are not “Responsible Employees” and should report the concern to their supervisor as well. In addition, all employees must report Clery Act crimes of which they become aware to law enforcement. To learn more, see Clery Training and the Responsible Employee Guide.
3. Am I entitled to a lawyer if I am a complainant or respondent in a sexual harassment/sexual assault complaint?
Parties involved in a sexual harassment/sexual assault complaint have a right to an Advisor of their choice during the process. An Advisor may be a family member, a friend, an attorney, or any third party not otherwise involved in the process. More information about Advisors and their roles is provided in the policy section entitled “Advisors”.
4. Is there anyone I can speak to confidentially relating to a concern about sexual harassment/sexual assault?
As noted above, certain employees are required to report knowledge of an incident of sexual harassment/sexual assault to the title IX coordinator. However, students can access confidential resources through the Counseling & Psychological Services Center and employees can access confidential resources through the Employee Advisory Service.
5. The sexual harassment/sexual assault incident in which I am involved is also the subject of a separate criminal complaint. Can we delay the University’s investigation and hearing of the sexual harassment/sexual assault until the criminal matter is resolved?
The Title IX process and the criminal justice process are separate and distinct. The Title IX process will proceed normally while the criminal matter is proceeding and the university cannot wait until the criminal matter is resolved given the time involved in most criminal matters.
6. Where can I obtain additional information about Title IX and Rowan’s policy relating to sexual harassment/sexual assault?
To learn more about the Title IX Regulations go to Rowan’s OSEC Title IX website or the Department of Education Title IX webpage.
