This policy governs Prohibited Conduct that constitutes sex-based harassment and/or sex-based discrimination; however, the government and state law define “sexual harassment” differently in certain settings. Additionally, this policy covers behaviors that fall outside of the jurisdiction required for response by Title IX. The University will determine whether an allegation should proceed utilizing the grievance processes mandated by Title IX or the University’s grievance process for non-Title IX Sexual Misconduct, based on the constellation of facts and circumstances surrounding the report or Complaint and the following factors:
- applicable law
- what is reported to have occurred
- the status of the Complainant as student, employee, or third-party
- the status of the Respondent as student, employee or third-party
- the context in which the harassing behavior is reported to have occurred
- whether or not the reported behavior occurred within the United States; and/or
- whether there are continuing effects of such reported behavior on campus or within the University’s educational programs or associated activities.
The Title IX Coordinator(s) is the University official designated to evaluate reports to determine which law(s) attach, what threshold each law holds under the various laws, and which grievance process to utilize to resolve such reported behavior.