What is Title IX?

Title IX Information

• Definitions of Sexual Harassment, Sexual Violence/Assault, Domestic Assault, Dating Violence, and Stalking
  1. Sexual Harassment

     “Sexual Harassment” is conduct on the basis of sex that constitutes Quid Pro Quo Sexual Harassment, Hostile Environment Sexual Harassment, Sexual Assault, Domestic Violence, Dating Violence, or Stalking.

  2. Quid Pro Quo Sexual Harassment

     “Quid Pro Quo Sexual Harassment” is an employee of the University conditioning the provision of an aid, benefit, or service of the University on an individual’s participation in unwelcome sexual contact.

  3. Hostile Environment Sexual Harassment

     “Hostile Environment Sexual Harassment” is unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person access to the University’s educational programs and activities.

     In determining whether Hostile Environment Sexual Harassment exists, the University will consider the totality of circumstances, including factors such as the actual impact the conduct has had on the Complainant; the nature and severity of the conduct at issue; the frequency and duration of the conduct; the relationship between the parties (including accounting for whether one individual has power or authority over the other); the respective ages of the parties; the context in which the conduct occurred; and the number of persons affected. A person’s adverse subjective reaction to conduct is not sufficient, in and of itself, to establish the existence of a hostile environment. Hostile Environment Sexual Harassment may include, but is not limited to:

     1. Unwelcome efforts to develop a romantic or sexual relationship;
     2. Unwelcome commentary about an individual’s body or sexual activities;
     3. Threatening to engage in the commission of an unwelcome sexual act with another person;
     4. Engaging in indecent exposure; voyeurism, or other invasion of personal privacy;
     5. Unwelcome physical touching or closeness that does not rise to the level of Sexual Assault; and
     6. Unwelcome jokes or teasing of a sexual nature or based upon sex stereotypes, including stereotypes based on sexual orientation, gender identity, and gender expression.
  4. Sexual Assault

     “Sexual Assault” includes the sex offenses of Rape, Sodomy, Sexual Assault with an Object, Fondling, Incest, and Statutory Rape.

     1. “Rape” is the carnal knowledge of a person, without the consent of the victim, including instances where the victim is incapable of giving consent because of the person’s age or because of the person’s temporary or permanent mental or physical incapacity. There is “carnal knowledge” if there is the slightest penetration of the vagina or penis by the sex organ of the other person. Attempted Rape is included.
     2. “Sodomy” is oral or anal sexual intercourse with another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of the person’s age or because of the person’s temporary or permanent mental or physical incapacity.
     3. “Sexual Assault with an Object” is using an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of the person’s age or because of the person’s temporary or permanent mental or physical incapacity. An “object” or “instrument” is anything used by the offender other than the offender’s genitalia.
     4. “Fondling” is the touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of the person’s age or because of the person’s temporary or permanent mental or physical incapacity.
     5. “Incest” is sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by Missouri law.
     6. “Statutory Rape” is sexual intercourse with a person who is under the statutory age of consent as defined by Missouri law.
  5. Domestic Violence

  “Domestic Violence” is felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of Missouri, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of Missouri.

  6. Dating Violence

  “Dating Violence” is violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. Such a relationship is characterized by the expectation of affection or sexual involvement between the parties. The existence of such a relationship shall be determined based on a consideration of the (a) length of the relationship, (2) type of relationship, and (3) frequency of the interaction between the persons involved in the relationship.

  7. Stalking

  “Stalking” is engaging in a course of conduct (two or more incidents) directed at a specific person that would cause a reasonable person to: (a) Fear for their safety or the safety of others; or (b) Suffer substantial emotional distress.

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• Definition of Consent

  “Consent” refers to words or affirmative actions that a reasonable person in the perspective of the Respondent would understand as agreement to engage in the sexual conduct at issue. A person who is incapacitated is not capable of giving Consent. Consent must be given voluntarily. It cannot be procured through physical violence, threats, blackmail, or other unreasonable pressure for sexual activity. Consent to some form of sexual activity cannot be automatically taken as consent to any other form of sexual activity. Previous relationships or prior consent do not imply consent to future sexual acts.

  In order to give effective consent, a person must be of legal age. In the State of Missouri, the legal age of consent is 14. (If a person is over 18, but fewer than 21, the age of consent is 14. If a person is over 21, the person may not have sexual intercourse with anyone under 17.) Sexual acts with someone less than 14 are a violation of state law and of this policy.

• Reporting Sexual Harassment (Including Sexual Violence/Assault)

  Reports should be made to one of the following:

  • In emergency situations, call 911
  • Executive Director/Title IX Coordinator: Claudia D. Lyerly
• Know Your Rights

  Fundamental Rights of the Parties During Investigation and Determination of A Complaint

  During the investigation and resolution of a complaint, the complainant and respondent shall have equal rights. They include:

  • Being notified regarding investigation procedures, formal resolution procedures, and informal resolution procedures
  • Having a support person accompany him or her at all stages of the process. The support person does not serve as an advocate or speak on behalf of the complainant or respondent, may not be actively involved in any proceedings, and must agree to maintain the confidentiality of the process.
  • Similar and timely access to written statements and other evidence considered in the determination of the complaint
  • The right to testify either in writing, verbally, or both
  • The right to identify and have considered the testimony of a reasonable number other witnesses
  • The right to identify and have considered written evidence
  • Equal access to review and comment upon any information independently developed by the Investigator
  • The right to receive written notice of the determination of the complaint from the Vice President for Student Life
  • The right to appeal
  • The right to receive written notice of the outcome of an appeal, including any changes that were made to the previous decision.