What is Title IX? Title IX is a federal law that requires educational institutions, including Sweet Briar College (“SBC”), to ensure that no discrimination, harassment, or violence on the basis of sex is permitted. This is to ensure that all people who have a right to an education at a school can receive the full benefits of SBC’s educational programs and activities.
Who is Covered? All students, employees (including but not limited to administrators, faculty, staff, and contractors), and guests of SBC are covered under Title IX.
What is Covered? There are two factors to consider when determining what type of conduct is included in SBC’s Title IX compliance efforts.
a. The category of behavior itself, including but not limited to (access additional details below): sexual or gender-based harassment; sexual violence; exploitation; domestic, dating, or interpersonal violence; nonconsensual sexual contact or intercourse; stalking or bullying, including “cyber” (meaning occurring via the internet or other online application); and sex-/gender-based discrimination in, e.g., hiring, admissions, pregnancy-related accommodations, or workplace or academic environments.
b. The cause of the behavior. SBC has interpreted “on the basis of sex” (see #1 above) to mean one or more of the following: sex; gender; sexual orientation; and gender identity. So, if any conduct listed under (a) above happens because of someone’s sex defined in these ways, Title IX may apply.
For more details examples and explanation of what type of conduct is included under Title IX, please see the Mandatory Reporting Guide and the Sexual Misconduct Policies and Procedures atTitle IX • Sweet Briar College.
Mandatory or “Responsible” Reporters: All employees (including student-employees when they are functioning in their employee role) are required to report any alleged sexual harassment, discrimination, or assault. If an employee thinks another employee or student is about to report an act in these categories, they should promptly inform the potential reporter that while SBC will maintain the privacy of the information, the employee themselves is a mandatory reporter, thus cannot maintain confidentiality. Therefore, a report to an employee puts SBC on official notice of the alleged conduct. The employee should offer the reporter the option to communicate confidentially to either: - A licensed mental health provider, including SBC’s Counseling Services - A medical professional, including SBC’s Health Services - A member of the clergy, e.g., SBC’s chaplain
Are Students Required to Report? Generally speaking, students are not mandatory reporters because they are generally not employees, to whom the mandatory reporting requirement applies. The exception is addressed in #4 above, i.e., when a student is also an SBC employee and a report is made to the student-employee when they are functioning as an employee, they are then required to report.
Separately, all members of the SBC community are strongly encouraged to report incidents of alleged discrimination, harassment, and/or violence as it is responsibility of all members of the campus community to create a safe and respectful environment.
Report Promptly: Any student or employee should provide a timely report of alleged sexual harassment, discrimination, or assault to the Title IX Coordinator (Erin Wood). The following are methods to report: - Online athttp://sbc.edu/compliance/title-ix/under “How do I file a report?” [May be anonymous] - Contact the Title IX Coordinator directly aterin@barlettjames.com. [May not be anonymous] - The Title IX Coordinator may communicate with other departments (e.g., Campus Safety, Student Life, Human Resources, etc.) as necessary. - If someone perceives immediate danger, they should contact Campus Safety at any time of day at (434) 381-6111.
Possible Outcomes: Specific cases may have variable outcomes, depending on the unique facts and circumstances. Generally, the Title IX Coordinator will be able to discuss possible interim measures such as living arrangements, academic and/or work schedules, accommodations, etc., as well as additional reporting options, e.g., reporting to the law enforcement to pursue possible criminal charges or protection options, or to community-based organizations, such as domestic/sexual violence support networks. Additionally, other outcomes may also occur, such as: - Preliminary assessment: Determines nature of the alleged conduct and status of the partis involved - Supportive measures: Ensures access to educational programs, related activities, and safe working environments - Dismissal of case: If allegations exceed scope of the policy (see #10 below) or the investigation fails to show sufficient grounds to move forward - Formal investigation into alleged conduct: Neutral process to gather and organize evidence both in support of the allegations and in support of the defense against the allegations - Administrative hearing: Formal process resulting in a finding of responsibility or no such finding - Appeals: Opportunity for all parties to appeal a hearing determination - Censure or penalty: Including but not limited to verbal or written reprimand; mandatory training, coaching, or counseling; monitoring; partial or full probation; partial or full suspension; permanent separation (termination or dismissal); physical restriction from SBC property; cancellation of contracts; and any combination of the same.
For more details about possible outcomes, please see the Sexual Misconduct Policies and Procedures atTitle IX • Sweet Briar College.
SBC’s Communication with Law Enforcement: Reporting to the Title IX Coordinator does not necessarily require SBC to report to law enforcement, except under specific circumstances as designated by state law, e.g., if a minor child is involved.
You Don’t (Have to) Decide what constitutes sexual harassment, discrimination, or assault. The Title IX Coordinator, along with other SBC leadership, are trained to make that determination. You should report anything that seems even slightly aligned with these types of conduct. If you are not sure, report!
Application of Other Policies: If SBC’s Title IX compliance under its Sexual Misconduct Policies and Procedures does not specifically apply to certain alleged behavior, another SBC policy may apply. SBC has several policies that apply to behavior that may violate the expectation for appropriate conduct, e.g., the Student Code of Conduct, the Honor Principle, Hazing, anti-discrimination requirements based on other protected classes than sex and gender, etc. As noted in #4 above, it is up to SBC leadership, including the Title IX Coordinator, to make that determination. Again, when in doubt, report!
