Frequent Questions
Title IX is a federal civil rights law that says no institution of higher education can discriminate against anybody on the basis of their sex and gender. Initially having an effect to ensure equal opportunities for women in sports, today, Title IX applies to all forms of sexual harassment and assault, domestic violence, dating violence, and stalking. Title IX is important because the law requires universities to respond promptly and effectively to address any report of sexual harassment or sexual misconduct and actively take steps to prevent it. Sexual violence on campus is viewed as a hostile environment and thus discrimination, since enduring harassment and victimization prohibits students from equal access to education.
Title IX doesn’t just apply to undergraduate students — faculty, graduate students, staff, and visitors are also protected under the law. The law also does not just apply to female students. It also prohibits discrimination based on gender identity and sexual orientation, which is important for students who identify as lesbian, gay, bisexual, and transgender (LGBT).
Title IX obligates universities to disclose all of the options and resources available to students. Students who have experienced sexual misconduct are offered resources such as medical care, emotional support, and confidential counseling whether or not they decide to report to law enforcement. Additional supports universities must offer students range from academic and housing modifications, free immediate and long-term counseling, protections from disciplinary action if they were drinking underage or using drugs when the incident happened, and the prohibition of retaliation against students who report. Schools may not retaliate against someone filing a complaint, and they must make an effort to protect the victim from retaliatory behavior and harassment. Students can even choose to file a report anonymously or report on behalf of a peer they know has experienced sexual harassment or assault.
Title IX recognizes all students have the right to due process. The guidance directs universities to balance being as supportive as possible to the student who has experienced the incident while being fair to the person who is reported and honoring their right to due process. Schools are required to be fair. Both parties have the right to present their case, both are allowed to have an advisor of their choice present during Title IX proceedings, and both must receive notification of the outcome.
*Sexual misconduct is a form of discrimination under federal civil rights laws. Most forms of sexual misconduct also constitute crimes in Tennessee and throughout the United States.
*You may see Sex Discrimination and Sexual Misconduct used interchangeably, however sexual misconduct is a form of sex discrimination. The all encompassing term is sex discrimination.
The Title IX Office is a compliance, prevention, and resource office. The Title IX Coordinator and associated staff DO NOT have the power to sanction students (e.g., put them on probation, suspend, expel, etc.), or sanction/terminate employees. Decision-makers in the corresponding matters make those decisions.
Compliance – the state of being in accordance with established laws, regulations, guidelines, policies, specifications, or the process of becoming so; ensuring that Marshall conforms to all laws, regulations, guidelines, and policies placed upon them or that are put in place by them. Compliance also includes management or oversight of responding to any alleged violations that occur.
Prevention – focusing up-stream and addressing the causes of sex discrimination/misconduct. True culture change can only be achieved by addressing the patterns, beliefs and behaviors that are at the root of sexual violence (sexual violence is another term that encompasses all forms of sexual misconduct). The Title IX Office implements and supports prevention strategies through training and education efforts, and supporting prevention programming by campus partners and student organizations.
Resources/Options
Resources are individualized services that must be mutually provided to the involved parties, where applicable. Resources are intended to restore or preserve equal access to education or deter further harm. An investigation is not needed to request supportive measures under Title IX. See a list of resources – Complainant Resource Guide and Respondent Resource Guide.
Options are paths that you can take to navigate your next steps (formal – meaning an investigation or informal – a process that is not an investigation). See the Title IX Process. If you have questions, please contact the Title IX Office so that the paths can be explained to you.
You can also self-report to the Title IX Office either calling the office at 304-696-3075, emailing at titleix@marshall.edu, or coming to the Title IX Office in person to report information.
If you want to speak with a confidential resource on campus, the Title IX Office can help you connect with the Student Counseling Center. Staff members at the Student Counseling Center are completely confidential and are not required to make a report if you disclose prohibited conduct.
The Office for Civil Rights has issued guidance that “the [University] should take all reasonable steps to investigate and respond to the Report consistent with the request for confidentiality or request not to pursue an investigation.” Marshall’s ability to respond is limited when an incident is reported without specific names.
After the Title IX Office receives a report from a responsible employee or another individual, the Title IX Office will reach out to the identified Complainant (the person experiencing the prohibited conduct) to provide resources, offer assistance, and offer a meeting with the Complainant to help the Complainant understand their options and resources. This is always the next step! Marshall is mainly interested in checking on the individual’s wellbeing and to talk with them about options and resources. It is strongly encouraged that involved parties speak with the Title IX Office in order to know what is available for support and to understand the processes. The Title IX Office typically does not follow up with the responsible employee who has made the initial report to respect the privacy of the parties and due to FERPA protections. If a responsible employee completes the Advocate Online Reporter Form, they will receive a confirmation email for their records confirming that the report has been made. Once you have made a report, there is nothing further you need to do. If you have made a report to the Title IX Office and have concerns about follow-up, please feel free to call the Title IX Office directly at 304-696-3075.
As mentioned above, options are paths that you can take to navigate your next steps (formal – meaning an investigation or informal – a process that is not an investigation). See the Title IX Process. If you have questions, please contact the Title IX Office so that the paths can be explained to you. Resources are individualized services that must be mutually provided to the involved parties, where applicable. Resources are intended to restore or preserve equal access to education or deter further harm. An investigation is not needed to request supportive measures under Title IX.
Once the Marshall Title IX Office reaches out to an involved party, it is up to that individual if they wish to speak with the Title IX Office. No one can force or obligate an involved party to participate in a Title IX process, but there are aspects of the regulations and the policy that must occur when a process is initiated (i.e. certain meetings, review of evidence, timeframes, notices, etc.). The involved party is encouraged to speak to the Title IX Office so that next steps can be discussed (what option is preferred and what support is desired). It does not matter if the involved party wishes to pursue a formal process of investigation or an informal process, they must first have a report [click here] submitted and then file a formal complaint. A report and formal complaint are required for either path. One can get a formal complaint form directly from the Title IX Office after a report is filed. The Title IX Office will typically attempt to contact a Complainant three times, and if the Complainant does not respond, the Title IX Office will respect the Complainant’s right not to respond to contact.
Once a formal complaint is filed, it is reviewed. The formal complaint is the step that identifies which option the involved party wishes to choose (i.e. the formal or informal path). The Title IX Office must review the formal complaint to first determine if it meets the standard of Title IX; if it does, it will be approved to move forward for the action requested in the formal complaint (either a formal investigation or an informal process). If the complaint does not reach the standard of Title IX, it will be dismissed and submitted to the appropriate office for review and adjudication (i.e. Office of Student Conduct, Human Resources for Staff, etc).
As a reminder, both the Complainant and Respondent have rights under Title IX and Marshall policies and procedures. The Title IX process is regulated by the federal guidelines and Marshall policy and procedures. For instance, both the Complainant and Respondent have a right to file a formal complaint, both can exercise their right to free speech, both have a right to have an advisor present at any and all meetings, both are presumed not responsible for any alleged violation until a final determination has been made, and both can expect to be supported under the Title IX regulations and policies – just to name a few. The Title IX Office must ensure that if involved parties wish to participate in the process, that they know their rights and that they are treated equally. Title IX covers undergraduate students, graduate students, employees (both faculty and staff), and participants; all parties must be treated equally under the regulations.
As mentioned above, the Title IX Office is not a discipline office and has no authority to suspend, terminate, or otherwise sanction an individual. The Title IX office can not simply “kick someone out” because a report or report(s) are made. Reports serve as information reported “in good faith” to the Title IX Office. The Title IX Office must be a neutral or unbiased party that follows the federal regulations set forth by the federal government and Marshall policy and procedures [see Marshall BOG Policy, Marshall Title IX Procedures for Students, and Marshall Title IX Procedures for Employees here]. Involved parties have a right to due process under the Title IX regulations and Marshall policy and procedures. When there is a formal option for an investigation, all Respondent parties must be allowed the opportunity to face and defend themselves in a hearing against anyone who brings forth an accusation under the Title IX policy. Where there is an informal option, the Title IX Office will work with the involved parties either face-to-face or individually, to resolve the matter without an investigation.
When someone tells an individual that they are mandated to report, they are sharing a required obligation that helps Marshall to know when incidents of sex discrimination, misconduct, or violence occur. The language that you may typically hear from a Responsible Employee is, “I want to let you know that I am a Responsible Employee. This means that I am obligated to share information about any incident of sexual misconduct/violence/discrimination with Marshall. What this means for you, is that a representative from the Title IX Office will contact you to offer support and resources. It is your choice as to whether or not to respond to the Title IX Office, but I encourage you to do so. You will not be forced to participate in any processes, but it is important that you know what options and resources are available to you so that you can navigate your next steps with support.” Responsible Employees may say some form of this language before, during, or after a conversation. Responsible Employees may be unsure if a report falls under the sex discrimination policy, but they are encouraged to err on the side of care and caution by reporting anyway.
If you believe you are a Responsible Employee who is also a Complainant that has experienced a potential violation of the Title IX Policy or you’ve been victimized in some way, then you may decide if you want to file a report for yourself; you are not required to report on yourself. Mandated reporting involves reporting what you know about other individuals that may be involved with or may have experienced an incident under Title IX. Mandated reporting is only required while serving in your capacity as specific student leader or Marshall employee. There are times in which someone may believe you are a Responsible Employee and may come to you under that knowledge; we still encourage individuals to err on the side of caution and make a report to the Title IX Office. In short, REPORT!
Those who are NOT a Responsible Employee may always file reports; however, they are not required to do so under Marshall policy. Reports can be filed by anyone at any time from anywhere in the world.
West Virginia law also requires that any person who knows or has reasonable cause to suspect that a minor (person under 18 years of age) has been sexually abused to make a report. Title IX reports regarding certain reports are copied to Marshall University Police Department in order that they may comply with the federal statute known as the Clery Act. A Title IX report that copies to the Marshall University Police Department IS NOT a police report. One must contact the Marshall University Police Department DIRECTLY if they wish to file a criminal report.
THE RESPONSIBLE EMPLOYEES AT MARSHALL INCLUDE:
– All faculty and staff – except University Counselors, Medical Staff, or clergy
– Students who fall into these specific categories only while holding these roles. Students may transition out of these roles and are no longer mandated to report, however we encourage all students to err on the side of reporting (no other students other than those listed below are mandated to report):
*The Title IX Office and staff are also mandated reporters!
– publish an Annual Security Report by October 1, documenting three calendar years of select campus crime statistics
– maintain a public crime log
– disclose crime statistics for incidents that occur on campus, in unobstructed public areas immediately adjacent to campus, and at certain non-campus facilities
Marshall’s annual report is prepared by a team bringing together several offices and departments: the Marshall University Police Department; the Marshall Office of Student Affairs; the Marshall Title IX Office; and the Marshall General Counsel’s Office. The report is e-mailed to the entire campus community and can be found HERE.
Title IX provides that no person may be subjected to discrimination on the basis of sex under any educational program receiving federal financial assistance. A school must respond promptly and effectively to sexual harassment, including sexual violence. When Responsible Employees know about possible sex discrimination, they must report what they know to the Title IX Office. Marshall must respond to sexual violence that occurs in the context of a school’s education programs and activities (including academic, educational, extracurricular, athletic, and other programs, whether those programs take place in a school’s facilities, on a school bus, at a class or training program sponsored by the school at another location, or elsewhere).
Under the Clery Act, Marshall must disclose accurate and complete crime statistics for incidents that are reported to campus security authorities and local law enforcement as having occurred on or near the campus (crimes include criminal homicide, rape and other sexual assaults, robbery, aggravated assault, burglary, and others). “Clery Geography” includes three general categories: campus (academic buildings, residence halls, Greek houses, etc.); non-campus property owned or controlled by a recognized student organization; and public property within the reasonably contiguous geographic area of the institution (sidewalks, streets, etc.).
– assistance with academic supports, such as sending absence notifications for Title IX related absences
– assistance with scholarship appeals, individual course withdrawals, or total term withdrawals
– connection to medical care on or off campus
– connection to counseling resources on or off campus
– assistance with housing relocation or change
– connection to off-campus supports, such as Branches or CONTACT
– assistance with filing a formal complaint through the University or reporting to law enforcement
– assistance with safety planning
– assistance with a No Contact Order
– Issuing a mutual No Contact Directive between the Complainant and Respondent
– Providing referrals for medical and counseling services
– Exploration of changes in class and extracurricular schedules
– Exploration of changes in living, transportation, dining, and working arrangements
– Appointment for follow-up support services on or off campus
– Assistance communicating with faculty members
– Requesting academic support and academic accommodations such as rescheduling exams or retaking a course
The Title IX Office will handle investigations as confidentially as possible. If a victim chooses to make a report but does not want an investigation, the Title IX Office will typically honor a victim’s wishes not to proceed with an investigation and thereby keep their identity confidential.
Sometimes a victim makes a report or discloses to a “responsible employee” of the school but then requests that the school not take any action. It is important to understand that while the Title IX Office will do its best to honor the victim’s wishes, some rare situations may require the school to proceed with investigating the report. Some examples are when the report involves allegations of the use of a weapon, when there are multiple perpetrators or the perpetrator has been involved in other Title IX reports, when the alleged perpetrator threatened further sexual violence or other violence against the victim or others, and circumstances suggesting there is an increased risk of the alleged perpetrator committing additional acts of sexual violence or other violence. Remember that even when a school decides to proceed with an investigation, a victim is never obligated to participate.
If a victim wishes for the school to investigate an incident of sex or gender discrimination including Sexual Harassment, the victim will not be able to remain confidential. In most cases, the respondent (accused individual) will have a right to be informed as to who has made the report. For this reason, a victim may wish to consult with a confidential source in order to make an informed choice about reporting.
Informal Resolution, Formal Resolution, and Declining Participation for Student Conduct
When you contact the Title IX Office, you will receive information about reporting options, including information about reporting to law enforcement. You can make a report to the Title IX Office with or without reporting to law enforcement or pursuing a criminal process. It is always your choice whether you file a formal complaint and/or report to law enforcement.
If an incident occurs on University property (space that is controlled or owned by the University), a Complainant can choose to report to the Marshall University Police Department (MUPD). MUPD can be reached by either calling 911 or via the non-emergency dispatch line at 304-696-HELP(4357). Additionally, there are over 150 Blue Light Phones around campus that can be used to connect to MUPD in an emergency.
If an incident occurs off-campus (not on University-controlled or owned space, such as the Fort), a complainant can choose to report to the law enforcement agency with jurisdiction.
West Virginia State Police Troop 5, Huntington Detachment
3339 U.S. Route 60 East
Huntington, WV
304-528-5555
Huntington Police Department
675 10th Street
Huntington, WV
304-696-4470
Cabell County Sheriff’s Office
750 5th Avenue
Huntington, WV
304-526-8863
To learn more information about the criminal process, you need to speak with the prosecuting attorney that has jurisdiction over the matter. Prosecuting attorney’s offices have victim advocates that can provide detailed information about how the criminal process to you.
A Complainant may choose not to pursue criminal action. When an individual decides to turn to the police with a report of sex discrimination, Marshall can simultaneously conduct its own investigation of the allegation and take appropriate action as required by Title IX.
If a Respondent is not affiliated with Marshall, Marshall is limited on what actions can be taken against the Respondent. A formal complaint can only be initiated if the Respondent is affiliated with Marshall, either as a student or an employee. If a Respondent is not affiliated with Marshall, the Complainant would still have the option to report to law enforcement within the jurisdiction in which the conduct occurred. If an incident has occurred on campus, the Marshall University Police Department (MUPD) has jurisdiction.
Incident(s) that occur outside of a University program or activity may fall under the Code of Conduct for Students, and the Title IX Office will refer any incident(s) to Student Conduct.
If the Respondent is no longer affiliated with the University, the University is not able to investigate a report of prohibited conduct. However, the Complainant can still request assistance with supportive measures.
– Your name
– The name of the Respondent
– The incident date (if known)
– The incident location (if known)
– A description of the prohibited conduct
A formal complaint is required to begin an investigation under the University’s Title IX Procedures.
An Protective Order (PO) is a legal order given by the court system when there has been a determination of some type of safety risk posed by one person against another person (e.g., if there is a report of domestic violence, and one party has been arrested). The University cannot issue an PO, as it must be sought through the court system. An PO has criminal legal consequences if it is violated.
If a student or employee has an PO against another party, the Title IX Office encourages the Complainant to notify the Marshall University Police Department since they have jurisdiction over the campus. The West Virginia Supreme Court of Appeals Website has information about Protective Orders, including links to Personal Safety Forms and Domestic Violence Forms. If you need help obtaining an PO, Branches and CONTACT located off campus can assist.
First, No Contact Orders (NCOs) are MUTUAL and are enforced through the Marshall’s Office of Student Conduct or conduct processes. NCOs typically involve three parties; the two with a conflict and Marshall. A NCO is not one-sided; it is mutual. Both parties are restricted from communication, places, and interactions with one another. Even if one individual “files” a NCO, what they are ideally doing is making a request for Marshall to review and approve the need for a mutual NCO between both parties. The NCO is not “against” the opposing party, but rather “with” another party; it includes both parties and Marshall.Simply requesting or having an NCO request approved does not imply any judgement regarding the factual nature of the incident. Neither party is deemed responsible for any violation of the Marshall’s policies. An NCO is a support measure rather than a disciplinary process; however, if a NCO is violated, the violation is handled through the appropriate discipline office.
When requests are approved, the expectation is that both individuals will refrain from approaching one another at any time; calling one another at any time; send via email, campus or regular mail anything to one another; contacting or communicating with one another – including through a third party – in any way at any time; entering each others residence halls at any time; and entering each other’s Greek Houses where official membership is held – at any time. It is rare that a NCO is not approved, but each approval is on a case-by-base basis.
If you are a faculty or staff member who learns from a student or colleague that there is an active NCO in place, then you are welcome to work with the party(ies) on what is best for them. There is no requirement beyond ensuring that both parties are not placed in a position where they must make contact with one another. Please know that both parties can be in the same place at the same time, so long as they follow the stipulations of their order (i.e. no verbal or physical contact with each other or through other parties or mediums). The measure is always for support and is not an indication that either party is at fault. It is also not an indication that either party is accused or responsible for a violation.
What is a No Contact Order, and How is it Different than a Protective Order
Title IX records are confidential and cannot be released without the written consent of the student. Many graduate, law, and medical schools and employers with sensitive information (like the United States government) often ask for a release of the applicant’s conduct record, including Title IX records. Files are retained for at least seven years after the date of the incident; expulsion files are retained indefinitely. The following formal sanctions are recorded on the academic transcript.
- Probationary Suspension
- Suspension
- Expulsion
To effectively understand how certain conduct can be deemed unwelcome under Title IX, it’s important to recognize that unwelcome behavior generally involves actions that create a hostile or intimidating environment based on sex. Here are key elements that can lead to conduct being classified as unwelcome under Title IX:
- Nature of the Behavior
- Uninvited Advances: Repeatedly asking someone out despite clear refusals or expressing unwanted romantic or sexual interest.
- Inappropriate Touching: Any physical contact that is unwanted, such as hugging, touching, or any form of physical intimacy that the other person does not consent to.
- Context Matters
- Situational Context: Conduct that may be acceptable in one context (e.g., among friends) may be unwelcome in a professional or academic setting.
- Power Dynamics: When the person engaging in the behavior holds power over the other (e.g., a teacher towards a student), it’s more likely to be perceived as unwelcome.
- Frequency and Severity
- Persistent Behavior: Repeated actions or comments that target an individual can escalate discomfort and lead to a violation.
- Severity of Comments: Use of derogatory language, jokes, or slurs related to gender or sexuality that are intended to demean or belittle can contribute to a hostile environment.
- Impact on the Individual
- Subjective Experience: If the individual feels threatened, or intimidated by the conduct, this is a crucial factor. The perception of the victim matters.
- Disruption of Education: If the unwelcome conduct interferes with a person’s ability to participate in or benefit from educational programs, it can meet the criteria for a violation.
- Communicated Boundaries
- Clear Refusal: If someone explicitly communicates that they do not wish to engage in certain behavior, ignoring that refusal can render the conduct unwelcome.
- Non-Verbal Cues: Body language or other non-verbal signals indicating discomfort should be respected. Continuing to engage despite these cues can lead to a Title IX violation.
- Inappropriate Use of Technology
- Cyber Harassment: Sending unwanted sexual messages, images, or threats via digital platforms can constitute unwelcome conduct under Title IX.
- Persistent Messaging: Continually texting or messaging someone despite their lack of response or refusal can create a hostile environment.
- Gender-Based Discrimination
- Targeted Remarks: Making comments that demean someone based on their gender or sex (e.g., “You should be in the kitchen”) creates an unwelcome atmosphere.
- Stereotyping: Engaging in behavior that reinforces harmful gender stereotypes can contribute to a violation.
- Use of Authority
- Coercive Behavior: If a person in a position of authority uses that position to pressure someone into unwanted interactions, this behavior is typically considered unwelcome and a violation.
- Quid Pro Quo Situations: Suggesting that academic or employment opportunities depend on accepting unwanted advances constitutes a clear Title IX violation.
Conclusion
To ensure that conduct is unwelcome under Title IX, it should be persistent, uninvited, and create a hostile environment based on sex. Understanding these factors can help individuals recognize behaviors that may lead to violations and empower them to advocate for a safe and respectful environment. If someone encounters such conduct, it’s essential to report it.
Telling someone that their conduct is unwelcome can be challenging, but it’s important for maintaining a respectful environment. Here are some steps to approach this conversation effectively:
1. Choose the Right Setting
- Private Environment: Find a quiet, private space where you can talk without interruptions. This helps create a safe atmosphere for both parties.
2. Be Clear and Direct
- Use “I” Statements: Frame your message using “I” statements to express how their behavior affects you (e.g., “I felt uncomfortable when you made those comments”).
- Specify the Behavior: Clearly describe the specific conduct that is unwelcome. Avoid vague statements; focus on the exact actions or words that caused discomfort.
3. Express Your Feelings
- Share Your Experience: Explain how their behavior made you feel. Use clear language to convey your emotions (e.g., “I felt disrespected” or “I felt uncomfortable”).
- Be Honest but Respectful: While it’s important to be honest about your feelings, maintain a respectful tone to encourage a constructive dialogue.
4. Set Boundaries
- Be Firm: Clearly communicate that the behavior needs to stop. You can say something like, “I would appreciate it if you would refrain from making those comments in the future.”
- Explain Consequences: If appropriate, explain what might happen if the behavior continues (e.g., “If this continues, I may need to report it”).
5. Encourage Dialogue
- Ask for Their Perspective: Invite them to share their thoughts. This can help you understand their intent and promote a two-way conversation (e.g., “Can you help me understand why you said that?”).
- Be Open to Discussion: Be prepared for a conversation about the issue, and listen to their responses without interrupting.
6. Follow Up if Necessary
- Check In: If the behavior doesn’t change, consider following up to reinforce your boundaries. You can remind them of your previous conversation.
- Seek Support: If the situation doesn’t improve, consider talking to a trusted friend, mentor, or an authority figure for further support or advice.
7. Document the Interaction
- Keep Records: After the conversation, document what was discussed, including dates, times, and specific behaviors. This can be helpful if you need to escalate the issue later.
Conclusion
Addressing unwelcome conduct is important for fostering a respectful environment. By being clear, direct, and respectful, you can communicate your feelings effectively and encourage positive change in behavior. If necessary, don’t hesitate to seek support from others or report the behavior to appropriate authorities.
Feeling uncomfortable in a school environment does not automatically constitute a Title IX violation because Title IX specifically addresses severe and persistent discrimination or harassment based on sex. Here’s why mere discomfort isn’t enough:
- Severity and Pervasiveness: Title IX requires that the behavior in question be severe, persistent, and pervasive enough to create a hostile environment. A single incident or general discomfort may not meet this standard.
- Specificity: Title IX violations involve specific behaviors or actions—such as sexual harassment or assault—that can be clearly defined and addressed. Feeling uncomfortable can stem from various sources that may not involve discrimination or harassment.
- Context Matters: The context of the uncomfortable feeling is important. It might arise from a misunderstanding, personal biases, or unrelated issues that don’t involve the discriminatory practices Title IX aims to combat.
- Institutional Policies: Many schools have policies that address bullying or discomfort in different contexts. These policies may provide avenues for addressing feelings of discomfort without needing to invoke Title IX.
While feeling uncomfortable is valid and should be addressed, it doesn’t automatically imply a violation of Title IX unless it’s tied to specific discriminatory behavior.
While mere discomfort alone does not typically constitute a Title IX violation, specific situations where discomfort is linked to discriminatory behavior can indeed be considered violations. Here are some examples:
Not Title IX Violations
- Robust Debate in Class:
- Situation: Students passionately debate a political issue, expressing strong opinions and engaging in back-and-forth discussion.
- Misunderstanding: One student perceives the intensity of the debate as aggressive, feeling uncomfortable, while the others see it as a healthy exchange of ideas.
- Friendly Banter Among Friends:
- Situation: Friends tease each other about their favorite sports teams in a playful manner.
- Misunderstanding: One friend feels hurt by the comments, interpreting them as mean-spirited, while the intent was to foster camaraderie.
- Cultural Differences in Communication:
- Situation: A student from a culture that values directness speaks openly in a group discussion.
- Misunderstanding: Some classmates feel uncomfortable with the perceived bluntness, interpreting it as rudeness, while the speaker intended to be straightforward and clear.
- Social Media Posts:
- Situation: A student shares a fun group photo from an event.
- Misunderstanding: Someone not included feels uncomfortable seeing the post and perceives it as exclusionary, while the poster meant to share a joyful moment without malice.
- Different Humor Styles:
- Situation: A person tells a joke that some find funny but others feel uncomfortable.
- Misunderstanding: Those who feel uncomfortable interpret the joke as offensive, while the teller sees it as harmless humor intended to lighten the mood.
Potential Title IX Violations
- Inappropriate Comments During Debate:
- Situation: In a class debate, one student makes multiple personal attacks on another’s character rather than addressing the argument.
- Misunderstanding: While the intention might be to challenge a viewpoint, this crosses into harassment if it targets the individual personally without stopping after being informed of the issue, leading to a hostile environment.
- Persistent Unwanted Flirting:
- Situation: One student persistently flirts with another, despite being told to stop.
- Misunderstanding: The flirter may believe they’re being charming, but the recipient feels harassed and uncomfortable, potentially constituting a Title IX violation.
- Exclusionary Jokes:
- Situation: A group makes jokes that target a specific demographic (e.g., gender, ethnicity) on multiple occasions.
- Misunderstanding: Some may see these as harmless fun, while others feel marginalized and targeted, potentially leading to a Title IX violation if it creates a hostile environment after being informed that the jokes make the person uncomfortable.
- Unwelcome Physical Contact:
- Situation: A student repeatedly puts their arm around another student during conversations, believing it to be friendly.
- Misunderstanding: The other student feels uncomfortable and views it as inappropriate touching, which may be considered harassment if it persists despite objections.
- Discussing Sensitive Topics:
- Situation: In a group setting, one person brings up sensitive personal topics (like trauma or identity) on multiple occasions.
- Misunderstanding: While the person may intend to foster openness, if others feel uncomfortable and targeted, it could contribute to a hostile environment, especially if repeated.
To determine if rumors and gossip rise to the level of sexual harassment, the Title IX Office looks at several factors, including:
– The content and nature of the rumors or gossip;
– The degree to which the rumors or gossip affect the target’s ability to access the institution’s education program or activity;
– The frequency, intensity, and duration of the rumors or gossip;
– The age, maturity level, and relationship of those involved;
– Whether the rumors or gossip are contributing to other sex-based harassment within the institution’s education program or activity.
Anonymity in online platforms adds complexity to the analysis, given the widespread use of disparaging language, rumors, and gossip. In situations where online harassment plays a significant role, the Title IX Office can help maintain a safer educational and work environment by encouraging the development of safety plans, which may include bolstering the target’s privacy settings on social media platforms, blocking problematic individuals from accounts, or limiting their online presence for a short period of time.
Evaluating whether rumors or gossip have risen to the level of sexual harassment is nuanced and often done on a case-by-case basis. While rumors and gossip often tend to be less severe than in-person harassment, in terms of content, the cloak of anonymity provided by online communications can cause people to say things online they would never say in person. Conversely, the nature of online communications can easily render harassment more pervasive, as it spreads rapidly and widely. The above criteria can assist the Title IX Office in determining whether rumors and gossip within the school environment constitute a violation.
The Family Educational Rights and Privacy Act (FERPA) keeps university students’ academic records (including grades and conduct) confidential. Parents and families may call our office to seek answers to general questions about university procedures, student rights and responsibilities, and other related questions. However, we will not discuss students’ individual educational record without an Authorization to Release Information.
Learn More about FERPA1. Monitoring. Marshall routinely evaluates the campus environment to understand students’ experiences, especially concerning social activities, patterns of behavior, and students’ health and safety.
2. Prevention. Based on these assessments of campus culture, Marshall develops prevention programs to address concerns strategically.
3. Response. When incidents happen, Marshall’s response includes supporting students and their friends, preserving evidence, gathering critical information, providing medical response, informing victims of their options, and creating an environment that feels safe.
4. Training. Marshall trains students on effective bystander intervention. Residential life staff, Greek leaders, and peer educators all receive basic training on prevention and response. Staff members involved in the investigation and hearing process receive training to understand the issues and prepare for their roles.
1. Reports vs Formal Complaints. First it is important to know that reports are different from formal complaints. Reports serve as information and can come from anyone, anywhere, at anytime. The Title IX Office does not always have the opportunity to speak directly to the Complainant to understand the concerns within a report or to substantiate those concerns. A formal complaint can occur when the Title IX Office has had an opportunity to speak directly to the Complainant about their concerns. A formal action typically follows a formal complaint (i.e. investigation or other informal request).
2. Faculty Role. First, faculty (and staff) are responsible employees who are mandated to report and should always file a report when they believe there is a Title IX issue. Now, when it comes to students, the Title IX Office will not release information to a faculty member without the consent of the student or other extenuating circumstance where the faculty member has a right or need to know. The student, however is always encouraged to speak directly to their faculty about their need for support. If a student chooses to speak to their faculty, it is important that faculty members should never make students feel as if they must share information that is protected. Faculty members may check on students, but should allow students the room and agency to share what they feel is most comfortable. It is alright to ask “Are you comfortable sharing what occurred? It is your choice to do so.” However, faculty should not demand or require an answer to this question. We often ask faculty to offer consideration, where possible, to students who endure a Title IX report or formal complaint, particularly if there is an active investigative process. Again, this is something that faculty will not know, unless the student shares this information or the Title IX Office is released to share this information with faculty. If faculty are contacted by the Title IX Office based on a release from a student, it will be done via email. Utilize the information in the email to provide balanced support based on your capacity, availability, equity within your class, and the needs of the student. A timeframe regarding the needs of the individual may be provided (i.e. a week extension on an assignment or three days to make up an exam), and it is not done lightly.
When it comes to employees, faculty should take the same approach, especially if they are the chair or head of a program, department, or other place of leadership over another faculty member.
3. Staff Roles The same rules apply for staff as they do for faculty, however certain staff have a responsibility to respond to reports when they are received. Outside of these roles, staff are expected to honor the same standards that are listed above for faculty. This is particularly important for Coaches, chaperones, and leaders, and other offices or departments where individuals may be in close proximity due to co-curricular experiences.
4. Support. Offering support is a two-way street. You must be comfortable providing support and the individual must be comfortable receiving the support that you provide. Always ask the individual about their comfort level with support. Faculty and staff are not required to provide support, however it is extremely ideal to do so. There is not a timeframe on when and how long to provide support, so we ask that you work with the individual based on their immediate needs. We want to honor the value of community, so please think of how your support can contribute to the success of the individual who may be in need.
5. Training and Other Questions. If you feel you need additional support or have other questions about how to work with a student, colleague, or other individual, then please reach out to the Title IX Office at titleix@marshall.edu.
Important Definitions
A full list of definitions can be found in the Title IX Procedures. Below is a list of most commonly asked about definitions.
Marshall University confidential resources include:
- Licensed professionals and staff at Counseling Center,
- Healthcare providers and staff at Marshall Student Clinic,
- Licensed professional counselors available through the Employee Assistance Program, and
- Licensed professionals and students registered for practice under a licensed psychologist at the Psychology Clinic.
Off-campus confidential resources include:
- Licensed professional counselors and other medical providers,
- Rape crisis counselors,
- Domestic violence resources,
- Local or state assistance agencies,
- Clergy/Chaplains, and
- Attorneys.
