Unv Title IX Trigger Warning: This Training Discusses Topics

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Unv Title IX trigger warning! This training discusses topics relating to sexual harassment and sexual assault that may be difficult or triggering for someone who has experienced these behaviors. If you need to take a break, it is okay! If you would like to be connected to campus resources, please contact [email protected].

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Introduction

Title IX of the Education Amendments of 1972 is a pivotal federal law that prohibits sex and gender-based discrimination in educational programs and activities receiving federal funding. While often associated with sports, its scope extends to all facets of educational environments, including faculty, staff, students, and third-party vendors. The law aims to foster a safe, equitable, and inclusive atmosphere by addressing issues such as gender-based harassment, sexual misconduct, and violence. Grand Canyon University (GCU) not only complies with Title IX but also aligns with the Violence Against Women Act (VAWA), expanding protections for victims of sexual assault, domestic violence, stalking, and related misconduct.

The Scope of Title IX and GCU Policies

GCU’s commitment to creating a secure campus environment is reflected through its comprehensive Gender-Based and Sexual Misconduct Policy and Grievance Procedures. The policy delineates the responsibilities of the university in promptly and equitably addressing complaints related to sexual harassment, misconduct, or violence. Importantly, these policies are inclusive of online students, recognizing that prohibited behaviors such as harassment and stalking can occur digitally. The policy emphasizes that discrimination or misconduct is not limited by physical presence, reinforcing that all students, regardless of location, are protected under these regulations.

GCU’s policies also detail preventive measures, reporting options, investigation protocols, rights of parties involved, interim support measures, and sanctions for violations. These components are designed to foster a respectful and responsive academic and employment environment for all community members.

Understanding Policy Violations: Sexual Harassment and Other Offenses

Sexual harassment at GCU is defined as unwelcome, gender-based verbal or physical conduct that may create a hostile environment or result in discrimination. It must be severe, persistent, or pervasive enough to interfere with educational or employment participation. The policy categorizes sexual harassment into three types:

- Hostile Environment Sexual Harassment: Conduct that unreasonably interferes with an individual’s participation or benefit from campus activities, such as sexual comments, jokes, social media posts, or derogatory language. Even a single severe incident, like sexual assault, can qualify.

- Quid Pro Quo Harassment: Exploits power dynamics where someone in authority offers benefits in exchange for sexual favors, such as a coach demanding favors for more playing time or a supervisor requesting sexual acts for promotions.

- Retaliatory Harassment: Adverse actions taken against someone who reports harassment or participates in an investigation, which the university strictly prohibits through a non-retaliation policy.

Other forms of misconduct include non-consensual sexual contact and intercourse, sexual exploitation, bullying, domestic or dating violence, and stalking—including cyber-stalking. These behaviors are addressed through specific definitions that emphasize consent and the presence or absence of coercion or force.

Role of Force, Incapacitation, and Consent

A comprehensive understanding of force, incapacity, and consent is essential to interpret violations related to sexual misconduct. Force involves violence, threats, intimidation, or coercion to obtain sexual activity. Incapacitation refers to a state where an individual cannot make rational decisions due to mental disability, intoxication, sleep, or restraint, rendering them unable to give genuine consent.

Consent is defined as voluntary, clear permission to engage in sexual activity. It can be communicated verbally or through explicit actions but not implied through silence or passivity. Consent must be informed, mutual, and reversible at any point during sexual activity. Alcohol and drug use do not excuse misconduct; individuals are responsible for ensuring that they have consent prior to initiating or continuing sexual contact.

Reporting Procedures and Resources

Reporting sexual misconduct can be initiated through various channels, all directed to the university’s Title IX Coordinator. Options include:

- Filing criminal reports with local law enforcement or GCU’s Department of Public Safety.

- Submitting institutional complaints via the Title IX office or designated officials.

- Anonymously reporting issues through the TIPS Online Reporting Tool.

- Consulting confidential resources such as campus health services and licensed counselors for support, who remain bound by confidentiality.

GCU emphasizes that all reports will be promptly evaluated with attention to risk mitigation. The university has a duty to investigate complaints, regardless of whether criminal charges are pursued. In cases of immediate danger, contacting Public Safety or 911 is advised.

Support, Interim Measures, and False Reporting

Students and staff who experience sexual harassment or misconduct are entitled to campus support mechanisms, including no-contact orders, housing or academic adjustments, and access to medical and counseling services. The university also enforces strict policies against false reports, recognizing that knowingly providing false information undermines the integrity of the investigative process and can result in disciplinary action.

Response to Sexual Assault

In the event of sexual assault, immediate actions include seeking safety, calling Public Safety or emergency services, and preserving evidence. Important steps involve avoiding activities that could destroy evidence, such as bathing, changing clothes, or cleaning the scene, within 120 hours of the incident. Seeking medical attention and obtaining a forensic exam are critical for evidence collection, which can be fundamental for criminal charges or institutional investigations.

Supportive allies, friends, and family members play vital roles in providing emotional assistance. Campus resources, including health and counseling services, offer confidential support and guidance.

Risk Reduction and Bystander Intervention

Preventative strategies are crucial to reducing incidents of sexual misconduct. Bystanders can intervene safely by talking directly to individuals involved, creating distractions, or enlisting help from others. Recognizing warning signs such as excessive intoxication, threats, or attempts to isolate victimized individuals enables proactive intervention.

Personal safety tips include being aware of surroundings, walking in groups, managing alcohol consumption, and avoiding isolated areas. Respecting personal boundaries and communicating clearly are fundamental to consensual interactions. Recognizing that silence or passivity does not indicate consent reinforces the importance of explicit agreement in sexual activities.

Conclusion

GCU's policies and procedures reflect a comprehensive effort to address sexual harassment and misconduct. They aim to educate the community on respectful behaviors, provide accessible avenues for reporting, and ensure robust investigative and support mechanisms. Creating a safe campus environment requires collective responsibility, vigilance, and a commitment to upholding personal dignity and safety.

References

1. Department of Education. (2020). Title IX Regulations. Federal Register, 85(72), 30026-30357.
2. Fisher, B. S., Cullen, F. T., & Turner, M. G. (2000). The Sexual Victimization of College Women. NIJ Research Report. U.S. Department of Justice.
3. Hänni, N., & Barta, J. (2018). Gender-Based Violence and Policy Responses in Education Settings. Journal of Higher Education Policy, 36(2), 147-162.
4. Sawyer, S. M., et al. (2019). Alcohol and Sexual Assault at College: Prevention and Intervention. Journal of American College Health, 67(1), 77-85.
5. Schmidt, S. R., & Ritchie, A. (2017). Confidentiality and Sexual Assault Cases: Best Practices in Campus Settings. Campus Legal Advisor, 27(11), 219-224.
6. United States Department of Justice. (2015). The Clery Act: Campus Safety and Crime Statistics. U.S. Government Publishing Office.
7. VandenBergh, B. R., & Evans, M. B. (2020). Bystander Intervention in College Sexual Violence Prevention. Violence Against Women, 26(4-5), 483-505.
8. Violence Against Women Act (VAWA). (2013). Improving Support for Victims. U.S. Department of Justice.
9. Wiersma, B. (2021). Strategies for Preventing Sexual Harassment in Higher Education. Journal of College Student Development, 62(3), 340-355.
10. Yoo, J. H., & Lee, S. M. (2018). The Role of Gender and Power in Sexual Violence: Campus Policies and Educational Initiatives. Social Work Education, 37(7), 868-882.