Sexual Discrimination and Title IX
No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any educational program or activity receiving Federal financial assistance.
What is Title IX?
Title IX is a federal law that protects individuals from sex discrimination in any education program or activity receiving federal financial assistance. There are other laws that also protect students and employees from sex discrimination, including Title VII of the Civil Rights Act of 1964.
Isn’t Title IX just about athletics?
No, not entirely. Title IX addresses discrimination based on sex/gender. Title IX considers sexual harassment as a form of sex/gender discrimination and it requires that all incidents of sexual harassment be viewed as discrimination and be investigated.
As a student at NEMCC, am I protected from sex discrimination?
Yes, it is unlawful to discriminate against NEMCCstudents because of their sex.
Is it possible to be sexually harassed/assaulted by someone of the same gender?
Yes. If you have been subjected to unwanted sexual contact or sexual harassment, your gender and the gender of the alleged perpetrator are irrelevant. Such conduct is prohibited by Title IX.
What is sex discrimination? How is it defined?
Sex discrimination includes sexual harassment and sexual assault.
Discrimination is as the unequal treatment of a person based on that person’s gender. This prohibition covers any term or condition of employment, academic program, student service, activity, benefit or opportunity provided by NEMCC.
Sexual Harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
- Submission to such conduct is made either explicitly or implicitly a term or condition of instruction, employment, or participation in any College activity;
- Submission to or rejection of such conduct by an individual is used as a basis for evaluation in making academic or personnel decisions affecting an individual;
- Such conduct is sufficiently serious that it interferes with or limits an individual’s ability to participate in or benefit from the employment or educational environment.
In determining whether the alleged conduct constitutes sexual harassment, consideration shall be given to the record as a whole and to the totality of circumstances, including the nature and frequency of the conduct and the context in which the alleged incidents occurred.
What are some examples of sex discrimination, sexual harassment, and sexual assault?
Depending on the particular circumstances, sex discrimination, sexual harassment or sexual assault may include, but is not limited to, the following:
- Physical assaults of a sexual nature, such as rape, sexual battery, molestation, or attempts to commit these assaults; and intentional physical conduct that is sexual in nature such as touching, pinching, patting, grabbing, poking, or brushing against another individual’s body.
- Offering or implying an employment-related reward (such as a promotion, raise, or different work assignment) or an education-related reward (such as a better grade, a letter of recommendation, favorable treatment in the classroom, assistance in obtaining employment, grants or fellowships, or admission to any educational program or activity) in exchange for sexual favors or submission to sexual conduct.
- Threatening or taking a negative employment action (such as termination, demotion, denial of an employee benefit or privilege, or change in working conditions) or negative educational action (such as giving an unfair grade, withholding a letter of recommendation, or withholding assistance with any educational activity) or intentionally making the individual’s job or academic work more difficult because sexual conduct is rejected.
- The use or display in the classroom or workplace, including electronic, of pornographic or sexually harassing materials such as posters, photos, cartoons or graffiti without pedagogical justification.
- Unwelcome sexual advances, repeated propositions or requests for a sexual relationship to an individual who has previously indicated that such conduct is unwelcome, or sexual gestures, noises, remarks, jokes, questions, or comments about a person’s sexuality or sexual experience. Such conduct between peers must be sufficiently severe, persistent, or pervasive that it creates an educational or working environment that is hostile or abusive. A single incident involving severe misconduct may rise to the level of harassment.
What should I do if I think I have been discriminated against?
You should Tell Someone. The best way to stop any kind of discrimination is to tell someone who is trained to hear complaints, and that person will investigate and, when appropriate, take steps to stop the discrimination.
Who do I tell?
NEMCC’s Title IX Coordinator oversees all compliance with all Title IX related matters, including the handling of complaints.
Detailed information about how and where to file a complaint of sex discrimination, sexual harassment or sexual assault can be found on the Title IX webpage.