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Title IX of the Education Amendments of 1972 is a federal civil rights law that prohibits discrimination on the basis of sex, including sexual violence, in education programs and activities that receive federal financial assistance. Sexual harassment and acts of sexual violence such as rape, sexual assault, sexual exploitation, dating violence, domestic violence, and stalking are forms of sex discrimination prohibited by 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.”
Sexual misconduct is a broad term encompassing all forms of gender-based harassment or discrimination and unwelcome behavior of a sexual nature. The term includes sexual harassment, nonconsensual sexual contact, nonconsensual sexual intercourse, sexual assault, sexual exploitation, stalking, public indecency, interpersonal violence, sexual violence, and any other misconduct based on sex. While sexual orientation and gender identity are not explicitly protected categories under state or federal law, it is Isabella Graham Hart School of Practical Nursing’s (IGHSPN) policy not to discriminate in employment, admission, or use of programs, activities, facilities, or services on this basis. Discriminatory behavior is prohibited regardless of the manner in which it is exhibited, whether verbally, in writing, by actions, or electronically displayed or conveyed.
Behaviors & Examples of Behaviors Covered by IGHSPN’s Sexual Misconduct Policy
Sexual harassment is any unwelcome sexual advance, requests for sexual favors, and other verbal or physical conduct of a sexual nature. Sexual harassment can cause an individual to feel uncomfortable and can hinder his or her ability to function at either school or work. The legal definition of sexual harassment is broad: unwelcome sexually-oriented conduct, whether it is intended or not, that has the effect of creating a work or educational environment that is hostile, offensive, intimidating, or humiliating to another may constitute sexual harassment.
The following are some examples of conduct which, if unwelcome, may constitute sexual harassment, depending upon the totality of the circumstances, including the severity of the conduct and/or its pervasiveness:
Example: Jules is told unless she has sex with the Graduate Assistant, Jules will not get the internship requested.
Example: When Hayden asks the professor to stop rubbing Hayden’s shoulders, Hayden is told his grade is going to suffer.
Example: Carol continues to post sexually explicit photos in the online discussion board for a class and encourages other students to call for a good time. Students are offended and have reported this behavior to the online professor multiple times.
An act that deprives a member of the school community of his or her rights of access to campuses and facilities and of participation in education, services, programs, operations, employment, benefits or opportunities with the university on the basis of the person’s sex.
Example: Aaron was not offered a job on campus because Aaron was told they were looking for someone of a different sex.
Any type of sexual contact or behavior that occurs without the explicit consent of the recipient. Sexual assault includes non-consensual sexual contact and non-consensual sexual intercourse.
Example: Terry and Kelli have sex often however, one night Kelli tells Terry no. Terry says Kelli has said yes multiple times before so Terry forces Kelli to have sexual intercourse.
Example: Jordan and Harper are both at a party. Harper agrees to dance with Jordan, while dancing Jordan slips a hand in Harpers shorts and begins to grope under the shorts.
Taking non-consensual or abusive sexual advantage of another for the benefit of one’s self or a third party.
Example: Jesse sends a nude photo to a friend who promises it won’t be shared. Two days later Jesse learns the photo was posted on Instagram without Jesse’s permission.
A course of conduct directed at a specific person that would cause a reasonable person to fear for his or her own safety or the safety of others or would cause that person to suffer substantial emotional distress.
Example: Jean broke up with Jamey weeks ago. However, Jamey continues to show up wherever Jean is and calls 20 to 30 times a day. Jean recently found a threatening note from Jamey stating that “Jean would be hurt if someone else replaced Jamey.”
Consent must be informed, voluntary, and mutual, and can be withdrawn at any time. There is no consent when there is force, expressed or implied, or when coercion, intimidation, threat, or duress is used. Whether a person has taken advantage of a position of influence over another person may be a factor in determining consent. Silence or absence of resistance does not imply consent. Past consent to sexual activity with another person does not imply ongoing future consent with that person or consent to that same sexual activity with another person.
If a person is mentally or physically incapacitated or impaired so that such person cannot understand the fact, nature, or extent of the sexual situation, there is no consent; this impairment or incapacitation can be due to alcohol or drug consumption or to being asleep or unconscious.
An offense that meets the definition of domestic violence or dating violence.
Intimate-partner violence, also referred to as dating violence, domestic violence, and relationship violence, includes any act of violence or threatened act of violence or abuse against a person who is, or has been involved in, a sexual, dating, domestic, or other intimate relationship with an another person.
It may involve one act or an ongoing pattern of behavior. Intimate-partner violence may take the form of threats, assault, or violence or threat of violence to one's self, one's sexual or romantic partner, or to the family members or friends of the sexual or romantic partner.
Abuse or violence, or threat of abuse or violence, committed by a current or former spouse or intimate partner of the Reporting Party, by a person with whom the Reporting Party shares a child in common, by a person with whom the Reporting Party is cohabitating (or has cohabitated) with a spouse or intimate partner, by a person similarly situated to a spouse of the Reporting Party under the domestic or family violence laws of the State of Texas, 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 the State of Texas. Verbal abuse must be sufficiently severe, persistent, or pervasive that it adversely affects the victim’s education or creates an intimidating, hostile, abusive or offensive educational environment which interferes with the student’s ability to realize the intended benefits of the University’s resources and opportunities.
Example: Sam and Jo live together. When Jo comes home late from work, Sam threatens to hit her each time. One time, when Jo came home from work, Sam pushed Jo against the wall and accused her of staying out late to see other people.
Abuse or violence, or threat of abuse or violence, committed by a person who is or has been in a social relationship of a romantic or intimate nature with the Reporting Party. The existence of such a relationship will be determined based on the type and length of the relationship and the frequency of interaction between the persons involved in the relationship. A casual acquaintanceship or ordinary socialization between two individuals does not constitute a romantic or intimate relationship. This definition does not include acts covered under domestic violence or family violence. Verbal abuse must be sufficiently severe, persistent, or pervasive that it adversely affects the victim’s education or creates an intimidating, hostile, abusive or offensive educational environment which interferes with the student’s ability to realize the intended benefits of the University’s resources and opportunities.
Example: Bobbi and Kym have been seeing each other for a couple of weeks. Kym continues to ask to look through Bobbi’s phone. The last time Kym asked, Bobbi said no, Kym slapped Bobbi so Kym has complied since then.
If you have a concern about something that may have happened to you, or that you may have observed or heard about in the community, you are encouraged to share your concern with the Title IX Coordinator. Title IX Coordinators have expertise and are positioned to help address disclosures of sexual and gender-based discrimination.
The Title IX Coordinator is responsible for guiding students, employees, and visitors through filing a complaint alleging sexual or gender-based harassment and/or sexual violence, and for responding effectively to those complaints.
Speaking to a Title IX Coordinator will help you to receive support from your School or Unit and will allow the Coordinator to consider whether there are issues related to the incident that need to be addressed for the safety of the community.
Title IX Coordinators can:
IGHSPN Title IX Coordinator
1630 Portland Avenue
While conversations with Title IX Coordinators are not confidential, they will handle any information that you provide with the utmost discretion and sensitivity and will share it with others only on a need-to- know basis. For example, Title IX Coordinators may need to share some information in order to implement interim measures.
Online: This report goes directly to the Title IX Coordinator and is seen only by a small group of Title IX Administrators. Please download the complaint file. To submit, send the completed complaint form to Tammy Labonte at [email protected].
Mail/In-Person: You may download and print the form and hand in to the Title IX Coordinator.
You may speak directly to Tammy Stewart, Title IX Coordinator, at:
1630 Portland Ave
All students have equal educational opportunities at IGHSPN and all employees have equal employment opportunities at IGHSPN without regard to any legally-protected category under federal or state law, including but not limited to race, color, sex, age, disability, religion, citizenship, national origin, ancestry, military status or veteran status, marital status, domestic violence victim status, sexual orientation, predisposing genetic characteristics and genetic information. Moreover, harassment against students or employees on the basis of sex or other protected category will not be tolerated. IGHSPN is required by Title IX of the Education Amendments of 1972 not to discriminate on the basis of sex in the education programs and activities it operates.
For a full list of resources available to students in the Rochester area, visit:
The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act is a federal statute that requires colleges and universities that participate in federal financial aid programs to keep and disclose statistics about crime on or near their campuses. Please see our student handbook for statistics.