Title IX:
First Year Students
Overview
The information we are discussing
today could potentially trigger some
of you. If this occurs, please feel
free to step out of the training. We
suggest you seek support from AC,
RD or RA or the counseling center.
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Title IX
Sex Discrimination: Overview of the Law
Title IX of the Education Amendments of 1972 prohibits
discrimination based on sex in education programs and
activities that receive federal financial assistance.
The U.S. Department of Education gives grants of financial
assistance to schools and colleges. The Title IX regulation
describes the conduct that violates Title IX. Examples of
the types of discrimination that are covered under Title IX
include sexual harassment; the failure to provide equal
opportunity in athletics; discrimination in a school’s
science, technology, engineering, and math (STEM)
courses and programs; and discrimination based on
pregnancy. The Title IX regulation is enforced by OCR and
is in the code of federal regulations at 34 CFR Part 106
Title IX prohibits retaliation for filing an OCR complaint or
for advocating for a right protected by Title IX. Title IX also
prohibits employment discrimination, but employment
discrimination complaints filed with OCR are generally
referred to the Equal Employment Opportunity
Commission.
Federal Department of Education Website
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Title IX,
federal
Gender/Sex
Discrimination,
federal and
state
Sexual
Harassment,
federal and
state
Sexual
Misconduct
Policy,
Clarkson
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What Title IX Means for
the University
When sexual or gender
misconduct occurs the Title IX
Coordinator or designee
must promptly:
Investigate
Stop behavior
Remediate
Prevent retaliation
Prevent reoccurrence
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What is Clarkson’s
responsibility after
receiving a complaint?
• Investigate to the extent
possible
• Offer an Equitable Process
to Complainant and
Respondent
• Offer Support Services
• Offer Interim Measures
• Notify Complainant and
Respondent of Outcomes
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Gender of Complainant(s)
and Perpetrator(s)
•
You can be of any gender and
file a complaint.
• The perpetrator can be of any
gender.
• It is the nature of and the
impact of the incident that will
determine if the actions are
either a Title IX or Sexual
Misconduct violation.
• Status, Sexual Orientation,
Gender Identity or Gender
Expression do not exclude you
from this policy
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Location does not
Matter
• On or Off Campus
• In Person or Remotely
• If Clarkson is Sponsoring
or Supporting the Event or
Program we want you to
report
• Our ability to act will
depend on how much
control we have over the
event or program
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Sex Discrimination
Includes all forms of sexual harassment, including
verbal sexual harassment and sexual violence by
employees, students, or third parties against
employees, students, or third parties.
• Unequal pay based on gender
• Discrimination on the basis of pregnancy
• Unequal distribution of athletic funds
• Unequal access to educational and extracurricular
programs
• Unequal admissions and financial aid practices
• Some forms of LGBT harassment
• Sexual Misconduct
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Sexual harassment
Unwelcome conduct of a sexual nature that is sufficiently severe,
persistent or pervasive that it unreasonable interferes with,
denies, or limits someone’s ability to participate in or benefit
from a program or activity.
Examples:
Requests for sexual favors
Unwelcome advances
Sexist comments
Sexual assault
May occur in a single episode or be persistent behavior
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Three Types of Sexual Harassment
QUID PRO QUO: Benefits offered or withheld as a
means of coercing sexual favors.
HOSTILE ENVIRONMENT: Conduct that unreasonably
interferes with the victim’s work/academic
performance or repeatedly creates an intimidating,
hostile or offensive environment.
RETALIATORY: retaliation against an individual or
individuals for bringing a complaint or participating in a
complaint
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Positive Consent
Consent is clear, unambiguous, and voluntary agreement between the participants to
engage in specific sexual activity.
Clarkson uses a standard of Positive Consent defined in our Sexual Misconduct Policy.
Consent is clear, unambiguous, and voluntary agreement between participants to engage
in specific sexual activity. Consent is active, not passive, and is given by clear actions or
words. Consent can only be given by a person who acts freely with knowledge of the
nature of the act involved. Consent may not be inferred from silence, passivity, or lack of
active resistance alone. A current or previous dating or sexual relationship is not sufficient
to constitute consent, and consent to one form of sexual activity does not imply consent
to other forms of sexual activity. Being intoxicated does not diminish one’s responsibility
to obtain consent. In some situations, an individual may be deemed incapable of
consenting to sexual activity because of circumstances or the behavior of another, or due
to their age. Examples of such situations include, but are not limited to, incompetence,
impairment from alcohol and/or other drugs, fear, unconsciousness, intimidation,
coercion, confinement, isolation, or mental or physical impairment. A person less than 17
years of age is incapable of consenting to any sexual activity.
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Key Areas of Concern under Sexual Misconduct
•
•
•
•
Sexual Harassment
• any unwelcome sexual or gender-based verbal or physical conduct that is: sufficiently
severe, pervasive or persistent so that it unreasonably interferes with, limits or
deprives someone of the ability to participate in or benefit from the university’s
educational program and/or activities
Non-consensual sexual contact (or attempts to commit the same)
• is any intentional sexual touching,however slight,with any object,by any person (s)
upon any other person(s), that is without consent and/or by force
Non-consensual sexual acts(or attempts to commit same)
• any sexual intercourse, however slight, with any object, by any person upon any other
person, that is without consent and/or by force
Sexual exploitation
• sexual exploitation occurs when a person takes nonconsensual or abusive sexual
advantage of another for his/her own advantage or benefit, or to benefit or advantage
anyone other than the one being exploited, and that behavior does not otherwise
constitute one of the other sexual misconduct offenses.
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Examples of Sexual Misconduct
Sexual Harassment
• A Club not allowing someone to participate in activities because of their gender
identity, expression or perceived sexual orientation.
• A professor making repeated sexual comments not related to class subject
matter or research
Non-consensual sexual contact (or attempts to commit the same)
• A student groping a university employee while intoxicated.
• One guy slapping another guy in the genitals as a joke.
Non-consensual sexual acts(or attempts to commit same)
• Having sex with someone too drunk to consent
• Performing oral sex on someone who is asleep
• Having sex with someone under the legal age of consent(NY 17)
Sexual exploitation
• Watching someone have sex without their consent
• Discussing in graphic detail sexual details that someone asked to keep private
in order to humiliate that person
• Telling someone if they don’t have sex with your friend you will tell everyone
they are gay
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Continuum of Behaviors: Consent and Sexual Misconduct
Categories of Behavior
Productive
• Mutual
• Healthy
• Age-appropriate
• Respectful
• Safe
Neutral
• Not a threat to life or
long-term health
• Neutral or Harmless in
effect or influence
Ambivalent
• Need to start assessing
for intervention
Negative
• Non-Mutual
• Disrespectful
• Age inappropriate
(socially and legally)
Dangerous
• Physical harm
• Threat to life
Categories of Consent
or Lack of Consent
Positive Consent
Positive to Probable
Consent
Possible Consent
Sexual Misconduct
Sexual Misconduct



Explicit consent
General examples
Does not cover
everything
All factors do not need
to be present



You are clearheaded
You have clear
verbal and
non-verbal
consent to all
sexual
activities.
No pressure.
Possible Sexual Misconduct




How to remedy
No need, enjoy
yourself
No pressure on
another to submit
to sexual behavior.
Any drinking or
substance use is
having little to no
effect.
Getting only nonverbal signs of
consent and little
to no verbal
consent.
Some passivity or
nervousness
coming from one of
the individuals.
Ask questions
“Seriously, I can?” “You ok
with this?” ”You want this,
right?”
Page







Few clear signals of consent.
Unclear if individuals are
feeling pressured to
participate, but still
participating.
Passivity from a partner.
Someone is under the
influence and not clear how
much they have consumed.
Not sure of someone’s age.
Someone acting out of
character.
Not clear someone wants to be
hit on or have someone hang
out with them.
Stop and take a breath.
Break contact with the person.
Take a bathroom break.
Establish the person can make
decisions without pressure.
How much did you drink (or take)?”
We don’t have to do anything.”
“Let’s chill for a bit.”




No clear signals of consent.
Clear that someone is
under the influence and/or
not exhibiting good
judgment.
Someone is under age.
Coercion or threat used on
an individual.
Fooling around with
someone who is asleep.
Removing the clothing,
touching, exposing self or
doing a sexual act to
someone or in front of
someone[or electronically]
in any of the above
examples.





Force or threat of force to
make someone perform an act
or stay with someone.
Person incapacitated.
Person has indicated a lack of
consent or given no signals of
consent.
Person resists.
Having sex with someone who
is asleep and not consented to
such an act.
All examples listed under
negative.
Stop the behavior.
Stop the behavior.
Remove yourself safely.
Ask others to help(RAs).
Intervene.
Support.
See if there is a need for medical
attention or counseling.
Report Sexual Misconduct.
Remove yourself safely.
Ask others to help.
Intervene.
Support.
Call Campus Safety or the police if
necessary.
Seek medical or mental health
attention as necessary.
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What to Report
Any observed, experienced, or known sex discrimination,
including sexual harassment and sexual violence.
Does not matter if it involves a student, a staff member or a third
party.
Doesn’t matter if it occurred on-campus, off-campus, on spring
break in Mexico, last week, or two years ago.
You can report to any campus official, e.g. Dean of Students or
an RA or directly to the Title IX Coordinator or a Deputy
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Who to Report an incident to at Clarkson?
• Non-Confidential Resources
• Title IX Coordinator or
Deputy
• Dean of Students
• Resident Assistant, Area
Coordinator
• Campus Safety
• Supervisor
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• Confidential Resources
• Counselor
• Health Care Provider
• Anonymous reports can be
made through our website
• Contact Information can be
found in the Sexual Misconduct
Policy and on our Nondiscrimination Website
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Who to Report an incident to Off-Campus?
• Confidential Resources
• Renewal House
• Canton-Potsdam Hospital
• Non-Confidential Resources
• Potsdam Police
•
•
Clarkson will help you contact these resources if you do not wish
to do so on your own and will coordinate our investigation with
the police when necessary.
Contact Information can be found in the Sexual Misconduct
Policy and on our Non-discrimination Website
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Confidentiality
The Title IX Coordinator and their designees are professionals—information
reported is never broadcast or otherwise made public.
The college will protect your privacy to the extent possible under the law
The college is required by law to investigate, but that investigation will be
limited by the information provided by complainant and the complainants
interest in pursuing a formal complaint process.
Safety to the individual or the community may require the Coordinator or a
designee to break confidentiality
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Informing Complainants
We will help you understand the resources available in
our community
Campus Safety, medical services, counseling,
filing a criminal complaint, using the campus
judicial procedure, available interim remedies
Both on and off campus resources available
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Investigations are based on a civil rights model of proof
Title IX is Civil not Criminal law.
Clarkson will investigate cases as a matter of civil rights.
The standard of proof in civil rights cases is the Preponderance
of Evidence Standard
This standard is defined as:
that if the investigation produces evidence indicating the
violation “more likely than not occurred” then the violation is
proved.
Other ways to express this standard:
• 50.1%
• The “tipped scale”
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Informal Resolution
The college will investigate by reviewing relevant information
and interviewing pertinent witnesses. Investigator may bring the
complainant and accused together, but not through mediation if
a sexual assault. All parties must mutually agree to resolve the
matter.
At any time, the complainant can elect to proceed to the formal
procedure.
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Formal Resolution
A panel is selected to investigate the complaint. This investigation may
include hearing testimony from the complainant and accused, interviewing
witnesses, and reviewing written statements submitted by the parties.
Two possible outcomes:
A determination that the complaint was not substantiated.
A determination that the complaint was substantiated. If substantiated,
forward to the appropriate disciplinary body.
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Student Policy Statements
IX-M SEXUAL MISCONDUCT POLICY
IV. Complaint Process for Complaints of Sexual Assault or Sexual Harassment
Any University employee who would like to initiate a formal complaint under this
Policy should notify his or her immediate supervisor, the Affirmative Action Officer, or
the Director of Human Resources. In the event of a complaint against another
employee of the University, the procedures set forth in Section 3.1.14 of the University
Operations Manual will be followed. In the event of a complaint against a student, the
procedures in the Clarkson Regulations Section VIII-F Discrimination Grievance
Proceedings (for cases involving sexual discrimination or harassment) or Section VI
Disciplinary Proceedings (for cases of sexual assault) will be followed. If the complaint
is against someone other than a member of the University community, it will be
handled by Human Resources with possible referral to the Potsdam Police
Department.
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Title IX Coordinator Contact Information
Title IX Coordinator
Jennifer L. Ball, Ph.D
Asst Professor HU/SS
Snell 168
315-268-4208
Jball@clarkson.edu
Box 5750
Deputy Coordinator, Athletics
Sarah Raymond 102A Alumni Gym
Head Women's Soccer Coach
Box 5830
Phone: 315/268-3758
E-mail: sraymond@clarkson.edu
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Deputy Coordinator, Human Resources
Amy McGaheran
Associate Director of Human Resources
215 Cheel Campus Center
Box 8734
Phone: 315/268-3788
E-mail: amcgaher@clarkson.edu
Clarkson.edu/nondiscrimination
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OCR Direct Complaint
US Dept of Ed
32 Old Slip 26th Floor
OCR.newyork@ed.gov
646-428-3800
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