What is Title IX?
Title IX of the Education Amendments Act of 1972 is a federal law that states:
“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”
The program is administered by the U.S. Department of Education, Office for Civil Rights (OCR). Many people think of Title IX as a program that was created to ensure equity in sports programs for men and women. Today, all educational institutions are required to address gender-based discrimination, harassment (including sexual harassment), and violence, including sexual violence, relationship violence (dating and domestic violence), and stalking. OCR identifies these behaviors or actions as “harassment” generally. File a Complaint
- How We Can Help
Equity Programs is responsible for ensuring compliance with the University’s anti-discrimination polices related to race, color, national origin, age, religion, disability, genetic information or veteran status and promoting full compliance with all applicable federal, state and local discrimination laws. Equity Programs can assist with:
- Consultation concerning issues of possible discrimination, harassment or retaliation
- Investigation of complaints of discrimination, harassment and/or retaliation
- Consultation or training for search and screening committees
- Consultation regarding reasonable accommodation for participants with disabilities and for religious accommodations
- Consultation regarding disability access problems
Title IX is responsible for ensuring compliance with the university’s anti-discrimination policies related to sex or gender, sexual orientation, gender identity, gender expression and promoting full compliance with all applicable federal, state and local discrimination laws: “Title IX” can assist with:
- Consultation concerning issues of possible gender based discrimination, harassment, violence or retaliation
- Investigation of complaints of gender-based discrimination, harassment, or retaliation
- Investigation of sexual misconduct matters including sexual assault (non-consensual sexual contract)
- Investigation of relationship violence matters including domestic violence and dating violence
- Investigation of stalking
- Training designed for your department that focuses on prevention
**Know Before You File:
The University takes complaints of prohibited conduct very seriously. If you are found to have intentionally or maliciously been dishonest, reckless, or frivolous in making these allegations of a violation, you will be subject to disciplinary action.
It is the policy of Marshall University to maintain a work and educational environment free from all forms of sexual harassment of any employee, applicant for employment, or student. Sexual harassment in any manner or form is expressly prohibited. It is the responsibility of the University to provide educational opportunities to create this free environment and to take immediate and appropriate corrective action when sexual harassment is reported or becomes known. Supervisors at every level are of primary importance in the implementation and enforcement of this rule. Any complaint regarding discrimination or sexual harassment should be made to your immediate supervisor, your department manager, or the Director of Equity Programs. All allegations will be investigated by the Director of Equity Programs.
A complete copy of the Sexual Harassment Policy can be obtained from the Equity Programs office, located in room 206 in Old Main.
Marshall University maintains a steadfast commitment to maintaining a healthy work and learning environment free from all forms of discrimination, including sexual harassment. Programs that educate and promote employee awareness and understanding about these issues have a positive, preventative impact, while fostering professionalism that reflects well on the entire institution.
In keeping with our longstanding commitment, arrangements have been made for every employee to participate in an interactive training program called Preventing Sexual Harassment. This program outlines current laws on sexual harassment and uses examples to illustrate words and behaviors that might reasonably be construed as constituting sexual harassment, and therefore must be avoided. While the program primarily focuses on sexual harassment, the principles it teaches apply essentially to all forms of discriminatory harassment that create hostile workplace conditions. These training programs are a part of our ongoing commitment to maintain an environment of civility and mutual respect. This program affirms the University’s dedication to furthering a climate that recognizes and values the worth and potential of every individual.
If you would like to receive sexual harassment training or advanced training on Title IX procedures through the Workplace Answers online training, contact Debra Hart, Title IX Coordinator, at firstname.lastname@example.org, by calling 304-696-2597 to make an appointment or by filling out the online form below.
Confidential resources are available for members of the University community who have been subject to prohibited conduct. You can download our Sexual Assault and Interpersonal Violence Resource Card or contact the following:
Marshall University Counseling Center
1st Floor Prichard Hall, One John Marshall Drive Huntington, WV 25755
CONTACT Rape Crisis Center
P.O. Box 2963
Huntington, WV 25728-2963
Office Phone: 304-523-3447
24-hour crisis hotline: 304-399-1111 (Serving: Cabell, Wayne, Lincoln and Mason Counties)
REACH Family Counseling Connection
(Serving: Kanawha, Jackson, and Putnam Counties)
Cabell Huntington Hospital
Emergency & Trauma Services / 304-526-2200
St. Mary’s Medical Center
Emergency Services / 304-526-1111
Charleston Area Medical Center (CAMC) – General
- Coordinators and Reporters
As part of the #MarshalluFamily, we must all make ending sex discrimination a priority. However, some individuals at the university have been identified as having specific responsibility for reporting any behavior that has the potential to be discriminatory or harassing. We call these individuals responsible employees, or mandatory reporters.
Who is a Mandatory Reporter?
A Mandatory Reporter is any one:
- Any employee of the University who becomes aware of sex discrimination as defined in this policy (including sexual harassment, sexual misconduct, stalking on the basis of sex, dating/intimate partner violence or sexual exploitation), regardless of whether the recipient of the behavior is a student, employee, volunteer or visitor of the University.** Exception: Employees with a legal obligation or privilege of confidentiality (including health care providers, counselors, lawyers, and their associated staff) are not considered Mandated Reporters and are not required to report when the information is learned in the course of a confidential communication.
Examples of Mandatory Reporters include:
- Vice presidents, Provost, Deans, Department Heads, Directors
- Coaches, Athletic Administrators, Athletic Trainers, Strength and Conditioning Staff Members
- Employees in Supervisory or Management roles
- Faculty Members/Professors
- Administrative Staff/Program Assistants/Secretaries
- Academic Advisors
- Resident Advisors (RAs)/ Residential Life Staff
- Teaching Assistants (TAs) and Graduate Assistants (GAs)
- Student Affairs Professionals
- Anybody a student views as having authority must report
What is the Purpose of a Mandatory Reporter?
Through your knowledge and application of University policy and state laws, you play an important role in:
- Protecting students, faculty and staff from incidents of sexual violence.
- Supporting sexual assault survivors.
- Helping the University maintain a safe environment by striving to eliminate, prevent, and address discrimination on the basis of sex, including sexual violence.
What are your Primary Responsibilities as a Mandatory Reporter?
The main responsibility of mandatory reporters is to report any Title IX violations to the University as soon as possible. You are required to report incidents you personally observe as well as incidents reported to you. You must report these offenses to the Title IX coordinator.
What Additional Responsibilities might you have as a Mandatory Reporter?
Many mandatory reporters under Title IX are also considered Campus Security Authorities (CSAs) under the Clery Act. As such, you may be required to file reports of certain crimes, including sexual assault and child abuse/neglect, according to procedures outlined by the Clery Act.
The University encourages anyone who experiences or becomes aware of an incident of Prohibited Conduct involving a student to immediately report the incident to the University through the following reporting options:
- By contacting the University’s Title IX Coordinator or any Deputy Title IX Coordinator by telephone, email, or in person: Debra Hart, Director/ Title IX Coordinator, Old Main Room 206
- Pursuant to Title IX, certain University employees, called “Responsible Employees,” are required to report to the Title IX Coordinator all information disclosed to them about an incident of Prohibited Conduct.
- The U.S. Department of Education’s Office for Civil Rights (OCR) enforces, among other statutes, Title IX of the Education Amendments of 1972. Title IX protects people from discrimination based on sex in education programs or activities that receive Federal financial assistance. A Complainant may choose to make a report to the OCR at any time by contacting:
Office for Civil Rights
U.S. Department of Education
The Wanamaker Building
100 Penn Square East, Suite 515
Philadelphia, PA 19107-3323
FAX: 215-656-8605; TDD: 800-877-8339
IN THE CASE OF AN EMERGENCY or FOR IMMEDIATE ASSISTANCE:
Dial 911 or call the Marshall University Police Department at 304-696-HELP