Title IX FAQs
What is Title IX, or TIX?
Title IX is a federal law that protects individuals from sex discrimination in any education program or activity receiving federal financial assistance.
Is Title IX just for learners?
No. Employees, contractors, visitors, learners—everyone in the campus community-is protected by Title IX.
Isn’t Title IX just about athletics?
No. Title IX addresses discrimination based on sex/gender. Title IX considers sexual harassment and sexual violence as forms of sex/gender discrimination and it requires that all incidents of sexual harassment and sexual violence be viewed as discrimination and in some circumstances, be investigated. Title IX also protects people who are harassed or discriminated against because of their actual or perceived gender, sexual orientation, marital status, and because of their pregnancy, parenting, or other conditions associated with pregnancy.
Does Title IX protect all learners from sexual violence?
Yes. Title IX protects all learners from sex discrimination, including sexual violence. Any learner can experience sexual violence: from elementary to professional school learners; male and female learners; straight, gay, lesbian, bisexual and transgender learners; part-time and full-time learners; learners with and without disabilities; and learners of different races and national origins.
As a learner at NSCC, am I protected from sex discrimination?
Yes, it is unlawful to discriminate against learners because of their sex.
Is it possible to be sexually harassed/assaulted by someone of the same sex/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 and the College.
Why does the College require every learner to complete training?
- We are required by the Federal government to train our entire campus community on Title IX, bystander intervention, and many other important topics. We believe that by training our College annually, we can reduce sexual harassment occurrences and help remind our campus of the dignity of each person.
- Regardless of your age, status, sexual orientation, ethnicity, or sex, it is possible you could be discriminated against. We won’t stand for that and we want you to be prepared to report that behavior to us so we can resolve the behavior quickly and equitably. Our goal is to ensure you can fully access your educational program here!
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, 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.
- Failing to excuse absences for pregnancy or related conditions. Additionally, when necessary, schools must make temporary adjustments that are reasonable and responsible for pregnant learners.
- Denying someone because of their marital or parental status. For example, a student enrolls in a lab and is told by the faculty member that they cannot participate in a portion of the class because of their pregnancy. Or, a faculty member is denied a raise because her supervisor determines she cannot dedicate as much time to the position because she has children.
What issues does the Title IX Team handle?
The Title IX Team is responsible for responding to all reports relating to sexual harassment, including quid pro quo sexual harassment, hostile environment harassment, sexual assault, dating violence, domestic violence, and stalking. The Team is able to assist with excused absences and other accommodation requests for pregnant and parenting learners. The Team also responds to reports of harassment or discrimination on the basis of gender identity, gender expression, gender nonconforming status, or sexual orientation.
What happens if I was assaulted off-campus?
Our Policy applies to conduct that occurs on College property or at College-sponsored activities. The College may also address “Non-Title IX” complaints that occur off-campus, and/or online when the conduct affects a substantial College interest.
Does the Policy apply to on-line behavior too?
Yes, all actions by a member of the College community that involve the use of the College’s computing and network resources from a remote location, including but not limited to accessing email accounts, digital platforms, and computer hardware or software owned or operated by NSCC will be deemed to have occurred on campus. Additionally, on-line and/or social media conduct may violate this Policy if it meets the definition of prohibited conduct.
What is consent?
Consent is defined as an affirmative indication by words and/or actions of a voluntary agreement to engage in the particular sexual act or conduct in question. Consent for one sexual act or conduct does not constitute consent to all sexual acts or conduct. Consent can be withdrawn at any time, and once withdrawal of consent has been expressed, sexual activity must cease. Consent cannot be obtained through the use of force, threat, intimidation, or coercion. Silence or absence of resistance on the part of an individual does not constitute their consent. Consent cannot be given by someone who is incapacitated due to consuming drugs or alcohol or for any other reason (including but not limited to being unconscious, asleep, or otherwise unaware that sexual activity is occurring).
How do I know if someone is incapacitated?
Incapacitation is a state where someone cannot make rational, reasonable decisions because they lack the capacity to give knowing consent (e.g., to understand the “who, what, when, where, why, or how” of their sexual interaction). While incapacitation may result from the use of alcohol and/or drugs, incapacitation is a state beyond drunkenness or intoxication. Incapacitation may also exist because of a physical, mental, or developmental disability. The question of incapacitation will be examined objectively from the perspective of the Respondent i.e. whether a reasonable, sober person in place of the Respondent should have known the condition of the Complainant based on the apparent indications of incapacitation, which may include, but are not limited to, acting confused or incoherent, difficulty walking or speaking, and/or vomiting.
What if I am underage? Am I going to get “charged” for underaged drinking if I report an assault?
To encourage reporting under these circumstances, the College will not take disciplinary action against a learner reporter, learner witness, learner Complainant, or learner Respondent for their personal use of alcohol or drugs or for other prohibited conduct at or near the time of the incident reported if such violations do not or did not subject other people to harm.
What happens if I report something to a staff member or a professor?
All faculty and staff members who are not Confidential Resources are “Mandatory Reporters.” A Mandatory Reporter who witnesses or receives information regarding the occurrence of an incident that the employee believes could constitute an offense as defined in this policy shall promptly report such information to the institution’s Title IX Coordinator(s) using the reporting form or via email. A report to a faculty or staff member does not result in a Complaint for purpose of triggering an investigation or Informal or Formal Resolution Processes; however, our Policy requires the reporting of that information by the Mandatory Reporter to the institution’s Title IX Coordinator(s)
What if I want to remain anonymous?
The College understands that some Complainants may seek confidentiality with respect to a report of sexual harassment, including requesting that they not be identified to the Respondent. Due to the usually private nature of these actions and the need to ensure a fair process for all involved, the College may not be able to pursue charges of sexual harassment unless the Complainant is willing to be identified. The College may be able to identify ways to prevent recurrence if sufficient information is made available at the time of the report.
My friend told me that they were assaulted. What can I do to help?
Make sure they are safe. If not, get them to a safe place.
Listen, believe, and do not judge them.
Reinforce that they are not to blame.
Help them organize their thoughts, but let them make decisions about how to proceed.
Provide options if your friend wants to report the assault. Reporting can be done on campus by contacting NSCC PD. To report off campus, call 911 or see the lists of reporting options at the rear of our Policy.
Contact a trained counselor who will be able to help you in understanding what steps to take to help your friend.
Explain that seeking medical attention is very important if the assault was recent. There may be injuries that they are unaware of.
Encourage them not to disturb potential evidence. Even if they do not plan to press charges or contact College officials, they should not change clothes, shower, or wash their hands after the assault, which can disturb DNA evidence. Get medical attention first. Similarly, save all electronic evidence too (text, social media posts, DMs, etc.)
Be accessible. Your friend may need to talk at odd hours or for long periods of time.
Deal with your feelings. Sexual assault impacts loved ones, and you need to heal as well.
Understand that every victim is different. Your friend may exhibit shock, denial, rationalization, depression, guilt, fear, anxiety, and anger. All are normal emotions.
Do not engage with the alleged perpetrator. Contacting him/her may be viewed as threatening behavior.
Encourage your friend to get mental health care.
What can I do here at NSCC?
Educate yourself. Attend a prevention program or event on campus or in the community.
Confront language, jokes, or comments about victim blaming, sexism, racism, or homophobia.
Pledge to be an active bystander if you notice red flags of sexual assault. If you see something concerning – say something!
Know campus resources for reporting and your responsibility to report.
Support and believe survivors of sexual assault
Together we can create a culture where everyone feels safe and respected.
I am pregnant and have a lot of appointments coming up, what should I do?
Title IX requires that schools must excuse a learner's absences due to pregnancy or related conditions. Please reach out to the Title IX Coordinator for assistance by emailing titleix@northweststate.edu.
What Happens When I Report Sexual Harassment
View the PDF below to learn more.