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Title IX Frequently Asked Questions

What is the 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 (federal law) and Chapter 213 RSMO (state law).

Isn't Title IX just about athletics?

No, not entirely. Title IX addresses discrimination based on sex/gender. UMKC considers any allegations of sexual harassment, sexual misconduct, sexual violence and sex/gender discrimination serious and will thoroughly investigate.

The US Department of Education, Office of Civil Rights ( OCR) enforces Title IX and considers sexual harassment, sexual assault, and sexual misconduct as forms of sex/gender discrimination. It requires that all incidents of sexual harassment, sexual assault and sexual misconduct be viewed as discrimination and be investigated.

As a student at UMKC, am I protected from sex discrimination?

Yes, it is unlawful to discriminate by University policy and Title IX against UMKC students 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 University policy and Title IX.

What is sex discrimination? How is it defined? Sex discrimination includes sexual harassment and sexual assault.

Discrimination is 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 UMKC.

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 University 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 must be sufficiently severe, persistent or pervasive and objectively offensive 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.

Sexual Assault is defined by the criminal statutes of Missouri as a crime involving forced or coerced sexual penetration (first and third degree) or sexual contact (second and fourth degree).

Sexual assault can occur either forcibly (against a person's will) or when a person cannot give consent. What does "when a person cannot give consent" mean? In certain situations, a person does not have the capacity to agree to participate in consensual sex.

Examples include individuals who are under the age of consent, intoxicated, developmentally disabled, mentally/physically unable to consent, etc. Anyone engaging in sexual contact with someone who is unable to give consent may be committing sexual assault.

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:

1. 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.

2. 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.

3. 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.

4. 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.

5. 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 Speak Up. The best way to stop any kind of discrimination is to tell someone who is trained to hear complaints (report it, don't ignore it), and that person will investigate and, when appropriate, take steps to stop the discrimination.

Who do I tell?

There are several Deputy title IX coordinators at UMKC trained to assist you and to ensure that you get the appropriate assistance. UMKC’s Title IX Coordinator oversees all compliance with all Title IX related matters, including the handling of complaints.

You may contact the Title IX coordinator or any of the Deputy Coordinators to get the assistance you need regarding sexual harassment, sexual assault and sexual misconduct.

Detailed information about how and where to file a complaint of sex discrimination, sexual harassment or sexual assault can be found on the UMKC Title IX Compliance Page.

If an incident of sexual violence occurs off campus, can the university investigate?

Yes, if the incident has sufficient ties to UMKC (if it occurs at an UMKC event, if it involves an UMKC student, staff member or faculty member, etc.) then UMKC can investigate and provide resolution.

Title IX Contact

Michael Bates

Director of Affirmative Action

batesmd@umkc.edu
816-235-6910


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