Preamble

I. Preamble

The University does not discriminate on the basis of sex or gender in any of its education or employment programs and activities, and it does not tolerate discrimination or harassment on the basis of sex or gender. The requirement not to discriminate on the basis of sex extends to admissions and employment at the University.  Title IX of the Education Amendments of 1972 (Title IX) provides, “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.” In the intervening half century since the law’s passage, federal guidance on how to implement the law have evolved to recognize that sexual harassment, including sexual assault, are forms of discrimination prohibited under Title IX.  In May 2020, the U.S. Department of Education issued revised Title IX regulations which provide prescriptive procedural requirements for responding to reports and formal complaints of sexual harassment, including sexual assault, dating violence, domestic violence, and stalking.  DePauw University also believes that harassment and/or violence based on gender or sex are a barrier to equal access to education. The following policy is intended to comply with current federal Title IX regulations by providing a prompt and equitable process to conduct addressed by the Title IX regulations.  The policy also addresses conduct outside of the Title IX regulations that DePauw University also considers to constitute discrimination based on gender and/or sex.

The University prohibits sexual misconduct and interpersonal violence encompassing a broad spectrum of behaviors, including sexual harassment, sexual assault, dating violence, domestic violence, and stalking as defined by the Title IX regulations (collectively, Title IX Sexual Harassment). The University also prohibits retaliation against any persons who, in good faith, discloses or makes a formal complaint of sexual misconduct or interpersonal violence or who testifies, assists, or participates or refuses to participate in any manner in an investigation or resolution process under this Policy. Collectively, these behaviors are referred to in this policy as prohibited conduct. The University does not tolerate any form of sexual misconduct or interpersonal violence, and will promptly respond to any disclosure of prohibited conduct made to either the Title IX Coordinator or the University police, DePauw Police.  Individuals who are found responsible for engaging in prohibited conduct in violation of this Policy are subject to disciplinary action by the University, up to and including termination. Conduct that potentially violates state law may result in a separate criminal prosecution.

The University has designated a Title IX Coordinator to oversee the implementation of this policy and to ensure compliance with Title IX and its implementing regulations, relevant portions of the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act), as amended by the Violence Against Women Reauthorization Act of 2013 (VAWA), Title VII of the Civil Rights Act of 1964, and other applicable law.  This Policy is overseen by the Title IX Coordinator. Disclosures of prohibited conduct can be made to the Title IX Coordinator or, if the prohibited conduct is potentially a crime, reported to DePauw Police.

It is the responsibility of every member of the University community to foster an environment free from prohibited conduct. All members of the community are strongly encouraged to take reasonable and prudent actions to prevent or stop an act of prohibited conduct. This may include direct intervention when safe to do so, enlisting the assistance of others, contacting law enforcement, or seeking assistance from a person in authority. The University also encourages all members of the community to report prohibited conduct and to participate in any subsequent investigation.  Community members who choose to exercise these positive responsibilities will be supported by the University and protected from retaliation.