TITLE IX


Title IX of the Education Amendments of 1972 is a federal law intended to end sex discrimination in all areas of education. It applies to non-discrimination based on sex/gender to all recipients of federal funds, both public and private institutions. Additionally, it applies to issues of program equity, such as in athletics, and also to sexual harassment, sexual misconduct, and gender discrimination. In addition to the implementing regulations, the guidelines for compliance with Title IX are provided by the U.S. Department of Education, Office of Civil Rights (OCR).

Statement of Non-Discrimination

Tusculum University adheres to all federal and state civil rights laws prohibiting discrimination in private institutions of higher education. Tusculum University will not discriminate against any employee, applicant for employment, student or applicant for admission on the basis of race, religion, hearing status, color, sex, pregnancy, religion, creed, ethnicity, national origin (including ancestry), citizenship status, physical or mental disability, age, marital status, gender, veteran or military status (including special disabled veteran, Vietnam-era veteran, or recently separated veteran), predisposing genetic characteristics, domestic violence victim status, physical appearance, or any other protected category under applicable local, state or federal law, including protections for those opposing discrimination or participating in any resolution process on campus or within the Equal Employment Opportunity Commission or other human rights agencies.

Behavior that is prohibited by our Non-Discrimination policy:

  • Sexual Harassment
    • Hostile Environment
    • Quid Pro Quo (This for That)
    • Retaliation
  • Non-Consensual Sexual Intercourse
  • Non-Consensual Sexual Contact
  • Sexual Exploitation
    • Sexual voyeurism (such as watching a person undressing, using the bathroom or engaged in sexual acts without the consent of the person observed).
    • Invasion of sexual privacy.
    • Taking pictures or video or audio recording another in a sexual act, or in any other private activity without the consent of all involved in the activity, or exceeding the boundaries of consent (such as allowing another person to hide in a closet and observe sexual activity, or disseminating sexual pictures without the photographed person’s consent).
    • Prostitution.
    • Sexual exploitation also includes engaging in sexual activity with another person while knowingly infected with human immunodeficiency virus (HIV), a sexually transmitted disease (STD) or infection (STI) without informing the other person of the infection.
    • Administering alcohol or drugs (such as “date rape” drugs) to another person without his or her knowledge or consent (assuming the act is not completed).
    • Exposing one’s genitals in non-consensual circumstances.
    • Sexually-based stalking and/or bullying may also be forms of sexual exploitation.

In addition to the forms of sexual misconduct described above, the following behaviors are also prohibited as forms of discrimination when the act is based upon the reporting party’s actual or perceived membership in a protected class.

  • Threatening or causing physical harm, extreme verbal abuse, or other conduct which threatens or endangers the health or safety of any person;
  • Discrimination, defined as actions that deprive, limit or deny other members of the community of educational or employment access, benefits or opportunities;
  • Intimidation, defined as implied threats or acts that cause an unreasonable fear of harm in another;
  • Hazing, defined as acts likely to cause physical or psychological harm or social ostracism to any person within the university community, when related to the admission, initiation, pledging, joining, or any other group-affiliation activity (as defined further in the Hazing Policy);
  • Bullying, defined as
    • Repeated and/or severe
    • Aggressive behavior
    • Likely to intimidate or intentionally hurt, control or diminish another person, physically or mentally
    • That is not speech or conduct otherwise protected by the 1st Amendment.
  • Intimate Partner Violence, defined as violence or abuse between those in an intimate relationship to each other;
  • Stalking
    • Stalking 1:
      • A course of conduct
      • Directed at a specific person
      • On the basis of actual or perceived membership in a protected class
      • That is unwelcome, AND
      • Would cause a reasonable person to feel fear
    • Stalking 2:
      • Repetitive and Menacing
      • Pursuit, following, harassing and/or interfering with the peace and/or safety of another
  • Retaliation

Retaliation is defined as any adverse action taken against a person participating in a protected activity because of their participation in that protected activity. Retaliation against an individual for alleging harassment, supporting a party bringing an allegation or for assisting in providing information relevant to a claim of harassment is a serious violation of University policy and will be treated as another possible instance of harassment or discrimination. Acts of alleged retaliation should be reported immediately to the Title IX Co-Coordinators and will be promptly investigated. Tusculum University is prepared to take appropriate steps to protect individuals who fear that they may be subjected to retaliation.