Font Smaller Font Bigger Font Normal Font Size

About Title IX

 

WHAT IS TITLE IX?

 

Title IX prohibits sex discrimination, sexual harassment, and sexual violence in all student services and academic programs, including, but not limited to, admissions, financial aid, advising, housing, athletics, recreational services, health services, counseling, classroom assignments, and grading. 

 

OUR COMMITMENT

 

Dillard University is committed to creating and maintaining a campus environment where all individuals are treated with respect and dignity and free to participate in a lively exchange of ideas.  Individuals have a right to learn and work in an environment free of harassment. 

 

  • Sexual harassment is a form of sex discrimination prohibited under Title IX and will not be tolerated at Dillard University.

 

  • Harassment is not just limited to conduct of a sexual nature.  Dillard prohibits harassment based upon an individual’s race, color, sex, religion, national origin, age, disability, genetic information, sexual orientation, gender identity, gender expression, pregnancy, marital status, military status, veteran status, or any other status or classification protected by federal, state, or local law.

 

  • Harassment occurs when unwelcome verbal or physical conduct, because of its severity and/or pervasiveness, significantly interferes with an individual’s work or education, or adversely affects an individual’s employment or ability to learn or participate in school activities.

 

  • Harassment also occurs when a person uses a position of authority to engage in unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature.

 

Dillard complies with federal mandates related to Title IX, sex discrimination, sexual assault, sexual violence, intimate partner violence and dating violence. 

 

Dillard provides many resources to students, faculty and staff to address concerns relating to discrimination or harassment on the basis of sex, which includes sexual harassment and sexual violence. Students and Staff should familiarize themselves with the Dignity Bill of Rights.

 

Any student, faculty, staff member or applicant for admission who has concerns about sex discrimination or sexual misconduct is encouraged to seek the assistance of a Title IX Coordinator.

 

ROMANTIC OR SEXUAL RELATIONSHIPS BETWEEN FACULTY, STAFF AND STUDENTS

 

When individuals involved in a consensual romantic or sexual relationship are in positions of unequal power at the university, there is the potential for a conflict of interest, favoritism, and exploitation. In order to protect the integrity of the university academic and work environment, this policy outlines limitations on consensual romantic or sexual relationships between faculty, staff and students at Dillard University.

 

For the purpose of this policy, consensual romantic or sexual relationships means relationships of a romantic, dating, and/or sexual nature entered into with consent of both parties. For the purpose of this policy, supervisory or evaluative authority is the power to control or influence another person’s employment, 22 academic advancement, or extracurricular participation, including but not limited to, hiring, work conditions, compensation, promotion, discipline, admission, grades, assignments, supervision of dissertations, recommendations, financial support, or participation in extracurricular programs.

 

Evaluative authority

When individuals involved in a consensual romantic or sexual relationship are in positions of unequal power at the university, such as faculty-student, supervisor-supervisee, advisor-advisee, coach-student, senior facultyjunior faculty, senior staff-junior staff, or faculty-staff, there is the potential for a conflict of interest, favoritism, and exploitation. These relationships may be less voluntary than the person with greater power perceives, or circumstances may change and conduct that was once welcome may become unwelcome. The fact that a relationship was initially consensual does not insulate the person with greater power from a claim of sexual harassment. Further, a party’s professional or academic reputation may suffer due to perceptions of favoritism or exploitation. Moreover, such relationships may lead to restricted opportunities, or a perception thereof, for others in the work or academic environment. To protect the integrity of the university academic and work environment, Dillard requires that when a consensual romantic or sexual relationship exists or has existed between people in positions of unequal power at the university, the person with the greater power must not hold any supervisory or evaluative authority over the other person in the relationship, except as provided below.

 

If such a consensual relationship exists or develops, the person in the position of greater power must immediately report the relationship to his or her department chair, dean, or the Office of Academic Affairs (in the case of a faculty member), or the Office of Human Resources (in the case of a staff member). It is the responsibility of both the person with the greater power in the relationship and the individual to whom the relationship is reported to ensure that the party with the greater power is removed from any supervisory or evaluative authority over the other party to the relationship. In extraordinary circumstances where removal of supervisory or evaluative authority is not practicable, the parties must work with the department chair, dean, and the Office of Academic Affairs (in the case of a faculty member), or the Office of Human Resources (in the case of a staff member) to determine whether a written management plan can be developed to manage the conflict of interest. Failure to comply with the notification, removal, or management plan requirement is a violation of this policy.

 

Relationships between faculty/students and coaches/students

Consensual romantic or sexual relationships between faculty and students or coaches and students, even absent any supervisory or evaluative authority, may lead to unanticipated conflicts of interest since a teacher’s or coach’s influence and power may extend beyond the classroom, department, or team. There is always the possibility that the faculty member or coach may unexpectedly be placed in a position of power over the student. Due to the institutional power differential in faculty-student and coach-student relationships, there is the inherent risk of coercion and the perception by others of exploitation.

 

Accommodations for preexisting relationships between a faculty/staff member and a prospective student will also be considered on a case-by-case basis, and, when possible, will lead to development of a management plan in consultation with the department chair, dean, and the Office of Academic Affairs. Failure to comply with the required notification, removal of evaluative authority or management plan is a violation of this Policy.

 

Consequences for violations

If any faculty, staff, or student of Dillard violates the terms of this Policy, disciplinary action will be taken in accordance with relevant disciplinary procedures contained in the relevant handbooks, policies, procedures, practices, or contracts. Violations of this policy will result in disciplinary actions, which can include, but are not limited to, written warnings, loss of privileges, mandatory training or counseling, probation, suspension, demotion, exclusion, expulsion, and termination of employment.

 

SEXUAL HARASSMENT POLICY STATEMENT

 

It is the policy of Dillard University that all decisions regarding educational and employment opportunities at this University shall be made without unlawful discrimination because of race, sex, sexual orientation, color, 23 creed, age, national origin, disability or veteran status. Sexual harassment is a form of sex discrimination and is therefore in violation of University policy as well as federal and state statutes

 

Sexual harassment in any form is prohibited under this policy. Sexual harassment is a form of discrimination and is unlawful under Title VII of the Civil Rights Act of 1964 and Title IX of the Educational Amendments of 1972. According to these statutes, 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 or rejection of such conduct is used as the basis for employment or educational decisions or such conduct has the purpose or effect of creating an intimidating, hostile, or offensive working or learning environment. Sexual harassment is defined as unwelcome sexual advances or requests for sexual favors and/or other verbal or physical conduct or communication of a sexual nature when:

 

Submission to such conduct is made either explicitly or implicitly a term or condition of employment, or services, or academic status; or

 

Submission to, or rejection of, such conduct by an individual used as a basis for employment, or services, or academic decisions affecting him or her; or

 

Such conduct, whether verbal or physical, has the purpose or effect of interfering with the individual's work or academic performance or of creating an intimidating, hostile or offensive employment, service, or educational environment.

 

Sexual harassment does not refer to behavior or occasional compliments of a socially acceptable nature. It refers to behavior that is unwelcome and that is personally offensive, and therefore interferes with work or learning effectiveness.

 

Sexual harassment may take different forms. Examples of conduct that may constitute sexual harassment are:

 

1. Verbal:  Sexual innuendoes, suggestive comments, jokes of a sexual nature, sexual propositions, lewd remarks, threats, requests for any type of sexual favor (this includes repeated, unwelcome requests for dates), and verbal abuse or “kidding” which is oriented towards a prohibitive form of harassment, including that which is sex oriented and considered unwelcome.

 

2. Nonverbal:  The distribution, display, or discussion of any written or graphic material, including images, posters, and cartoons that are sexually suggestive, or show hostility toward an individual or group because of sex; suggestive or insulting sounds; leering; staring; whistling; obscene gestures; content in letters and notes, facsimiles, email, that is sexual in nature.

 

3. Physical:  Unwelcome, unwanted physical contact, including but not limited to, touching, tickling, pinching, patting, brushing up against, hugging, cornering, kissing, and/or fondling; forced sexual intercourse or assault.

 

Courteous, mutually respectful, non‐coercive interactions between employees and/or students that are acceptable to and welcomed by both parties are not considered to be harassment, including sexual harassment.

 

Sexual harassment may occur within a variety of relationships. These relationships may or may not involve unequal authority. Allegations of sexual harassment will be scrutinized, regardless of the relationship of a complainant to an alleged offender. Sexual Harassment will not be tolerated in any form.

 

Three forms of Sexual Harassment

 

A. Quid pro quo harassment

Where submission to harassment is used as the basis for employment or educational decisions. Quid pro quo harassment occurs when employee benefits such as raises, promotions, working hours, etc., or student benefits such as grades, assignments, recommendations, etc., are directly linked to compliance with sexual advances. Therefore, only someone with the authority to grant such benefits can engage in quid pro quo harassment.

 

Example: A supervisor promising or implying a raise to an employee if she goes on a date with him; a professor telling or suggesting to a student he will not get a recommendation for graduate school if he does not go out with her.

 

B. Hostile environment

Where the harassment creates an offensive and unpleasant working or learning environment. Hostile environment can be created by anyone in the work or learning environment, whether it is supervisors, fellow employees, professors, students, or outside contractors. Hostile environment harassment consists of language of a sexual nature, unwelcome sexual materials, or unwelcome physical contact as a regular part of the work environment. Cartoons or posters of a sexual nature, vulgar or lewd comments or jokes, or unwanted touching or fondling all fall into this category.

 

C. Gender Based Hostility

Where an individual or individuals are harassed because of their gender.

 

Sexual Verbal Abuse is language that is sexual in nature and unwanted on the part of another person. Examples include, but are not limited to, obscene telephone calls and use of written and/or oral communication which would be considered obscene.

 

Sexual misconduct in any form is prohibited. Sexual assault and sexual battery are both considered crimes of violence. Louisiana law defines rape as any anal, oral, or vaginal intercourse committed without lawful consent due to force, alcohol, narcotics, or unsoundness of mind. A person’s conduct may violate Dillard University’s definition of sexual misconduct while not violating Louisiana law.

 

1. Effective, lawful consent does not exist when a party has an abnormal condition of mind produced by any cause including but not limited to the ingestion of alcohol or drugs. There can be no effective, legal consent when a party knows or should know of an impairment of the other party’s capacity to give knowing and completely voluntary consent.

 

2. Both partners must be equally free to act. The option must exist to change “yes” to “no” at any point in intimacy. Sexual activity may be deemed to be non‐consensual if determined that coercion existed, meaning that each involved person was not afforded the option to choose whether or not to become, and continue to be, intimate with another.

 

3. Both partners must clearly communicate their willingness and permission. Consent is not the absence of the word “no”. Sexual activity may be deemed to be nonconsensual if determined an individual did not display obvious and unmistakable communication of wishing to become intimate with another.

 

Any member of the Dillard University community classified as student, faculty, or staff, who believes he or she is a victim of discrimination in violation of this policy should immediately report the incident to the Director of Human Resources. Employees or students who present a complaint or participate in an investigation or other proceedings pursuant to Dillard University's discrimination policy will not suffer any adverse consequences.

 

CONTACT

 

Sheila Judge

Title IX Coordinator/Director of Disability Services

Student Union, Room 274

Phone: 504.816.4370

Email:  sjudge@dillard.edu 

 

 

DILLARD UNIVERSITY

2601 Gentilly Boulevard
New Orleans, Louisiana 70122
504.283.8822

Dillard University Seal