Title IX Frequently Asked Questions
What is 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 a Michigan law called the Elliott-Larsen Civil Rights Act.
Isn't Title IX just about athletics?
No, not entirely. Title IX addresses discrimination based on sex/gender. Title IX considers sexual harassment, sexual assault and pregnancy discrimination as forms of sex/gender discrimination and it requires that all of these sorts of incidents be viewed as discrimination and be investigated.
As a student at Delta, am I protected from sex discrimination?
Yes, it is unlawful to discriminate against Delta 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 Title IX.
Are gay and lesbian students protected from sexual harassment?
Yes. Title IX prohibits harassing conduct that is of a sexual nature if it is unwelcome and denies or limits a student's ability to participate in or benefit from a school's program, regardless of whether the harassment is aimed at gay or lesbian students or is perpetrated by individuals of the same or opposite sex. Title IX does not address discrimination or other issues related to sexual orientation.
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 Delta.
Sexual Harassment is any unwelcome conduct of a sexual nature that denies or limits a student's ability to participate in or benefit from a school's education program when:
- Submission to such conduct is made either explicitly or implicitly a term or condition of instruction, employment, or participation in any College 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 is sufficiently serious 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 sexual conduct statutes of Michigan 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.
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:
- 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, of 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.
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 a college official. That person will contact the Title IX Coordinator.
Who do I tell?
There are several people at Delta College trained to address complaints of gender discrimination. Delta College’s Title IX Coordinator, Linda Holoman, oversees all compliance with all Title IX related matters, including the handling of complaints.
Detailed information about how and where to file a complaint of sex discrimination, sexual harassment or sexual assault can be found at www.delta.edu/TitleIX.
If an incident of sexual violence occurs off campus, can the university investigate?
Yes, if the incident has sufficient ties to Delta (if it occurs at an Delta event, if it involves a Delta student, staff member or faculty member, etc.) then Delta can investigate and provide resolution.