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Important Terms & Definitions

Definition of Title IX Sexual Harassment and Sex and Gender Discrimination

• What is Title IX Sexual Harassment? Title IX is the section of the federal law that prohibits sex and gender discrimination in every education program that receives federal funding. In May 2020, the U.S. Department of Education revised the prohibited actions that are prohibited specifically by Title IX. Title IX sexual harassment includes two types of sexual harassment, sexual assault, dating violence, domestic violence, and stalking if, and only if:
• 2) the allegation occurred within the United States; and
• 3) the allegation occurred either on-campus or off-campus when the University exercised substantial control over the parties and context in which the alleged action took place.
• What is Sex and Gender Discrimination? Sex and gender discrimination includes any adverse action which denies an individual access to either education or employment at �������ϲ���ʷ������¼ based on sex, gender, sexual orientation, or gender identity. It includes many types of University-prohibited behaviors such as sexual harassment, sexual assault, dating violence, domestic violence, stalking, and sexual exploitation.
• If an alleged action does not fall under Title IX sexual harassment, it may be investigated under the University’s sex and gender discrimination policies and procedures.

Statement of Nondiscrimination

• The University does not discriminate against any employee, applicant for employment, student, or applicant for admission on the basis of:
• This policy covers nondiscrimination in both employment and access to educational opportunities. Therefore, any member of the University community whose acts deny, deprive, or limit the educational, employment, or residential and/or social access, benefits, and/or opportunities of any member of the University community, guest, or visitor on the basis of that person’s actual or perceived membership in the protected classes listed above is in violation of the University policy on nondiscrimination.
• When brought to the attention of the University, any such discrimination will be promptly and fairly addressed and remedied by the University according to the appropriate grievance process described below.
• Non-members of the campus community who engage in discriminatory actions within University programs or on University property are not under the jurisdiction of this policy but can be subject to actions that limit their access and/or involvement with University programs as the result of their misconduct. All vendors serving the University through third-party contracts are subject by those contracts to the policies and procedures or their employers.

Statement of Notice and Response

• �������ϲ���ʷ������¼ is committed to provide an educational and working environment that is free from discrimination and misconduct based on sex and/or gender, including discrimination on the basis of sexual orientation, gender identity, or gender expression. If reported, the University will conduct a prompt, fair, and impartial investigation and, where appropriate, issue corrective measures, and/or sanctions.

Statement of Support Services

• Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the parties to restore or preserve access to the University’s education program or activity, including measures designed to protect the safety of all parties and/or the University’s educational environment, and/or to deter harassment, discrimination, and/or retaliation.
• The Title IX Coordinator promptly makes supportive measures available to the parties upon receiving notice or a complaint. At the time that supportive measures are offered, the University will inform the Complainant, in writing, that they may file a formal complaint with the University either at that time or in the future, if they have not done so already. The Title IX Coordinator works with the Complainant to ensure that their wishes are taken into account with respect to the supportive measures that are planned and implemented.
• The University will maintain the privacy of the supportive measures, provided that privacy does not impair the University’s ability to provide those supportive measures. The University will act to ensure as minimal an academic/occupational impact on the parties as possible. The University will implement measures in a way that does not unreasonably burden the other party.
• These actions may include, but are not limited to:
• Referral to the Employee Assistance Program
• Referral to community-based service providers
• Visa and immigration assistance
• Student financial aid counseling
• Education to the institutional community or community subgroup(s)
• Altering campus housing assignment(s)
• Altering work arrangements for employees or student-employees
• Safety planning
• Providing campus safety escorts
• Providing transportation accommodations
• Implementing contact limitations (no contact orders) between the parties
• Academic support, extensions of deadlines, or other course/program-related adjustments
• Trespass Orders or No Contact Orders
• Timely warnings
• Class schedule modifications, withdrawals, or leaves of absence
• Increased security and monitoring of certain areas of the campus
• Any other actions deemed appropriate by the Title IX Coordinator
• Violations of no contact orders will be referred to appropriate student or employee conduct processes for enforcement.

EEO Statement

• �������ϲ���ʷ������¼ is an equal opportunity employer. Minorities, females, persons with disabilities, and veterans are encouraged to apply. It is our policy not to discriminate unlawfully against any applicant or employee because of age, sex, race, color, religion*, national origin, veteran status, disability, or sexual orientation. �������ϲ���ʷ������¼ will provide reasonable accommodations for applicants and employees with disabilities when such accommodations do not impose an undue hardship on the institution.

ELCA Social Messages and Statements

• 1) both parties were participating (or attempting to participate) in the education program or activity of the school;
• The University adheres to all federal, state, and local civil rights laws and regulations prohibiting discrimination in institutions of higher education.
• Race, religion, hearing status, personal appearance, color, sex, pregnancy, political affiliation, source of income, place of business, residence, creed, ethnicity, national origin (including ancestry), citizenship status, physical or mental disability (including perceived disability), age, marital status, family responsibilities, sexual orientation, gender, gender identity, gender expression, veteran or military status (including disabled veteran, recently separated veteran, active duty wartime or campaign badge veteran, and Armed Forces Service Medal veteran), predisposing genetic characteristics, domestic violence victim status, height, weight, or any other protected category under applicable local, state, or federal law, including protections for those opposing discrimination or participating in any grievance process on campus, with the Equal Employment Opportunity Commission, or other human/civil rights agencies.
• �������ϲ���ʷ������¼ is committed to provide an educational and working environment that is free from discrimination and misconduct based on sex and/or gender, including discrimination on the basis of sexual orientation, gender identity, or gender expression. If reported, the University will conduct a prompt, fair, and impartial investigation and, where appropriate, issue corrective measures, and/or sanctions.
• The University will offer and implement appropriate and reasonable supportive measures to the parties upon notice of alleged harassment, discrimination, and/or retaliation.
• *Section 702, Title VII, provides that a church-related institution may give preference in employment on the basis of religion where religion is a bona fide occupational qualification reasonably necessary to the normal operation of that institution. As a university of the Evangelical Lutheran Church in America, �������ϲ���ʷ������¼ will employ persons affirming faith in the mission of the Evangelical Lutheran Church in America sufficient in number to maintain an active and dynamic relationship with the Church.
• ELCA Social Message on Gender-Based Violence (2015)
• “This church, as one expression of the body of Christ, not only laments gender-based violence but also condemns it. This church commits itself to the many acts, steps and forms of healing it requires. We are called to create change in the various expressions of this church and in collaboration with our partners. We are also called to foster change within social and public spheres.”
• ELCA Social Statement on Faith, Sexism, and Justice (2019)
• Disavows “the sins of patriarchy and sexism” and discrimination based upon sex/gender/sexuality. Advocates for policies respecting “women, girls, and people who identify as non-binary” […] or “gender non-conforming”.
• ELCA Social Statement on Human Sexuality (2009)