3.19 Title IX Sex Discrimination, Sex-Based Harassment, and Retaliation

Last Revised: NEW

Refer Questions to: Director, Equal Opportunity Programs and Title IX Coordinator

ADMINISTRATIVE POLICY

Replaces A&O Policy 3.02 effective August 1, 2024

3.19: Title IX Sex Discrimination, Sex-Based Harassment, and Retaliation

Executive Sponsor: Chief Officer of Belonging and Engagement

Responsible Unit: Office of Equal Opportunity Programs and Title IX

Effective: August 1, 2024

STATEMENT

Gallaudet University is committed to providing an educational and employment environment that is free from sex discrimination, sex-based harassment and retaliation for engaging in protected Title IX activity.

SCOPE

This Policy applies to faculty, teachers, staff, students, and guests participating or attempting to participate in Gallaudet University and/or Clerc Center education programs or activities, including employment.

This Policy is applicable to alleged incidents of sex discrimination or sexual harassment within the scope of Gallaudet and/or Clerc Center education programs or activities.

POLICY

It is the policy of Gallaudet University to comply with Title IX of the Education Amendments of 1972, which prohibits discrimination based on sex in education programs and activities that receive federal financial assistance. This Policy and related policies protects all members of the Gallaudet and Clerc Center community who experience sex discrimination (including on the basis of gender identity or expression), sex-based harassment, sexual assault, sexual misconduct, interpersonal violence (including dating and domestic violence), stalking, or discrimination on the basis of pregnancy.

To promote an educational and employment environment that is free of sex discrimination, sex-based harassment, and retaliation, the Office of Equal Opportunity Programs and Title IX shall be responsible for the development and implementation of procedures and training and for responding to any reports or complaints of violations under this Policy. 

Mandated Reporters

With limited exceptions, all employees, including student-employees, are Mandated Reporters. Mandated Reporters are required to promptly report all known details of actual or suspected sex discrimination, sex-based harassment, and/or retaliation to the Title IX Coordinator.

Mandated Reporters do not include those employees designated as Confidential Employees and those conducting human subjects research as part of a study approved by Gallaudet University’s Institutional Review Board.

Confidential Employees

Confidential Employees are not required to report information upon the request of the complainant; however, they are required to submit anonymized information to the Department of Public Safety (“DPS”) for Clery Act reporting purposes unless they believe it would be harmful to their client, patient, or parishioners.

The following employees are designated as Confidential Employees: 

• Student Health Service· 
• Counseling and Psychological Services
• Office of Campus Ministries (clergy members only)

Designated Confidential Resources

Unless a complainant has requested the information be shared, Designated Confidential Resources are not required to report actual or suspected sex discrimination, sex-based harassment, or retaliation in a way that identifies the parties. They will, however, provide the complainant with the Title IX Coordinator’s contact information and offer options and resources without any obligation to report the incident to the University or an outside agency. They are required to submit anonymized information to DPS for Clery Act reporting purposes unless they believe it would be harmful to their client, patient, or parishioners. 

The following are Designated Confidential Resources:

• Office of the Ombuds
• Employee Assistance Program
• Office of Campus Ministries (non-clergy members only)

Training

All Mandatory Reporters, including student-employees, are required to undergo annual training on Title IX. Employees with heightened reporting expectations, including employees designated as a Confidential Employee or Confidential Resource, shall receive comprehensive annual training on their Title IX obligations.

Reports/Complaints of Title IX Sex Discrimination, Sex-Based Harassment, and/or Retaliation

Reports or complaints under this policy may be made by filing a complaint with the Office of Equal Opportunity Programs and Title IX.

Within any procedures related to this Policy, reasonable accommodations will be provided whenever consistent with state and federal law.

SCHEDULE OF REVIEW

This policy shall be reviewed every three years and as needed to comply with any applicable laws and regulations. The next scheduled review shall be completed by: August 1, 2027.

APPROVED BY

Gallaudet University Administration

July 31, 2024

RELATED POLICIES, PROCEDURES, AND RESOURCES

• 3.01 Equal Opportunity Statement
• 3.18 Discrimination (formerly 2.28 Anti-Discrimination Policy and Complaint Procedure)
• Office of Equal Opportunity Programs and Title IX 

HISTORY

2024 08 01 replaces A&O Policy 3.02

updated to comply with Title IX 2024 regulations