What is Title IX Sexual Harassment?
The term “Title IX sexual harassment” refers to sexual harassment or other offenses that meet certain definitional and jurisdictional requirements under Title IX.
Loyola must address all formal complaints of Title IX sexual harassment according to the Grievance Process (which reflects the prescribed procedures under the law) when (a) the alleged conduct, if proven, would constitute Title IX sexual harassment (as defined below); (b) the alleged Title IX sexual harassment occurred in the United States; (c) the alleged Title IX sexual harassment occurred within a University education program or activity; and (d) at the time the formal complaint of Title IX sexual harassment was filed, the complainant was participating or attempting to participate in the University’s education program or activity.
As for the definition, Title IX sexual harassment means conduct on the basis of sex (including sexual orientation or gender identity) that satisfies one or more of the following:
1. Quid Pro Quo Sexual Harassment
Quid pro quo sexual harassment occurs when an employee (faculty or staff) conditions the provision of an aid, benefit, or service of the University on the complainant’s participation in unwelcome sexual conduct.
2. Hostile Environment Sexual Harassment
Hostile environment sexual harassment occurs when unwelcome conduct is directed towards a complainant that is determined by a reasonable person in the complainant’s position to be so severe, pervasive, and objectively offensive that it effectively denies the complainant equal access to the University’s education program or activity. Hostile environment sexual harassment occurs without regard to the respondent’s intent to cause harm, and is based on the totality of the circumstances in which the conduct occurs.
3. Other Forms of Title IX Sexual Harassment
Other forms of Title IX sexual harassment include sexual assault, dating violence, domestic violence, and stalking, as defined by applicable laws. These definitions, which are provided below, are distinct from Loyola’s own definitions described in Article 1 of the Comprehensive Policy.
a. Sexual Assault
Sexual assault is defined as an offense classified as a forcible or nonforcible sex offense under the Uniform Crime Reporting System of the Federal Bureau of Investigation. A sex offense is any sexual act directed against another person, without the consent of the complainant, including instances where the complainant is incapable of giving consent. Sex offenses are further defined and categorized as follows:
Rape is the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the complainant, including instances where the complainant is unable to give consent because of the complainant’s age or because of the complainant’s temporary or permanent mental or physical incapacity.
Fondling is the touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the complainant, including instances where the complainant is incapable of giving consent because of the complainant’s age or because of the complainant’s temporary or permanent mental or physical incapacity.
Incest is nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
iv. Statutory Rape
Statutory rape is nonforcible sexual intercourse with a person who is under the statutory age of consent (which in Illinois is 17).
b. Dating Violence
Dating violence is defined as violence committed by a respondent (a) who is or has been in a social relationship of a romantic or intimate nature with the complainant; and (b) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) the length of the relationship, (ii) the type of relationship, (iii) the frequency of interaction between the persons involved in the relationship.
c. Domestic Violence
Domestic violence is defined as felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the complainant, by a respondent with whom the victim shares a child in common, by a respondent who is cohabitating with or has cohabitated with the complainant as a spouse or intimate partner, by a respondent similarly situated to a spouse of the complainant under the domestic or family violence laws of the jurisdiction, or by any other respondent against an adult or youth complainant who is protected from that respondent’s acts under the domestic or family violence laws of the jurisdiction.
The term ‘‘stalking’’ means engaging in a course of conduct directed at a specific person that would cause a reasonable person to (a) fear for the person’s safety or the safety of others; or (b) suffer substantial emotional distress.