Title IX

Conduct on the basis of sex that satisfies one or more of the following:

1. A school employee conditioning the provision of an aid, benefit, or service of the recipient on an individual's participation in unwelcome sexual conduct

This is the quid pro quo (something for something else) type.

Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the recipient's education program or activity

• With the 3rd prong covering most everything physical, this prong is focused on verbal or written/ electronic forms of harassment.

• Standard is subjective with respect to the unwelcome-ness of the conduct (i.e., whether the complainant viewed the conduct as unwelcome), but as to elements of severity, pervasiveness, objective offensiveness, and denial of equal access, determinations are made by a reasonable person in the shoes of the complainant.

"Sexual assault" (as defined by the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act at 20 USC 1092 (f)(6)(A)(v));

"dating violence" (as defined by the Violence Against Women Act at 34 USC 12291 (a)(10));

"domestic violence" (as defined by the Violence Against Women Act at 34 USC 12291 (a)(8)); or "stalking" (as defined by the Violence Against Women Act at 34 USC 12291 (a)(30)).

The Definition of Program or Activities

Educational Program or Activity

34 CFR 106.44(a) Schools must respond when sexual harassment occurs in the school's education program or activity, against a person in the United States. Education program or activity includes locations, events, or circumstances over which the school exercised substantial control over both the respondent and the context in which the sexual harassment occurs, and also includes any building owned or controlled by a student organization that is officially recognized by a postsecondary institution.

When in doubt, report to the Title IX Coordinator.