Title IX

US Department of Education’s New Title IX Regulations are Effective August 14, 2020

We will provide educational and awareness programming on sexual harassment and discrimination; and we will address hostile educational environments created by sex discrimination, sexual harassment, and sexual violence university-wide. Addressing a hostile environment means remedying a current situation, addressing its effects, and preventing its recurrence in the future.

This communication defines and explains the process required by the U.S. Department of Education (USDOE) under new Title IX Regulations, effective August 14, 2020; and applies to all members of the SHU community, including students, faculty and staff.

The new Formal Grievance Policy, effective August 14, 2020, follows the requirements of the USDOE’s Title IX Regulations. The scope of this policy is set forth on our website and contains citations to the applicable Title IX Regulations.

Title IX of the Education Amendments of 1972, 20 U.S.C. §1681 et seq., protects students from discrimination based on sex in educational programs or activities that receive Federal financial assistance. Title IX states that:

No person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any academic, extracurricular, research, occupational training, or other education program or activity operated by a recipient, which receives Federal financial assistance.

When Does the Title IX Formal Grievance Policy Apply?

This Formal Grievance Policy will apply to “sexual harassment” in a SHU “education program or activity” against a person in the United States. Title IX prohibits sexual harassment.

 “Sexual harassment” is defined by the Title IX Regulations to be conduct on the basis of sex that satisfies one or more of the following:

1. A SHU employee conditioning the provision of an aid, benefit, or service on an individual’s participation in unwelcome sexual conduct (“quid pro quo”);
2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to SHU’s education program or activity; or
3. Sexual assault, dating violence, domestic violence or stalking. (These terms are defined in the definitions section) 

An “education program or activity” includes locations, events, or circumstances over which SHU exercises 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 SHU. USDOE’s Regulations exclude any “education program or activity” that does not occur in the United States.

Sacred Heart University’s Response to Allegations/Knowledge of Sexual Harassment

If SHU receives an allegation of sexual misconduct that falls within the Formal Grievance Policy’s scope (it meets both the Title IX Regulations’ jurisdictional requirements and definition of “sexual harassment” (see Section II)) but no Formal Complaint is filed, then the new Title IX Regulations prevent SHU from administering a formal grievance process that may permit “the imposition of any disciplinary sanctions or other actions … against a respondent.” Supportive measures, however, may still be given.

Accordingly, SHU strongly encourages complainants to file Formal Complaints, so that the required Formal Grievance Process described in this Policy can be initiated. If the alleged conduct meets the Regulations’ definitional and jurisdictional requirements, the law now requires a Formal Complaint before SHU can pursue a full investigation or explore the possibility of an informal or early resolution, which occur before holding a disciplinary hearing or issuing sanctions.

Supportive Measures

Supportive measures are free, individualized services designed to restore or preserve equal access to education, protect safety or deter sexual harassment.

A complainant does not need to file a formal complaint for him/her to receive supportive measures. Supportive Measures are intended to support a student and are not punitive or disciplinary with respect to another student. These measures do not unreasonably burden any other person. Each student, the complainant and respondent, must have equal access to education prior to any determination of responsibility.

Examples of Supportive Measures include:

• Counseling
• Extension of deadlines
• Modification or work or class schedules
• Escort services
• Mutual restrictions on contact between individuals

The Title IX coordinator is responsible for implementing these supportive measures and must consider the complainant’s wishes when it comes to requests for supportive measures. Generally, SHU will keep supportive measures provided to the complainant or respondent confidential, to the extent possible.

Formal Grievance Procedures

SHU’s new Title IX Formal Grievance Policy will follow a grievance process that complies with the USDOE’s Title IX Regulations before the imposition of any disciplinary sanctions or other actions that are not supportive measures against a respondent.

Sacred Heart University will investigate sexual harassment allegations in any formal complaint, which can be filed by a complainant, or signed by the Title IX coordinator. The Title IX coordinator will appoint an Investigator to investigate the allegations subject to the Formal Grievance Process. The investigation may include, among other steps, interviewing the complainant, the respondent, and any witnesses; reviewing law enforcement investigation documents if applicable; reviewing relevant student or employment files; and gathering and examining other relevant documents, social media and evidence.

During the grievance process SHU will treat complainants and respondents equitably.

SHU can remove a respondent from Sacred Heart University’s educational programs or activities on an emergency basis if the respondent poses an immediate threat to anyone’s physical health or safety. If the respondent is an employee, Sacred Heart University may place the employee on administrative leave pending the investigation.

No one will be forced, threatened, coerced, or discriminated against for choosing to participate, or not participate, in this grievance process.

SHU’s Formal Grievance Process will culminate in a live hearing, where one or more adjudicators will consider the evidence presented and determine whether a respondent is responsible or not responsible for a violation of this Policy. Each party may be accompanied to the hearing by the advisor of their choice. At the hearing, each party’s advisor is permitted to ask the other party and any witnesses all relevant questions and follow-up questions. Such cross examination at the live hearing must be conducted directly, orally, and in real time by the party’s advisor of choice, and never by a party personally. Both complainant and respondent have equal rights throughout the entire investigation and hearing process, including, but not limited to, the opportunity to present witnesses and evidence, including expert witnesses, as well as corroborating and exculpatory evidence. Sacred Heart University will further comply with all disability laws to ensure that all participants are appropriately accommodated.

This grievance procedure requires Sacred Heart University’s process be “prompt and equitable,” meaning it must be a timely response to harassment, and provide both parties equivalent rights during the disciplinary process.

Students are not required to use informal methods of grievance resolution and may instead elect to proceed with a hearing.

Who to Contact

Beth Anne Voight-Jause

Title IX Coordinator

The University's Title IX coordinator oversees all aspects of compliance, investigations, and resolution of complaints regarding Title IX. Any student, faculty, or staff member with a concern or question about Title IX and/or a potential violation may contact Beth Anne at 203-416-3420 or voight-jauseb@sacredheart.edu.

Roland Galvez

Deputy Title IX Coordinator

The University's deputy Title IX coordinator manages student Title IX cases in consultation with the Title IX coordinator and leads education, prevention, and awareness initiatives across the campus community. Students with questions about Title IX, supportive measures, reporting options, or educational programs may contact Roland at 203-416-3152 or galvezr@sacredheart.edu.

Brittany Gates

Director of Civil Rights Compliance & Support and Deputy Title IX Coordinator for Employees

The University's deputy Title IX coordinator for employees manages employee Title IX matters in consultation with the Title IX coordinator. Employees may contact y contact Brittany at gatesb@sacredheart.edu.

In the event that an incident involves alleged misconduct by the Title IX coordinator, reports should be made directly to the dean of students:

Denise Tiberio, Ed.D.
Vice President of Student Affairs & Dean of Students
Academic Center HC 131
203-371-7736
tiberiod@sacredheart.edu

It is the responsibility of every Pioneer in the Sacred Heart community to comply with the laws and regulations of Title IX, in order to ensure we have a safe environment conducive to learning and student success.