Title IX
Dear Members of the Sacred Heart University Community:
We want all members of the campus community — students faculty and staff — to know that the Title IX office will continue providing resources to anyone participating in on-campus, virtual classroom and campus activities. We recognize that people may experience harm through online interactions as well as in modified living and working situations. Please know that we are here to help and support you.
As we begin the safe return to campus, classes, other academic programs and most administrative processes are being provided in various ways: in-person, online and/or administered remotely. We remind you that maintaining an environment free from sex/gender discrimination, as well as all other forms of discrimination, remains our highest priority. Members of the community should be aware of the following three important points:
- New University policies on Sexual Harassment apply to behaviors that occur in person between members of the university community, but also apply to online and virtual harassment. Any behavior that is prohibited by policy is also likely prohibited in cyber-forms, including cyber-harassment, cyber-bullying that is sex-based, and cyber-stalking.
- The new requirements are as follows: Mandatory Reporters who receive information about any suspected or potential sexual harassment as defined by the US Department of Education (USDOE), whether from the student, faculty, or staff involved or from a third party, must report the information to the Director of Title IX Compliance. Employees may provide support and assistance to a Complainant, witness, or Respondent; but, Employees cannot promise confidentiality or withhold information from the Director of Title IX Compliance about allegations of Sexual Harassment. Anyone who is determined to be mandated reporters are reminded that reporting of alleged sexual harassment is expected when they become aware of incidents or allegations involving members of the campus community, regardless of how they learn of the potential harassment, whether in person, in writing, or online.
- Even as classes and other activities take place virtually, the Title IX office remains open and accessible to members of the campus community. Anyone impacted by sex/gender discrimination is encouraged to contact the Title IX office to submit a report. Investigations and hearings will be conducted remotely, and remedies provided, to assure that any sexual harassment, sexual violence, intimate partner violence, stalking, retaliation, or other discriminatory behaviors are addressed promptly.
If you need to submit a complaint, complete our online form.
More Information
If you have questions about our processes, email Beth Anne Voight-Jause, Executive Director of Community Standards & Title IX Coordinator, at voight-jauseb@sacredheart.edu or call 203-416-3420.
For employees, contact Freda Grant, Director of Institutional Equity Compliance & Support and Deputy Title IX Coordinator for Employees at grantf2@sacredheart.edu or 203-396-8067.
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:
- A SHU employee conditioning the provision of an aid, benefit, or service on an individual’s participation in unwelcome sexual conduct (“quid pro quo”);
- 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
- 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 Director of Title IX Compliance 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 Director of Title IX Compliance. The Director of Title IX Compliance 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.