Title IX prohibits discrimination on the basis of sex. Sexual misconduct and interpersonal violence are considered forms of sex discrimination. This includes:
- Sexual Harassment:
- Quid pro quo- when a person with authority over a student or employee explicitly or implicitly conditions a term or condition of the student or employee’s education or employment on the complainant’s participation in unwelcome sexual conduct.
- Hostile Environment- Unwelcome conduct on the basis of sex that creates a hostile environment. Unwelcome conduct may create a hostile environment when it is so severe or pervasive, and objectively offense as determined by a reasonable person that: (a) It substantially interferes with another’s ability to work, study, participate in, or benefit from the university’s programs or activities; or, (b) The conduct has the purpose or effect of unreasonably interfering with another individual’s work performance or creating an intimidating, hostile, or offensive working environment. This alternative only applies in the context of employment.
Solely for complaints that fall within the definition of a Title IX complaint, sexual harassment is defined as unwelcome conduct on the basis of sex that is determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies the complainant equal access to the university’s programs or activities.
- Sexual Assault: any sexual act directed against another person, without a person's consent, including instances where a person is not capable of giving consent. Sexual assault includes:
- Rape- Penetration, no matter how slight, of the vagina, or anus, with any body part or object, without consent; or, oral penetration by a sex organ of another person without consent.
- Fondling- Intentional contact with a person’s intimate body parts without the person’s consent. Intimate body parts are defined as but not limited to breasts, genitalia, thighs, and buttocks.
Solely for complaints that fall within the definition of a Title IX complaint, fondling is defined as the touching of the intimate body parts of another person for the purpose of sexual gratification without the person’s consent.
- Incest- Sexual intercourse between persons who are related to each other within the degree wherein marriage is prohibited by state law.
- Statutory rape- sexual intercourse with a person who is under the age of consent as defined by state law.
- Other Forms of Sexual Misconduct: Other forms of sexual misconduct include, but are not limited to, indecent liberties, indecent exposure, sexual exhibitionism, sex-based cyber-harassment, prostitution or the solicitation of a prostitute, communications with a minor for immoral purposes, peeping or other voyeurism, possession, creation, or distribution of child pornography, disclosure of intimate images as defined in RCW 9A.86.010 without consent, or going beyond the boundaries of consent, such as by allowing others to view consensual sex or the non-consensual recording of sexual activity.
- Interpersonal Violence:
- Domestic violence: a felony or misdemeanor crime of violence committed by: a current or former spouse or intimate partner of the complainant; a person with whom the complainant shares a child in common; a person who is cohabitating with or has cohabitated with the complainant as a spouse or intimate partner; adult persons related by blood or marriage; adult persons who are presently residing together or who have resided together in the past; and, persons who have a biological or legal parent-child relationship. “Domestic violence” is further defined by 34 U.S.C. 12291(a)(8).
- Dating violence- a felony or misdemeanor crime of violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the complainant. In determining whether such a relationship exists, the following factors are considered: (a) the length of time the relationship has existed; (b) the type of relationship; and (c) the frequency of interaction between the parties involved in the relationship.
- Stalking- is engaging in a course of conduct directed at a specific person that would cause a reasonable person to (a) fear for their health and/or safety or the health/safety of others; or (b) suffer substantial emotional distress.
- Retaliation- any intimidation, threat, coercion, or discrimination against a person for the purpose of interfering with a person’s rights under this policy or because a person has made a report, complaint, testified, assisted, or participated or refused to participate in an investigation, proceeding, or hearing.
Who is covered under Title IX?
Participants in EWU programs or activities
Conduct covered under Title IX
Sexual Assault (rape, fondling, incest, and statutory rape)
Intepersonal Violence (domestic violence, dating violence & stalking)
When is it covered under Title IX
A " formal Title IX complaint" is a specific type of complaint for sexual misconduct and interpersonal violence. EWU is committed to addressing sexual misconduct and interpersonal violence and offers services, investigations, and disciplinary processes for allegations of sexual misconduct and interpersonal violence that do not meet the definition of a "formal Title IX complaint."
A "formal Title IX complaint" is:
(a) A formal signed complaint filed by a complainant who is a current student, employee, applicant, or person participating or seeking to participate in a university program or activity, or by the Title IX Coordinator;
(b) Alleging sexual harassment, sexual assault, domestic violence, dating violence, or stalking as defined for Title IX purposes; and,
(c) That occurred on EWU premises, during a university program or activity within the United States, or at a building owned or controlled by a student organization that is officially recognized by the university.