Jurisdiction and Scope of the Sexual Misconduct Policy
This Policy is applicable to Prohibited Conduct involving students, faculty, staff, or third parties. Student status under this Policy applies to undergraduate, graduate, and part-time students. In cases where the Respondent is a student, this Policy will apply. In cases where the Respondent is an employee accused of Title IX Sexual Harassment and a Formal Complaint is filed (as defined below), the Title IX Grievance Process stated herein shall apply. In all other cases where the Respondent is an employee of the University , the procedures for resolving sexual misconduct complaints outlined in the Employee Handbook will apply, as read consistent with and in conjunction with this Policy.
All services and protections under this Policy are available to all students equally and applicable to conduct that has a reasonable connection to the University.
These policies apply to Prohibited Conduct that occurs:
- On campus
- Off campus, with a reasonable connection to the University
- In the context of a University-related or sponsored educational program or activity, regardless of the location, including study abroad, internships, or athletic activities
- Through the use of University-owned or provided technology resources, or
- When the conduct has continuing adverse effects and creates or continues a hostile environment on campus
The University's Title IX Coordinator will determine whether the University has jurisdiction or disciplinary authority over the Respondent or the conduct, and whether the reported alleged conduct is specifically subject to the requirements of Title IX. In cases where the University does not have jurisdiction over the alleged conduct, the University will take reasonably available steps to support a Complainant or other community members and provide assistance in identifying external reporting mechanisms.
As part of the University's evaluation of whether alleged Sexual Harassment is covered by Title IX and subject to the Title IX Grievance Process described below, the University will determine if the alleged conduct occurred within its “education program or activity” as defined under Title IX’s scope to mean: (1) any on-campus premises; (2) any off-campus premises that the University has substantial control over, which includes buildings or property owned or controlled by a recognized student organization; and (3) activity occurring within computer or internet network, digital platforms, and computer hardware or software owned or operated by, or used in the operations of the University's programs or activities over which the College has substantial control. Also, Title IX covers only sexual harassment that occurred within the United States.
If alleged Prohibited Conduct is determined to have occurred outside of the University's “education program or activity” or outside of the United States, and is thereby not subject to Title IX, the University retains its authority to address, investigate and adjudicate such Prohibited Conduct under other provisions of this Policy, its Code of Conduct or any other applicable policy.