Title IX Sexual Harassment Policy – Asbury University
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Title IX Sexual Harassment Policy

“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” 
– Title IX of the Educational Amendment of 1972

Asbury University Sexual Harassment Policy

Title IX Training Materials:

Asbury University is committed to providing a safe learning, living, and working environment for all members of the University community and environment. Consistent with these values and applicable law, including Title IX, the Department of Education Title IX Regulations, the Clery Act and the Violence Against Women Reauthorization Act of 2013, the University maintains a comprehensive program designed to protect members of the University community from discrimination on the basis of sex or gender, which includes Sexual Harassment under Title IX and Sexual Misconduct.

Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681) is a federal law that prohibits discrimination on the basis of sex in educational programs and activities that receive federal financial assistance.  Consistent with this obligation, Asbury University prohibits discrimination and harassment on the basis of sex in academics, employment, and all of its programs and activities. The United States Department of Education’s Office for Civil Rights (OCR) enforces Title IX.   

The Department of Education issued new regulations for Title IX on May 6, 2020. The University complies with these regulations and with federal court decisions.

University Title IX Team

The following individuals are on the Asbury University Title IX Team.  Please contact any of the team for complaints or questions.  In addition, students may contact their Residence Director or the AVP of Student Life, Joe Bruner (joe.bruner@asbury.edu), to report a complaint or gather more information.

Dr. Sarah Baldwin,  Vice President of Student Life & Title IX Coordinator
sarah.baldwin@asbury.edu

Dr. Henry Zonio,  Director of Center of Academic Excellence & Deputy Title IX Coordinator
henry.zonio@asbury.edu

Dr. David Hay, Assistant Vice President of Campus Safety 
david.hay@asbury.edu

Glenn Hamilton, Vice President for Business Affairs and Treasurer, Title IX Appeals Coordinator
glenn.hamilton@asbury.edu

Title IX complaints may also be received anonymously through the Campus Shield app.

Prohibited Behavior 

Sexual Harassment Under Title IX is conduct on the basis of sex that occurs in the University’s education program or education activity and satisfies one of the following conditions: 

  1. An employee of the University conditioning the provision of an aid, benefit, or service of the recipient on an individual’s participation in unwelcome sexual conduct. This type of sexual harassment is also referred to as 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 the University’s education program or activity. This type of sexual harassment is also referred to as Hostile Environment.; or
  3. “Sexual assault” as defined in 20 U.S.C. 1092(f)(6)(A)(v), “dating violence” as defined in 34 U.S.C. 12291(a) (10), “domestic violence” as defined in 34 U.S.C. 12291(a)(8), or “stalking” as defined in 34 U.S.C. 12291(a) (30).

Sexual Misconduct is the following conduct regardless of where it occurs provided one or both of the parties is a member of the University Community: 

  1. Sexual Assault
  2. Stalking
  3. Dating Violence
  4. Domestic Violence
  5. Sexual Exploitation

Individuals may be charged with violating the regulations for either category of prohibited behavior

Reporting a Concern  

Making a report is not the same as filing a formal complaint.   

Any individual can make a report of behavior that could violate these regulations. Only individuals who are employees or students engaging in or seeking to engage in a University program or activity may serve as a complainant.  If you are not sure whether you are required to report, please contact Dr. Sarah Baldwin (Title IX Coordinator) or Dr. Henry Zonio (Deputy Title IX Coordinator).  

Individuals who believe they have experienced behavior that violates the regulations can make a report and request supportive measures without filing a formal complaint.   

Once a report is made, an investigator will reach out to the individual experiencing the behavior to discuss options available to the individual. This includes discussing whether the individual is interested in filing a formal complaint, supportive measures that are available, and how to file a police report, if the individual chooses to do so. Individuals who have experienced behavior that could violate the regulations are not required to respond to outreach from the Title IX team. The Title IX team will take no action without request from or notification to the person experiencing the behavior.   

Private Reporting and Responsible Employees  

All full-time University employees are responsible employees and are required to forward any report of a violation of these regulations to the Title IX team as soon as possible. If you are not sure whether you are required to report, please contact Dr. Sarah Baldwin or Dr. Henry Zonio.  

Responsible Employees are required to provide the Title IX team with the name of the person experiencing the behavior and any other information provided to them related to the concerns.   

Once a report is made, an investigator will reach out to the individual experiencing the behavior to discuss options available to the individual. This includes discussing whether the individual is interested in filing a formal complaint, supportive measures that are available, and how to file a police report, if the individual chooses to do so. Individuals who have experienced behavior that could violate these regulations are not required to respond to outreach from the Title IX team, and the Title IX team will take no action without request from or notification to the person experiencing the behavior.    

Filing a Formal Complaint 

Any member of the University community may file a formal complaint. A formal complaint is a signed document containing allegations and a request that they be investigated. Individuals who need assistance in filing a formal complaint may contact Dr. Sarah Baldwin or Dr. Henry Zonio for assistance.  

Retaliation   

University policy prohibits retaliation against any party cooperating in the investigation of an alleged violation of University policy or proceeding. Retaliation includes threatening, intimidating, harassing, coercing, or any other conduct that would discourage a reasonable person from engaging in activity protected under this policy. Retaliatory behavior is not limited to behavior by the accused individual, and covers behavior by his or her associates, as well as third parties.   

Retaliation may be reported to Dr. Sarah Baldwin or Dr. Henry Zonio and is considered an independent allegation that may lead to interim measures or disciplinary action.