Student Title IX Policy, Procedures, and Information

Relevant Excerpt

Section A: Prohibited conduct as defined by Title IX of the Education Amendments Act

2. Sexual harassment

Conduct on the basis of sex that satisfies one or more of the following: a. Quid Pro Quo: An employee of the college conditioning the provision of an aid, benefit, or service of the college on an individual’s participation in unwelcome sexual conduct, or b. 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 college’s Education Programs or Activities. Sexual Harassment, as a broad category, includes the offenses of sexual harassment, sexual assault, domestic violence, dating violence, and stalking.

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Section B: Prohibited conduct as defined by Davidson College

Sexual Harassment

“Sexual Harassment” is defined as unwelcome conduct that has the effect of substantially interfering with a person’s work or educational opportunity; and

i. conduct is sufficiently severe, pervasive, and objectionably offensive to create an intimidating, hostile, or offensive work or educational environment such that the person is effectively denied equal access to institutional resources and opportunities; or

ii. the submission to or rejection of such conduct is used as the basis for decisions affecting an individual’s employment, education, or participation in college Programs or Activities.

Sexual harassment may take on different forms. It includes, but is not limited to the following examples when the conduct meets the standards of the definition above:

a. Unwelcome verbal, written, or physical conduct that denigrates or shows hostility or aversion toward an individual because of that individual’s gender or gender identity (or that of an individual’s relatives, friends, or associates);

b. Unwelcome threats, derogatory comments, jokes, innuendos, insults, slurs, epithets, negative stereotyping, and other similar conduct that relates to gender or gender identity; or

c. The placement, dissemination, or circulation on campus of any unwelcome written or graphic material (in hard copy or electronic form) that denigrates or shows hostility or aversion toward an individual or group because of gender or gender identity.

Sexual Harassment may further include unwelcome sexual advances, unwelcome requests for sexual favors, and other unwelcome conduct of a sexual nature when the conduct meets the standards of the definition above and the following conditions are present:

a. Submission to or tolerance of such conduct is made either an explicit or implicit term or condition of employment or student admissions, enrollment, participation, and programming;

b. Submission to or tolerance or rejection of such conduct is used as a basis for employment or for academic, athletic, or other educational decisions affecting an individual;

c. The conduct has the purpose or effect of substantially interfering with an individual’s work or academic, athletic, or other educational performance; or

d. The conduct creates an intimidating, hostile, or offensive work or educational environment.

If an individual has welcomed sexual advances or other harassing conduct (whether sexual or otherwise) by active participation in or encouragement of such activity, that individual should specifically inform the alleged harasser if such conduct is no longer welcome in order for any subsequent conduct to be deemed unwelcome. However, failure to give such notice in no way prevents the college from taking appropriate corrective and/or disciplinary action against the alleged harasser for the behavior.

All relevant circumstances are examined as a part of a sexual harassment determination including, but not limited to, whether the conduct is verbal, physical, or electronic; the frequency of the conduct; the severity of the conduct; the relationship of the individuals involved; whether the conduct was physically or psychologically threatening or humiliating; whether the conduct unreasonably interfered with work performance (for employees) or academic performance (for students). Through this examination potential harassment is distinguished from behavior that may be disagreeable or uncomfortable, but, is protected by the College’s Constitution or is related to the appropriate facilitation of academic instruction and advising or the responsibilities of supervisors.