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Title IX
TITLE IX NON-DISCRIMINATION AND REPORTING STATEMENT
Arkansas State University Three Rivers does not discriminate on the basis of sex in any education program or activity that it operates. Further, Arkansas State University Three Rivers is subject to Title IX of the Education Amendments of 1972 and is therefore required by Title IX and 34 C.F.R. Part 106 not to discriminate in such a manner. This requirement extends to admissions and employment with the university. Inquiries about the application of Title IX or 34 C.F.R. Part 106 to Arkansas State University Three Rivers may be referred to Arkansas State University Three Rivers’ Title IX Coordinator, to the Assistant Secretary for Civil Rights for the U.S. Department of Education, or both. Arkansas State University Three Rivers’ Title IX Coordinator holds the title Human Resources Director and may be contacted as follows:
By email: jvaughn@asutr.edu
By phone: 501-332-0221
In Person: A500C
By mail: One College Circle, Malvern, AR 72104
Any person may report sex discrimination, including sexual harassment (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or sexual harassment), in person, by phone, or by email using the contact information provided above or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report. Such a report may be made at any time (including during non-business hours) by using the telephone number or email address, or by mail to the office address, provided above.
TITLE IX OF EDUCATION AMENDMENTS
Title IX is a comprehensive federal law that prohibits discrimination on the basis of sex in any federally funded education program or activity.
Title IX benefits both males and females, and is at the heart of efforts to create gender equitable schools. The law requires educational institutions to maintain policies, practices and programs that do not discriminate against anyone based on sex. Under this law, males and females are expected to receive fair and equitable treatment in all areas of public schooling including recruitment, admissions, educational programs, and activities, course offerings and access, counseling, financial aid, employment assistance, facilities and housing, health and insurance benefits, marital and parental status, scholarships, sexual discrimination and athletics. Arkansas State University has designated a Title IX Coordinator for each campus. Any incidence of sexual discrimination including sexual harassment or sexual violence should be reported to the Title IX Coordinator who will take prompt action to secure a full and equitable review. In the event the sexual discrimination allegation is against the Title IX Coordinator, the report should be made to the ASU System’s Office of General Counsel.
SEXUAL DISCRIMINATION IN THE ASU SYSTEM
The ASU System is committed to providing an educational and work environment for its students, faculty, and staff that is free from sexual discrimination including sexual harassment, sexual assault, sexual violence, stalking, domestic violence, and dating violence, as prohibited by Title IX of the Educational Amendments of 1972, and/or Title VII of the 1964 Civil Rights Act. No form of sexual discrimination will be tolerated.
It is important to preserve all evidence of sexual discrimination, especially if the discrimination is also a criminal offense, such as sexual assault, stalking, domestic violence, or dating violence.
Supervisors and staff members must recognize that their positions necessarily embody unequal power relationships with their subordinates and students. Because of the inherent power differences in these relationships, the potential exists for the less powerful to perceive a coercive element in suggestions relative to activities outside those appropriate to the professional relationship. It is the responsibility of supervisors and staff members to behave in such a manner that their words or actions cannot reasonably be perceived as coercive.
Each institution has a Title IX Coordinator who is charged with investigating all allegations of sex-based discrimination, Employees with supervisory responsibilities, including deans, vice chancellors, department chairs, faculty, student conduct personnel, human resources personnel, athletic administrators, coaches, and institution police personnel must report incidents of sexual discrimination either observed by them or reported to them to the Title IX Coordinator. The Title IX Coordinator will conduct a prompt, thorough, and objective investigation of such claims. If sexual discrimination has occurred, appropriate remedial action commensurate with the severity of the offense will be taken up to and including termination. All reports, complaints, and investigations are treated with discretion and confidentiality is maintained to the extent allowed by law.
The Title IX Coordinator will notify the appropriate law enforcement agency of all reports of sexual assault, stalking, domestic violence or dating violence unless such report is prohibited by law. The person who has allegedly been subjected to sexual discrimination may also contact law enforcement and may seek an order of protection, no contact order, or similar order. The Title IX Coordinator will assist the person alleging to be subjected to sexual discrimination and the person alleged to have committed sexual discrimination with locating resources for counseling, medical treatment, legal advice, or other services.
Each institution within the ASU System provides educational materials and programs on sexual discrimination. Contact the Human Resources department or Title IX Coordinator for information on awareness and prevention of sexual discrimination.
The ASU System reserves the right to take those legally permitted supportive measures it deems necessary in response to an allegation of sexual discrimination in order to protect individuals’ rights and personal safety. Such supportive measures may include, but are not limited to: modification of campus living or employment arrangements; interim suspensions from campus; no contact or communications requirements; leave with or without pay; and, reporting the matter to law enforcement. Persons reporting allegations of sexual discrimination must follow the Title IX (Sexual Harassment Discrimination) Grievance Procedure, or the Other Sex-Based Discrimination Procedure, as applicable.
DEFINING SEXUAL DISCRIMINATION
Arkansas State University is committed to providing an educational and work environment for its students, faculty, and staff that is free from sexual discrimination including sexual harassment, sexual assault, sexual violence, stalking, domestic violence, and dating violence. No form of sexual discrimination will be tolerated.
Sexual Harassment is defined as unwelcome gender-based verbal or physical conduct that is severe, persistent or pervasive and occurs when:
Submission to, or toleration of, such conduct is made a term or condition of instruction, employment, or participation in other university activities;
Submission to, or rejection of, such conduct is used as a basis for employment or education decisions affecting the individual; or
Such conduct has the effect of unreasonably interfering with an individual's education or employment performance or creating an intimidating, hostile, or offensive university environment.
Sexual assault occurs when a person is subjected to an unwanted sexual act by force or threat without consent. Sexual acts occur without consent when they are perpetrated against a person’s will or where a person is incapable of giving consent due to minority, intellectual impairment, or use of mind altering substances such as drugs or alcohol.
Sexual violence includes sexual assault but may also consist of an attempt to obtain a sexual act or sexual advances using coercion which do not result in a completed sexual act.
Stalking is defined as engaging in a course of conduct directed at a specific person that would cause a reasonable person to (A) fear for his or her safety or the safety of others; or (B) suffer substantial emotional distress.
Domestic Violence is defined as felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the State of Arkansas, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic of family violence laws of the State of Arkansas.
Dating Violence is defined as violence committed by a person (A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) the length of the relationship, (ii) the type of relationship, and (iii) the frequency of interaction between the persons involved in the relationship.
It is important to preserve all evidence of sexual discrimination, especially if the discrimination is also a criminal offense, such as sexual assault, sexual violence, stalking, domestic violence, or dating violence.
Supervisors and staff members must recognize that their positions necessarily embody unequal power relationships with their subordinates and students. Because of the inherent power differences in these relationships, the potential exists for the less powerful to perceive a coercive element in suggestions relative to activities outside those appropriate to the professional relationship. It is the responsibility of supervisors and staff members to behave in such a manner that their words or actions cannot reasonably be perceived as coercive.
Each campus has a Title IX Coordinator who is charged with investigating allegations of sexual discrimination including sexual harassment, sexual assault, sexual violence, stalking, domestic violence and dating violence. Employees with supervisory responsibilities and university police personnel must report incidents of sexual discrimination either observed by them or reported to them to the Title IX Coordinator who will conduct an immediate, thorough, and objective investigation of all claims. If sexual discrimination has occurred, appropriate remedial action commensurate with the severity of the offense will be taken up to and including termination. All reports, complaints, and investigations are treated with discretion and confidentiality is maintained to the extent allowed by law.
The Title IX Coordinator will notify the appropriate law enforcement agency of all reports of sexual assault, sexual violence, stalking, domestic violence or dating violence. The person who has allegedly been subjected to sexual discrimination may also contact law enforcement and may seek an order of protection, no contact order, or similar order. The Title IX Coordinator will assist the person alleging to be subjected to sexual discrimination with locating resources for counseling, medical treatment, legal advice, victim advocacy, or other services.
RETALIATORY ACTION PROHIBITED
Retaliation against a person who files a charge of discrimination, participates in an investigation, refuses to participate in an investigation, or opposes an unlawful employment practice is prohibited by law and Arkansas State University. Any person who needs further explanation or who believes he or she has been retaliated against should contact the Human Resources Department.