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Title IX Frequently Asked Questions

  • What is sexual misconduct?
    • Interpersonal Violence

      An offense that meets the definition of domestic violence or dating violence.

      Domestic Violence

      Abuse or violence committed by a current or former spouse or intimate partner of the Reporting Party, by a person with whom the Reporting Party shares a child in common, or by a person with whom the Reporting Party is cohabiting (or has cohabited) with a spouse or intimate partner.

      Example: Sam and Jo live together. When Jo comes home late from work, Sam threatens to hit her each time.  One time, when Jo came home from work, Sam pushed Jo against the wall and accused her of staying out late to see other people.

      Dating Violence

      Abuse or violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the Reporting Party.

      Example: Bobbi and Kym have been seeing each other for a couple of weeks. Kym continues to ask to look through Bobbi’s phone. The last time Kym asked, Bobbi said no, Kym slapped Bobbi so Kym has complied since then.
    • Sexual Harassment

      Unwelcome verbal, written or physical conduct of a sexual nature when:

      • Such conduct is made either explicitly or implicitly a term or condition of employment or education; 
      Example: Jules is told unless she has sex with the Graduate Assistant, Jules will not get the internship requested.
      • Such conduct is used as a basis for decisions affecting employment or education; or
      Example: When Hayden asks the professor to stop rubbing Hayden’s shoulders, Hayden is told his grade is going to suffer.
      • Such conduct has the purpose or effect of interfering with the individual’s work or educational performance or of creating an intimidating, hostile or offensive working or educational environment. To constitute an intimidating, hostile or offensive working or educational environment, the compliance of conduct must be either severe or pervasive.
      Example: Carol continues to post sexually explicit photos in the online discussion board for a class and encourages other students to call for a good time.  Students are offended and have reported this behavior to the online professor multiple times.
    • Public Indecency

      Engaging in private or sexual acts in a publicly viewable location, such that it is offensive to accepted standards of decency.

      Example: Erin had too much to drink one night and had to use the restroom while walking to the Residence Hall, so Erin stopped by one of to use the restroom.
    • Sexual Discrimination

      An act that deprives a member of the university community of his or her rights of access to campuses and facilities and of participation in education, services, programs, operations, employment, benefits or opportunities with the university on the basis of the person’s sex.

      Example: Aaron was not offered a job on campus because Aaron was told they were looking for someone of a different sex.
    • Sexual Assault

      Any type of sexual contact or behavior that occurs without the explicit consent of the recipient. Sexual assault includes non-consensual sexual contact and non-consensual sexual intercourse.

      Example: Terry and Kelli have sex often however, one night Kelli tells Terry no. Terry says Kelli has said yes multiple times before so Terry forces Kelli to have sexual intercourse.
      Example: Jordan and Harper are both at a party. Harper agrees to dance with Jordan, while dancing Jordan slips a hand in Harpers shorts and begins to grope under the shorts.
    • Sexual Exploitation

      Taking non-consensual or abusive sexual advantage of another for the benefit of one’s self or a third party.

      Example: Jesse sends a nude photo to a friend who promises it won’t be shared. Two days later Jesse learns the photo was posted on Instagram without Jesse’s permission.
    • Sexual Harassment

      Unwelcome verbal, written or physical conduct of a sexual nature when:

      • Such conduct is made either explicitly or implicitly a term or condition of employment or education;
      Example: Jules is told unless she has sex with the Graduate Assistant, Jules will not get the internship requested.
      • Such conduct is used as a basis for decisions affecting employment or education; or
      Example: When Hayden asks the professor to stop rubbing Hayden’s shoulders, Hayden is told his grade is going to suffer.
      • Such conduct has the purpose or effect of interfering with the individual’s work or educational performance or of creating an intimidating, hostile or offensive working or educational environment. To constitute an intimidating, hostile or offensive working or educational environment, the compliance of conduct must be either severe or pervasive.
      Example: Carol continues to post sexually explicit photos in the online discussion board for a class and encourages other students to call for a good time.  Students are offended and have reported this behavior to the online professor multiple times.
    • Stalking

      A course of conduct directed at a specific person that would cause a reasonable person to fear for his or her own safety or the safety of others or would cause that person to suffer substantial emotional distress.

      Example: Jean broke up with Jamey weeks ago. However, Jamey continues to show up wherever Jean is and calls 20 to 30 times a day. Jean recently found a threatening note from Jamey stating that “Jean would be hurt if someone else replaced Jamey.”
  • What is Consent?

    Mutually understandable words or actions, actively communicated both knowingly and voluntarily, that clearly conveys permission for a specific activity. Consent is not effective if it results from:

    • the use of physical force
    • a threat of physical force
    • intimidation
    • coercion
    • incapacitation
    • any other factor that would eliminate an individual’s ability to exercise his or her own free will to choose whether or not to engage in sexual activity.

    Consent is also defined in the context of criminal sexual assault in the Texas Penal Code, Chapter 22, Section 22.011.

    Each partner is responsible for making sure that the other partner has provided clear consent before engaging in any sexual activity or contact.

    • A person may withdraw consent at any time during sexual activity through words or actions.
    • Silence or the absence of resistance does not constitute consent.
    • Consent is active; both parties must say “yes.”
    • Consent is a must for every type of sexual activity, every time it occurs.
    • Consent is not valid if forced, threatened, intimidated or coerced.
    • Consent is not valid if a person is incapacitated. 
  • What is incapacitation?

    A state of being that prevents an individual from having capacity to give consent. For example, incapacitation could result from the use of drugs or alcohol, a person being asleep or unconscious, or because of an intellectual or other disability.

  • What happens if I report something to a staff member or faculty member at ASU?

    Faculty and Staff at ASU are required by law to report all known details of a report that could be a Title IX violation to the Director of Title IX Compliance/Title IX Coordinator immediately. After a report is made, the Director of Title IX Compliance/Title IX Coordinator or a Deputy Coordinator will touch base with the reporting student to ensure the student is safe, notify the student of remedies, and their options to move forward. UPD is not contacted unless the University Community is at risk or the student requests. 

  • What happens after I report?

    After a report is made, the Director of Title IX Compliance/Title IX Coordinator or a Deputy Coordinator will touch base with the reporting student to ensure the student is safe, notify the student of remedies, and their options to move forward. UPD is not contacted unless the University Community is at risk or the student requests.

  • What if I don’t want to file a formal complaint but need help?

    Even if you do not want to go through an investigation or file a formal complaint, the Office of Title IX Compliance can assess your needs as they relate to your class schedule, work schedule, living situation, or other safety concerns. The Office of Title IX Compliance can also connect students with UPD, Counseling, and other off campus resources.

  • Who can I report to?
    • Submit a Report online
    • If you are uncomfortable reporting to the Director of Title IX Compliance/Title IX Coordinator you may make a report to any deputy coordinators
    • Nothing in ASU’s policy shall prevent a student from presenting a charge of discrimination or other grievance covered by this policy to an external agency, such as the United States Department of Education: Office of Civil Rights (OCR), 400 Maryland Avenue, SW Washington, DC 20202-1100, Customer Service Hotline#: (800) 421-3481, http://www.ed.gov/ocr.
  • What if I was drinking or using drugs when the Title IX violation occurred?

    The University will provide educational options in lieu of conduct proceedings in certain situations. Examples of the amnesty provision include, but are not limited to:

    • Victims of misconduct who were engaging in policy violations, such as underage drinking or drug use, at the time of the incident.
    • Students who offer assistance to others by calling medical personnel or law enforcement.
    • Students who bring their own use, addiction, or dependency to alcohol, drugs, or other addictions to the attention of the University prior to any conduct incidents or reports.

    Abuse of amnesty provisions can result in a violation of the Code of Student Conduct. Amnesty does not preclude students from being charged with allegations of misconduct related to Part I, section B.2 (Actions against Members of the University Community and Others).

    The Code of Student Conduct amnesty provisions do not impact criminal proceedings or charges. Amnesty does not preclude students from being required to meet with University staff and to participate in conditions such as counseling and alcohol assessments. The Executive Director of Student Affairs or designee can assist with questions related to amnesty provisions.

  • Is it possible to be sexually harassed/assaulted by someone of the same gender?

    Yes. If you have been subjected to unwanted sexual contact or sexual harassment, your gender and the gender of the alleged perpetrator are irrelevant. Such conduct is prohibited by Title IX.

  • What if the incident occurs off campus?

    If the incident involves an ASU student, it should still be reported and the Office of Title IX Compliance can still assist the student.

  • Does Title IX apply to online behavior?

    Yes.

  • What about retaliation?

    Retaliation against a person who reports a potential violation under this policy, assists someone with a report of a violation, or participates in any manner in an investigation or in the resolution of a complaint made under this policy is strictly prohibited and will not be tolerated. Retaliation includes, but is not limited to threats, intimidation, reprisals and/or adverse actions related to an individual’s employment or education.