Title IX Frequently Asked Questions and Answers

Here are some of the most commonly asked questions regarding Snow College’s sexual misconduct policy and procedures.

 

FAQs Regarding Sexual Misconduct:

Who Do I Contact to File a Complaint? 

All complaints regarding Title IX may be filed with the Title IX Coordinator or one of the Title IX Deputies. For names and contact information of the Title IX Coordinator and Deputies, please see the “About Title IX and Who to Contact” page.

 

Does Information About a Complaint Remain Private?  

The College tries to keep complaints private to the extent possible. But because of Snow’s obligation to investigate allegations of sexual misconduct, it is not possible to guarantee that complaints will be kept confidential. Great care will be taken when a complaint is made. The Impacted Person will be asked if they wish to have an investigation done. If the person does not want an investigation to occur, it will not be done except where the safety of others might be at issue. If an investigation is undertaken, every possible effort will be made to ensure that any information received as part of Snow’s resolution and complaint procedures is treated discreetly. Dissemination of information and/or written materials to persons not involved in the complaint procedure is not permitted. Violations of the privacy of the Impacted Person or the accused may lead to disciplinary action by the College.

In complaints of sexual misconduct, all parties will be informed of the outcome. Certain College administrators are informed of the outcome within the bounds of privacy (e.g., the President, the Vice President of Student Success, the Director of Public Safety, etc.). If there is a report of an act of alleged sexual misconduct to the Title IX coordinator or deputies of the College and there is evidence that a felony has occurred, campus police will be notified. This does not mean charges will be automatically filed or that a victim must speak with the police, but the institution is legally required to notify law enforcement authorities. The institution also must statistically report the occurrence on campus of major violent crimes, including certain sex offenses, in an annual report of campus crime statistics. This statistical report does not include personally identifiable information.

 

Will My Parents Be Told?  

No, not unless you tell them. In cases of sexual misconduct, whether you are the Impacted Person or the accused, the College’s primary relationship is to the student and not to the parent. However, in the event of major medical, disciplinary, or academic jeopardy, students are strongly encouraged to inform their parents. College officials will directly inform parents when requested to do so by a student, in a life-threatening situation.

 

Do I Have to Name the Perpetrator?  

If you would like formal disciplinary action taken, then yes. No, if you choose to respond informally and do not file a formal complaint. Impacted Persons should be aware that not identifying the perpetrator may limit the institution’s ability to investigate and take action.

 

Will the Accused Person Know My Identity?  

If you file a formal complaint, then yes. Sexual misconduct is a serious offense and the accused person has the right to know the identity of the impacted person/alleged victim. Because of the inherent difficulty in investigating and resolving allegations from unknown persons, individuals are discouraged from making anonymous complaints. Retaliation by an accused individual or retaliatory action taken by a third party against any person who files a complaint, testifies, assists, or participates in any manner in an investigation or proceeding involving sexual misconduct is not tolerated at Snow College. Any acts of retaliation should be reported to the Title IX office immediately, and disciplinary action will up to and including criminal charges.

 

What Do I Do If I Am Accused of Sexual Misconduct?  

DO NOT contact the alleged victim, ask anyone to intercede on your behalf to contact the alleged victim, or retaliate in any way against the victim. You will be expected to participate in the investigation where you will have a chance to tell your story and present evidence on your behalf. You may want to talk to a confidential counselor at the counseling center or seek other assistance.

 

Will I Have to Wait Until the Outcome is Determined For the College to Act?  

No. If necessary, interim steps to protect the impacted person prior to the final outcome of the investigation may also be taken. These steps may include:

  • “No contact” orders put in place;
  • Public Safety escorts;
  • Assistance with course completion options;
  • Housing accommodations;
  • Changes in class schedule for the accused or yourself;
  • Other accommodations for safety as necessary. 

 

What Should I Do About Preserving Evidence of a Sexual Assault?  

Physical evidence may be necessary to prosecute the offender and be helpful in obtaining an Order of Protection. Consider waiting to bathe, wash your hands, drink, smoke, change clothing, use the restroom or brush your teeth following a sexual assault until you can seek medical or police attention. If you have changed clothing since the assault, place the clothes you were wearing at the time of the assault in a clean container such as a grocery bag. Do not disturb the crime scene – leave all sheets, towels, etc. that may bear evidence for the college/police to collect. If able, take photographs, save emails, texts, or other messages from the attacker, get witness’ names, record dates and times, and anything else that might be helpful in an investigation. If you do not recall where you were assaulted, or do not have physical evidence of having been assaulted, you are still encouraged to speak with a Title IX Coordinator.

 

Will the Use of Drugs or Alcohol Affect the Outcome of a Sexual Misconduct Complaint?  

The College encourages the reporting of harassment and assault whenever it occurs. Sometimes, victims are hesitant to report to College officials because they fear they may be charged with Student Code of Conduct violations such as underage drinking or drug use at the time of the incident. Under most circumstance, the College may not discipline a victim for drug or alcohol use in connection with harassment or assault. The College also reminds students and its community that the use of alcohol or drugs will never excuse harassment or assault. Consent must always be knowing and freely given; impaired persons cannot knowingly consent.

 

What if the Complaint Was Falsely or Maliciously Filed? 

Allegations of sexual misconduct that are malicious, intentionally false and without foundation are very serious. Such actions constitute grounds for disciplinary action. However, the failure to substantiate a claim of sexual misconduct does not automatically constitute a malicious or frivolous complaint.

 

Are All Cases of Sexual Misconduct Turned Over to the Police? 

The College does not report its Title IX cases to the police without the Impacted Person’s consent, with the exception of Clery Act anonymous reporting requirements. When an Impacted Person decides to bring a sexual misconduct complaint to the police, the College simultaneously conducts its own investigation of the allegation and takes appropriate action, as required by Title IX. Individuals who choose to pursue their complaints through the criminal process will receive full support and assistance from the College.

 

Does Title IX Apply Only to Girls and Women? 

Title IX benefits everyone -- girls and boys, women and men. Any form of discrimination on the basis of gender is prohibited. The law requires educational institutions to maintain policies, practices and programs that do not discriminate against anyone on the basis of gender. A continued effort to achieve educational equity has benefited all students by moving toward creation of school environments where all students may learn and achieve the highest standards. The most serious form of discrimination is sexual assault; that is prohibited and is a crime no matter who it happens to or who perpetrates it.

 

FAQs Regarding Athletics:

How is Title IX Applied to Athletics?

Athletics programs are considered educational programs and activities. There are three basic parts of Title IX as it applies to athletics: 

  1. Participation: Title IX requires that women and men be provided equitable opportunities to participate in sports. Title IX does not require institutions to offer identical sports but an equal opportunity to play;
  2. Scholarships: Title IX requires that female and male student-athletes receive athletics scholarship dollars proportional to their participation and;
  3. Other benefits: Title IX requires the equal treatment of female and male student-athletes in the provisions of: (a) equipment and supplies; (b) scheduling of games and practice times; (c) travel and daily allowance/per diem; (d) access to tutoring; (e) coaching, (f) locker rooms, practice and competitive facilities; (g) medical and training facilities and services; (h) housing and dining facilities and services; (i) publicity and promotions; (j) support services and (k) recruitment of student athletes.

Why Does Title IX Not Require the Same Amount Be Spent on Men and Women's Sports? 

The Javits Amendment stated that legitimate and justifiable discrepancies for non-gender related differences in sports could be taken into account (i.e., the differing costs of equipment or event management expenditures). A male football player needs protective equipment such as pads and a helmet, and a female soccer player needs shin guards. Title IX does allow for a discrepancy in the cost of the equipment as long as both the football and soccer player received the same quality of equipment. However, a female ice hockey player must receive the same protective equipment that a male ice hockey player would receive, inasmuch as the protective equipment is the same.

 

Does Title IX Require Identical Athletics Programs for Males and Females? 

Title IX does not require identical athletics programs for males and females. Rather, Title IX requires that the athletics programs meet the interests and abilities of each gender. Under Title IX, one team is not compared to the same team in each sport. OCR examines the total program afforded to male student-athletes and the total program afforded to female student-athletes and whether each program meets the standards of equal treatment. Title IX does not require that each team receive exactly the same services and supplies. Rather, Title IX requires that the men and women's program receive the same level of service, facilities, supplies and etc. Variations within the men and women's program are allowed, as long as the variations are justified.

Cite Yale University and National Collegiate Athletics Association (NCAA)