SECTION 1: INTRODUCTION

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Last updated: Oct 08, 2024 by Jennifer Bauman

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Eastern Mennonite University (“EMU” or “the University”) is committed to establishing and maintaining a community rich in equality and free from all forms of discrimination and harassment. Sexual harassment, relationship violence, and other forms of sexual misconduct are prohibited at EMU. The University will take prompt and equitable action to eliminate sexual harassment, relationship violence, and other sexual misconduct and prevent its recurrence. When the conduct has a propensity to create a hostile, manipulative, or coercive environment on campus, the University obligates itself to respond in support of all parties involved, the campus community, and others who have been impacted. The University strives to achieve this by ensuring the safety of those who have been harmed and holding accountable those who have done harm, consistent with its mission, values, and Life Together commitment.   

Title IX of the Education Amendments of 1972

The University does not discriminate in its admissions practices except as permitted by law, in its employment practices, or in its educational programs or activities on the basis of sex. As a recipient of federal financial assistance for education activities, the University is required by Title IX of the Education Amendments of 1972 to ensure that all of its education programs and activities do not discriminate on the basis of sex. Discrimination on the basis of sex includes discrimination on the basis of sex stereotypes, gender identity, gender expression, sexual orientation, and pregnancy or related conditions.

The University has obligations under Title IX to provide certain support and modifications to people experiencing pregnancy or related conditions in order to ensure their equal access to the University’s educational program or activity. For example, the University must treat pregnancy or related conditions in the same manner and under the same policies as any other temporary medical conditions and must allow voluntary leaves of absence. Students, employees, or applicants should contact the Title IX Coordinator for more information. Employees or applicants may also contact Human Resources for more information, because additional workplace laws and policies apply.

Pregnancy or related conditions include pregnancy, childbirth, termination of pregnancy, lactation; medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; and recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions.

The University also prohibits retaliation against any person opposing sex discrimination or participating in any sex discrimination investigation or complaint process, whether internal or external to the institution. Sex-based harassment, sexual assault, dating and domestic violence, and stalking are forms of sex discrimination, which are prohibited under Title IX and by EMU policy. 

Application of Section 504/Americans with Disabilities Act to this Policy

In both practice and policy, the University adheres to the requirements of the Americans with Disabilities Act of 1990, as amended 2008 (ADAAA); Sections 504 and 508 of the Rehabilitation Act of 1973, as amended; and all other federal and state laws and regulations prohibiting discrimination on the basis of disability. The University is committed to providing individuals with disabilities equal access and opportunity, and strives in its policies and practices to provide for the full participation of individuals with disabilities in all aspects of University life.

Parties may request reasonable accommodations for disclosed disabilities to the Title IX Coordinator at any point relating to the implementation of this policy, including making a disclosure or report, and initiating a resolution procedure. Accommodations will be granted if they are appropriate and do not fundamentally alter the process. The Title IX Coordinator will not affirmatively provide disability accommodations that have not been specifically requested by the parties, even where the parties may be receiving accommodations in other University programs and activities. With the consent of the impacted student or employee, the Title IX Coordinator will work collaboratively with the Office of Academic Success to ensure that approved reasonable accommodations (disability-related) are honored as applicable throughout any process related to this policy.

Purpose of Policy

The purpose of this Relationship Violence and Sexual Misconduct Policy is to define sexual harassment, relationship violence, and sexual misconduct, describe the process for reporting alleged violations of this policy, outline the procedures used to investigate and resolve alleged policy violations, and identify the resources available to members of the EMU community who are involved in such reports.

In order to establish and maintain a campus community that values the dignity of all, this policy and resolution procedure commits the University to:

  1. Identify the forms of sexual harassment, relationship violence and sexual misconduct that violate this policy;
  2. Disseminate clear policies and procedures for responding to sexual harassment, relationship violence, sexual misconduct, and other forms of conduct prohibited under this policy that are reported to the University;
  3. Develop an ongoing coordinated effort for delivering prevention and awareness programs and ongoing training and education programs (see Appendix D: Training and Prevention Education).  This will be done so that students, faculty, and staff:
    1. May identify what behavior constitutes sexual harassment, relationship violence, and sexual misconduct; and
    2. Understand how to report such misconduct;
  4. Engage in investigative inquiry and resolution of reports in a reliable, impartial, prompt, and equitable way;
  5. Support those who have been harmed and hold persons accountable for established violations of this policy; and
  6. Provide a written explanation of the rights and options for the process, supportive measures, process accommodations, and confidential services and community resources available to every student or employee that has experienced sexual harassment, relationship violence and/or sexual misconduct, regardless of when or where the conduct occurred (Appendix B and Appendix C).

In addition, this policy: 

  1. Identifies and describes the various roles of the University’s Title IX Coordinator, deputy Title IX Coordinators, Investigators, and Review Board; 
  2. Identifies how students, faculty, and staff can report sexual harassment, relationship violence, sexual misconduct, or other forms of conduct prohibited under this policy to the University, confidentially; 
  3. Identifies access to on- and off-campus resources available to Complainant(s) and Respondent(s), including the right to notify local law enforcement, be assisted in that notification, and/or decline to notify such authorities; and 
  4. Provides the University with a means to take all reasonable steps to identify sexual harassment, relationship violence, and sexual misconduct, support prevention of its recurrence, and repair the harmful effects to the Complainant, as appropriate.  

Revised August 2024, in compliance with the Department of Education’s Title IX Final Rule as released May 6, 2020.