Reporting & Title IX
What is Title IX?
Title IX of the Education Amendments of 1972 protects discrimination on the basis of sex. Individuals cannot, on the basis of sex, be excluded from participation in, denied the benefits of, or be subjected to discrimination, sexual harassment, or sexual violence, under any program or activity receiving Federal financial assistance.
Examples of Title IX offenses include...
- Discrimination based on sex
- Sexual harassment
- Sexual violence
- Sexual assault
- Acquaintance rape
- Domestic violence
- Dating violence
Who must report Title IX offenses?
Responsible employees serving in leadership roles in the University are responsible for nondiscrimination in their employment, academic environments, and cocurricular living and learning environments. Deans, directors, chairpersons, or other administrators or supervisors, including faculty members, graduate teaching assistants, and academic advisors shall contact the Office of Human Resources to initiate an investigation within their area of responsibility if they know or have reason to believe that discriminatory practice(s) may have occurred.
Responsible employees are obligated to report complaints of harassment, sexual violence and/or discrimination to the Affirmative Action Officer and/or Title IX Coordinator. In some instances the responsible employee may have addressed the complaint; however the obligation to report to the Affirmative Action Officer/Title IX Coordinator still exists. Complaints must be filed within 180 calendar days of the alleged behavior, remain confidential, and will not be disclosed to anyone who does not have a need to know, to the extent possible to resolve.
All other complaints containing an allegation of sexual violence may be made at any time without limitation.
- Responsible Employees
Any employee of Emporia State University who a student could reasonably believe to have the authority or duty to take action to address sexual violence excluding any employee bound by privilege and confidential relationships, such as licensed counselors or legal counsel. An employee who has been given the duty of reporting incidents of sexual violence or any other misconduct by students, faculty, staff, and others to the Title IX Coordinator or other appropriate school designee.
Who should I report to?
Reports of Title IX offenses should be made to one of the following individuals:
- Ray Lauber, Title IX Coordinator, Director of Human Resources
Students and/or employees will be made aware of, in writing, the existing counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid and other services available for victims, both within Emporia State University and the community. If applicable, accommodations related to academic, living, transportation, working situations and protective measures will be discussed.
What will happen if I make a report?
When the University receives any report of sexual misconduct, the University's Title IX Coordinator will be immediately notified of the allegation by the office receiving the report. The Title IX Deputy Coordinator will promptly begin an investigation to determine what occurred. The University will investigate all complaints. If the victim requests confidentiality or asks that the complaint not be pursued, the University will take all reasonable steps to investigate and respond to the complaint consistent with the request for confidentiality or request not to pursue an investigation. If a victim insists that his or her name or other identifiable information not be disclosed to the alleged perpetrator, the University's ability to respond may be limited.
I'm worried about retaliation.
Emporia State University prohibits retaliation by its officers, employees, students, or agents against a person who exercises his or her rights or responsibilities under any provision of the University Policies and Procedures and/or provisions of the Campus Sexual Violence Elimination (SaVE) Act. Retaliation against persons who file discrimination complaints or persons who participate in an investigation of a complaint, whether by an individual directly involved or by his/her associates, is a violation of University and Board of Regents policy, as well as State and Federal law. Complainants who utilize these procedures or persons who participate in an investigation of a complaint should not be subject to retaliation. Retaliation may take the form of unwanted personal contact from the respondent or giving additional assignments that are not assigned to others in similar situations, poor grades, or unreasonable course assignments. Phone calls,e-mails, or other attempts to discuss the complaint may be perceived as retaliation under certain circumstances. Disciplinary action, harassment, unsupported evaluations, or other adverse changes in the conditions of employment or the educational environment may also constitute retaliation. Retaliation will not be tolerated and could result in suspension, reassignment, salary reduction, termination, expulsion, or other disciplinary action.
I want to talk to someone about my options before making a report.
If you want a confidential place to talk about what has occurred, you can contact ESU Counseling Services at (620) 341-5222. ESU Counselors will maintain your confidentiality in accordance with the Health Insurance Portability & Accountability Act of 1996 (HIPAA) and will help develop a plan that will best support you. You can also contact an SOS Advocate at 620-342-1870, who can meet you on or off campus to provide you support and discuss your various options.