Title IX Term & Definitions
Methodist University has a legal obligation to ensure a working and learning environment that is reasonably free from discrimination or harassment. Methodist University has procedures to receive, investigate, respond to, and resolve complaints of discrimination, including harassment based on sex. Title IX violations include discrimination based on sex or gender and include sexual harassment, sexual exploitation, nonconsensual sexual acts, sexual violence, and sexual misconduct.
Terms & Definitions
Adjudication Hearing
A live hearing conducted by the Title IX Decision-maker in regard to complaints of sex-based harassment involving a student.
Complainant
(1) A student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX or its regulations; or (2) A person other than a student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX or its regulations and who was participating or attempting to participate in the recipient’s education program or activity at the time of the alleged sex discrimination. Moreover, with respect to complaints of sex discrimination other than sex-based harassment, in addition to the above, (1) any student or employee of the University; or (2) any person other than a student or employee who was participating or attempting to participate in the University’s education program or activity at the time of the alleged sex discrimination.
Complaint
An oral or written request to the University that objectively can be understood as a request for the University to investigate and make a determination about alleged discrimination under Title IX or its regulations.
Confidential Employee
An individual designated by the institution who, due to their professional role, is not obligated to report incidents of sexual harassment or other forms of sex discrimination to the Title IX Coordinator or other school officials. Confidential Employees typically include certain healthcare providers, counselors, and other designated staff who provide support services to students and employees.
Dating Violence
Violence, sexual abuse, physical abuse, or threats of or attempts at such abuse between partners who are or have been in a personal, romantic, or intimate relationship.
Disciplinary Sanctions
The penalties imposed on an individual found responsible for violating the institution’s Title IX policies. These sanctions, intended to hold the responsible party accountable and deter future misconduct, may include a written warning, probation, suspension, expulsion or termination, restrictions on access to certain areas or activities, mandatory training or counseling, community service, and fines or restitution. The sanctions must be fair and proportionate to the severity of the violation and are designed to remedy the effects of the prohibited conduct.
Domestic Violence
Attempting to cause bodily injury; intentionally causing bodily injury; or inflicting substantial emotional distress by causing fear of imminent serious bodily injury or harassment by someone with whom the aggrieved party has or has had a personal relationship. A personal relationship means one between current or former spouses, persons who live or have lived together, persons who have a child in common, or persons who are or have been in a dating relationship.
Formal Complaint
Formal complaint means a document filed by a complainant or signed by the Title IX Coordinator or Deputy Title IX Coordinator alleging sexual harassment against a respondent and requesting that the University investigate the allegation of sexual harassment. At the time of filing a formal complaint, a complainant must be participating in or attempting to participate in the education program or activity of the recipient with which the formal complaint is filed. A formal complaint may be filed with the Title IX Coordinator/Deputy Title IX Coordinator in person, by mail, or by electronic mail, by using the contact information provided by the University and by any additional method designated by the University. As used in this paragraph, the phrase “document filed by a complainant” means a document or electronic submission (such as by electronic mail or through an online portal provided for this purpose by the recipient) that contains the complainant’s physical or digital signature, or otherwise indicates that the complainant is the person filing the formal complaint. Where the Title IX Coordinator/Deputy Title IX Coordinator signs a formal complaint, the Title IX Coordinator/Deputy Title IX Coordinator is not a complainant or otherwise a party and must comply with the requirements of this Policy AND all applicable regulations.
Gender Discrimination or Gender Harassment
Prohibited sex discrimination includes discrimination based on the person’s gender, but which is not sexual in nature. Methodist University’s policies prohibit gender‐based harassment, which means unwelcome conduct based on an individual’s actual or perceived sex, including discrimination or harassment on the basis of sexual orientation, gender expression, or nonconformity with sex stereotyping.
Notice
A report of sex discrimination. Any person may report sex discrimination, including sexual harassment or sex-based 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 mail, by telephone, or by electronic mail, using the contact information listed for the Title IX Coordinator/Deputy Title IX Coordinator, or by any other means that results in the Title IX Coordinator/Deputy 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 electronic mail address, or by mail to the office address, listed for the Title IX Coordinator/Deputy Title IX Coordinator. Certain employees of the University are required to report any alleged sex discrimination.
Party
A complainant or respondent.
Pregnancy or Related Conditions
This term encompasses a broad range of conditions and situations associated with pregnancy and childbirth. This includes current pregnancy, childbirth, false pregnancy, termination of pregnancy, and recovery from any of these conditions. Additionally, it covers lactation and related medical conditions. These regulations mandate that educational institutions treat pregnancy and related conditions in the same manner and under the same policies as any other temporary disability, ensuring that pregnant individuals have equal access to educational programs and activities. Institutions must provide reasonable accommodations to pregnant students, such as adjustments to the work environment, modifications to class schedules, and access to lactation spaces. These protections are intended to prevent discrimination based on pregnancy or related conditions and to promote an inclusive and supportive educational environment.
Relevant
Related to the allegations of sex discrimination under investigation as part of these grievance procedures. Questions are relevant when they seek evidence that may aid in showing whether the alleged sex discrimination occurred, and evidence is relevant when it may aid a decisionmaker in determining whether the alleged sex discrimination occurred.
Remedies
Measures provided, as appropriate, to a complainant or any other person the recipient identifies as having had their equal access to the recipient’s education program or activity limited or denied by sex discrimination. These measures are provided to restore or preserve that person’s access to the recipient’s education program or activity after a recipient determines that sex discrimination occurred.
Respondent
A person who is alleged to have violated the recipient’s prohibition on sex discrimination.
Retaliation
Intimidation, threats, coercion, or discrimination against any person by the recipient, a student, or an employee or other person authorized by the recipient to provide aid, benefit, or service under the recipient’s education program or activity, for the purpose of interfering with any right or privilege secured by Title IX or its regulations, or because the person has reported information, made a complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under the Title IX regulations.
Sex-Based Harassment
A form of sex discrimination and means sexual harassment and other harassment on the basis of sex, including on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity, which is:
(1) Quid pro quo harassment. An employee, agent, or other person authorized by the recipient to provide an aid, benefit, or service under the recipient’s education program or activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct.
(2) Hostile environment harassment. Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the recipient’s education program or activity (i.e., creates a hostile environment). Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:
(i) The degree to which the conduct affected the complainant’s ability to access the recipient’s education program or activity;
(ii) The type, frequency, and duration of the conduct;
(iii) The parties’ ages, roles within the recipient’s education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct;
(iv) The location of the conduct and the context in which the conduct occurred; and
(v) Other sex-based harassment in the recipient’s education program or activity; or
(3) Specific offenses.
(i) Sexual assault meaning an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation;
(ii) Dating violence meaning 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:
(1) The length of the relationship;
(2) The type of relationship; and
(3) The frequency of interaction between the persons involved in the relationship;
(iii) Domestic violence meaning felony or misdemeanor crimes committed by a person who:
(A) Is a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the jurisdiction of the recipient, or a person similarly situated to a spouse of the victim;
(B) Is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner;
(C) Shares a child in common with the victim; or (D) Commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the jurisdiction; or
(iv) Stalking meaning engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
(A) Fear for the person’s safety or the safety of others; or
(B) Suffer substantial emotional distress.
Sexual Coercion or Intimidation
Words or actions used to pressure, manipulate, isolate, trick or intimidate a person into engaging in unwanted sexual activity.
Sexual Misconduct
Sexual misconduct is any attempted or actual sexual contact directed against another person in the direct absence of effective, mutually understandable consent.
Prohibited sexual misconduct includes:
- Indecent Exposure: Deliberate exposure of one’s intimate body parts; the display of sexual behavior in a public or open setting.
- Non‐Consensual Sexual Contact: Any attempted or actual sexual touching directed against another person in the direct absence of effective, mutually understandable consent. Examples of sexual contact include but are not limited to the intentional touching, groping, or fondling of a person’s breasts, buttocks, groin, genitals, or mouth or the clothing covering any of those areas, or using force to cause the person to touch, grope, or fondle his/her own breasts, buttocks, groin, genitals, or mouth or clothing covering any of those
- Non‐Consensual Sexual Intercourse: Any sexual penetration (anal, oral, or vaginal), however slight, with any body part or object by any person upon any other person without consent.
Sexual Exploitation
Taking sexual advantage of another person without effective consent. Examples include but are not limited to causing incapacitation of another person for a sexual purpose; causing the prostitution of another person; recording, photographing, or transmitting intimate or sexual utterances, sounds, or images of another person; allowing third parties to observe sexual activity; engaging in voyeurism, trespassing, spying, or eavesdropping for sexual arousal; distributing intimate or sexual information/images of another person; and/or knowingly exposing another person to a sexually transmitted infection.
Sexual Violence
A form of sexual harassment and refers to physical sexual acts perpetrated against a person’s will or when the person is incapable of giving consent because of a disability, drug or alcohol use, or other reason. Examples of sexual violence include rape, “date rape,” sexual assault, and forcefully coercing someone to have sex or perform a sexual act.
Student
An individual who is enrolled or seeking to enroll in an education program or activity at an institution covered by Title IX. This includes individuals who are taking courses, whether full-time or part-time, undergraduate or graduate, and whether they are participating in traditional in-person settings or online learning environments. The definition also extends to those who may not be actively attending classes but are still considered enrolled, such as individuals on academic leave or those who have been recently accepted and are about to begin their studies. The regulations emphasize that the protections and procedures outlined under Title IX apply to all students within this broad definition, ensuring comprehensive coverage and protection against sex-based discrimination within educational settings.
Supportive Measures
Individualized measures offered as appropriate, as reasonably available, without unreasonably burdening a complainant or respondent, not for punitive or disciplinary reasons, and without fee or charge to the complainant or respondent to: (1) Restore or preserve that party’s access to the recipient’s education program or activity, including measures that are designed to protect the safety of the parties or the recipient’s educational environment; or (2) Provide support during the recipient’s grievance procedures or during an informal resolution process.