Sexual Harassment

Sexual Harassment is a form of sex discrimination and is harassment on the basis of sex. The University prohibits sexual harassment.

Title VII Sexual Harassment

Title VII Sexual Harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1965 and becomes unlawful where:

1. enduring unwelcome offensive conduct becomes a condition of continued employment (Quid Pro Quo) or when it results in an adverse employment decision (such as the victim being fired or demoted).
2. the unwelcome conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.

Whether harassment is severe or pervasive enough to be illegal is made on a case-by-case basis.

Title VII applies to virtually all employment situations and applies to United States Citizens working abroad.

Title IX Sexual Harassment

Title IX Sexual Harassment is a form of sex discrimination and is conduct occurring within an education, program or activity on the basis of sex which satisfies one or more of the following:

1. An employee of the University conditioning the provision of an aid, benefit, or service of the recipient on an individual’s participation in unwelcome sexual conduct;
2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the recipient’s education program or activity; or
3. “Sexual assault” as defined in 20 U.S.C. 1092(f)(6)(A)(v), “dating violence” as defined in 34 U.S.C. 12291(a)(10), “domestic violence” as defined in 34 U.S.C. 12291(a)(8), or “stalking” as defined in 34 U.S.C. 12291(a)(30).

Title IX applies to persons in the United States with respect to the University’s education programs or activities. Jurisdiction extends to electronic discrimination and harassment if it occurs within a University education program or activity. Electronic discrimination or harassment includes but is not limited to conduct occurring through e‐mails, instant messaging, and web pages, through any online class platform used by the University, blogs or chat rooms. Incidents occurring against persons outside the United States and/or outside a University education program or activity may be considered misconduct under and addressed through other University rules, regulations and/or procedures. Off‐campus conduct occurring at private residences, businesses, events, or other locations outside of the University’s substantial control do not fall under the University’s jurisdiction for Title IX complaints.

1. Sex-Based Harassment: A form of sex discrimination and means sexual harassment and other harassment on the basis of sex.
2. Sexual Harassment is a form of sex discrimination and is harassment on the basis of sex. Sexual harassment is unwelcome verbal or physical conduct. The University prohibits sexual harassment. Forms of sexual harassment include:
   1. Domestic Violence
   2. Dating Violence
   3. Stalking
   4. Hostile Environment
   5. Unwelcome conduct, determined by a reasonable person, to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the recipient’s education program or activity.
3. Complainant means an individual who files a formal complaint. For the purposes of Title IX Sexual Harassment, the Complainant must be the individual alleged to be the victim of Prohibited Conduct. A Complainant may be a student, employee or third‐party and must be participating in, or attempting to participate in, a University employment education program or activity at the time of filing a formal complaint.
4. Consent means the affirmative, unambiguous, and voluntary agreement to engage in each specific initiated sexual activity that may compose a sexual encounter. Consent is demonstrated through mutually understandable words and/or actions that clearly indicate a willingness to engage freely in sexual activity. A clear verbal “yes” or other outward demonstration of free choice is necessary. Consent cannot be inferred from silence, passivity, lack of resistance, or a lack of active response. Consent must be ongoing throughout a sexual encounter and can be revoked at any time. Consent must be voluntarily given contemporaneous to the initiation of the sexual activity. Consent may not be valid if a person is being subjected to actions or behaviors that elicit emotional or psychological pressure, intimidation, or fear. It cannot be obtained by threat, coercion, or force.
5. Formal Complaint means a document filed by a Complainant or signed by the Title IX Coordinator alleging Title IX Sexual Harassment against a Respondent and requesting that the University investigate the allegation of Title IX 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.
6. Respondent means an individual or recognized student organization or team accused of Prohibited Conduct in an initial report or formal complaint. The University will keep confidential the identity of any individual who has been reported to be the alleged perpetrator of Prohibited Conduct except as may be permitted by the Federal Educational Rights and Privacy Act, the Jeanne Clery Disclosure of Campus Security Police and Campus Crime Statistics Act, or otherwise as required by law, or to carry out the purposes of 34 CFR part 106, including the requirement to conduct an investigation, hold a live‐hearing, or any other judicial proceeding arising under 34 CFR part 106 or other University policy.

The University's discrimination and sexual harassment policies and procedures, including but not limited to complete definitions and complaint investigation procedures are included in Board of Governors Administrative Policy 6 and Administrative Policy 6A both of which are available under the Relevant GSU Policies menu item at https://www.glenville.edu/about-us/board-governors/policies as well as linked below. Questions about the University's sexual harassment policies and procedures should be directed to the Title IX Coordinator, Casey Smola.

Casey Smola
Coordinator, Title IX
103 Heflin Administration Building
304-462-6192
Casey.Smola@glenville.edu

Nothing in Glenville State University Administrative Policy 6 or 6A requires the University to restrict any rights that would otherwise be protected from government action by the First Amendment of the U.S. Constitution. (See 34 CFR 106.6(d)(1))