Body
Question
What is Title IX and what does it mean for me?
What should you do if you or someone you know experiences sexual harassment?
What is the University of South Dakota’s responsibility under Title IX?
Answer
Title IX at the University of South Dakota
The 2020 Title IX regulations and SDBOR 1.4.1 requires the University of South Dakota (USD) to address sexual harassment in its education program or activities, including online or digital harassment. USD must respond promptly to allegations of sexual harassment, resolve them accurately under a fair grievance process, and implement remedies for victims. Retaliation is prohibited against parties involved with the Title IX process.
Sexual harassment means conduct on the basis of sex that satisfies one or more of the following:
- Quid pro quo harassment: A school employee conditioning the provision of a school-related aid, benefit, or service on an individual’s participation in unwelcome sexual conduct;
- Hostile environment harassment: Unwelcome conduct on the basis of sex that is so severe, pervasive, and objectively offensive that is effectively denies a person equal access to the school’s education program or activity. Such conduct can be carried out by school staff, a student, or another person; and
- Specific offenses: Sexual assault, dating violence, domestic violence, or stalking.
Harassment can be carried out by school staff, a student, or another person. It can occur in-person or online, including through texts or messages, apps, or other technologies. Depending upon the facts and circumstances, some examples may include, but are not limited to:
- Unwelcome conduct on social media platforms, such as sexually demeaning or discriminatory slurs or threats of sexual violence;
- Nonconsensual texting, posting, or otherwise sharing naked or intimate images of a person – whether real, altered, or created through artificial intelligence (AI) technologies; or
- Stalking using technology, including sending multiple unwanted text messages, creating fake social media accounts, or using apps to work around a blocked number.
Title IX requires a school to address sexual harassment that occurs in its education program or activity in the United States. This includes, but is not limited to, conduct that:
- Occurs in locations, at events, or under circumstances in which the school exercised substantial control over both the alleged harasser and the context in which the sexual harassment occurs – including conduct that occurs off-campus under certain circumstances;
- Occurs in a building owned or controlled by a student organization that is officially recognized by a college;
- Occurs in school-related, off-campus settings such as field trips, online classes, and athletic programs;
- Takes place via school-sponsored electronic devices, computers, and internet networks; or
- Takes place on digital platforms operated by, or used in the operations of, the school, including AI technologies.
What is the University of South Dakota’s responsibility under Title IX for responding to online or digital sexual harassment?
- USD must offer appropriate supportive measures to any student, staff, or faculty member, who has experienced sexual harassment. Supportive measures may include, but are not limited to:
- Counseling;
- Extension of deadlines or other course-related adjustments;
- Modifications of work or class schedules;
- Campus escort services;
- Restrictions on contact between the parties;
- Changes in work or housing locations;
- Leaves of absences;
- Increased security and monitoring of certain areas of the campus; and
- Other similar measures
- USD must explain how the student can file a formal complaint.
- If the student files a formal complaint, USD must investigate using a grievance process that complies with Title IX regulations and SDBOR 1.4.1. USD must complete this process before it can discipline or take other actions that are not supportive measures against an alleged harasser.
What should you do if you or someone you know experiences sexual harassment?
If you believe that you or another person has been treated differently, denied an educational opportunity, harassed, bullied, or retaliated against based on sex – including through online or digital sexual harassment – here are the steps to take:
- Report to the Title IX Coordinator:
- Scan the QR Code to access the Title IX Reporting Form
