Title IX & Clery Reports
The College does not discriminate in its educational programs and activities, admissions, or employment on the basis of sex, race, color, religion, national origin, ancestry, age, disability, genetic information (GINA), military status, sexual orientation, pregnancy, status as a parent of a young child or status as a foster parent, or gender identity and expression. Sex discrimination is prohibited by Title IX of the Education Amendments of 1972 and its implementing regulations (34 C.F.R. Part 106, as amended by 85 FR 30026 [May 2020]).
Title IX/Sexual Harassment/Sexual Misconduct
What is Title IX?
Title IX of the Educational Amendments of 1972 provides:
No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any educational program or activity receiving Federal financial assistance.
Title IX is a federal civil rights law passed in 1972 that prohibits discrimination on the basis of sex in all activities and programs of educational institutions receiving federal financial assistance. Prohibited sex-based discrimination includes sexual harassment, sexual violence, and pregnancy discrimination.
Sexual harassment is unwelcome conduct of a sexual nature, including unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature.
Sexual violence is a form of sexual harassment. Sexual violence refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent (e.g., due to the student’s age or use of drugs or alcohol or intellectual or other disability that prevents the person from having the capacity to give consent). Sexual violence includes rape, sexual assault, sexual battery, sexual abuse, and sexual coercion.
Title IX applies to all MTC services and academic programs both on and off-campus including, but not limited to:
- Health and counseling services
- Recreational, residential life, and extracurricular services and programs
- Employment of faculty, staff, and students, including the recruitment and selection processes
All College community members must comply with Title IX, including, without limitation: students, faculty, staff, administrators, Board of Trustees, coaches, counselors, and visitors.
Reporting Sexual Crimes
If a sexual-related crime occurs on campus, contact the Marion Campus Public Safety Office at (740) 725-6300. The office is located in Morrill Hall, Room 140. If an assault or other sexual-related crime occurs off-campus, call 911. The College is required to conduct its own Title IX investigation even if a criminal complaint is filed.
Reporting Sexual Discrimination/Harassment
The Title IX Coordinator oversees all discrimination, harassment, and sexual conduct complaints made by employees, students, and visitors.
Any MTC employee, student, or visitor who receives a complaint or believes that sex-based discrimination, including sexual harassment/violence, is occurring should contact:
Cretia Johnson, Title IX Coordinator | Bryson Hall 106B
740-386-4195 | firstname.lastname@example.org
U.S. Department of Education Office for Civil Rights
800-421-3481 | email@example.com
The Clery Act requires colleges and universities that participate in federal financial aid programs to report annual statistics on crime, including sexual assault and rape, on or near the campus, and to develop and disseminate prevention policies.
The agreement to engage in specific sexual contact, which may be given by verbal agreement or active and willing participation in the sexual activity. Consent to sexual contact or any specific sexual act cannot be given if an individual is incapacitated or impaired because of a physical or mental condition or the ingestion of drugs or alcohol, or under the age of 17. Silence, previous sexual relationships, current relationships, or the use of alcohol and/or drugs is not an indication of consent. The use of force, the threat of force, the threat of immediate or future harm, or the use of physical intimidation to secure compliance with sexual activity is evidence of lack of consent. Consent may be initially given, but it may be revoked at any point, either verbally, through physical resistance, or by losing consciousness. Failure to cease sexual contact promptly in response to a withdrawal of consent constitutes prohibited non-consensual sexual contact. “No” or any other negative statement or acts/physical gestures supporting the desire to cease contact in response to sexual contact or an invitation to sexual contact will be regarded as a denial of consent to such sexual contact.
Any act of violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the victim’s statement and with consideration of the type and length of the relationship and the frequency of interaction between the persons involved in the relationship. Two people may be in a romantic or intimate relationship, regardless of whether the relationship is sexual in nature; however, neither a casual acquaintance nor ordinary fraternization between two individuals in a business or social context shall constitute a romantic or intimate relationship. This definition does not include acts covered under domestic violence.
Any violent felony or misdemeanor crime committed by a current or former spouse or intimate partner of the victim, a person sharing a child with the victim, or a person cohabiting with the victim as a spouse or intimate partner.
All forms of sexual harassment, sexual assault, and sexual violence by employees, students, or third parties against employees, students, or third parties. Students, College employees, and third parties are prohibited from harassing other students and/or employees whether or not the incidents of harassment occur on the College campus and whether or not the incidents occur during working hours.
When a person takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, that behavior does not otherwise constitute one of the other sexual misconduct offenses.
Unwelcome, gender-based verbal or physical conduct that is sufficiently severe, persistent, or pervasive that it unreasonably interferes with, denies, or limits someone’s ability to participate in or benefit from the university’s educational program and/or activities, and is based on power differentials (quid pro quo), the creation of a hostile environment, or retaliation.
Physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent. Such acts include, but are not limited to, rape, sexual battery, and sexual coercion.
Intentionally engaging in a course of conduct, directed at a specific person, is likely to cause a reasonable person to fear for his or her safety or the safety of others or cause that person to suffer substantial emotional damage. Examples include, but are not limited to, repeatedly following such person(s), repeatedly committing acts that alarm, cause fear, or seriously annoy such other person(s) and that serve no legitimate purpose, and repeatedly communicating by any means, including electronic means, with such person(s) in a manner likely to intimidate, annoy, or alarm him or her.
Violence Against Women Act (VAWA)
Under The Violence Against Women Act, colleges and universities are required to: (1) report dating violence, domestic violence, sexual assault, and stalking, beyond crime categories the Clery Act already mandates; (2) adopt certain student discipline procedures, such as for notifying purported victims of their rights; and (3) adopt certain institutional policies to address and prevent campus sexual violence, such as to train in particular respects pertinent institutional personnel.