Accessibility Statement

Title IX

to report sexual harassment, discrimination, violence

Title IX

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Email TitleIX@maryville.edu to report sexual harassment, discrimination, violence

 

Title IX

Maryville University (the “University”) is required to comply with Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. (“Title IX”), which prohibits discrimination on the basis of sex admissions, employment, services, and educational programs and activities that the University operates and offers (collectively “programs and activities”) in matters of admissions, housing, services, and in the University’s other educational programs and activities (collectively “Programs and Activities”) (including sexual violence/assault) that denies or limits a person’s ability to participate in or benefit from the University’s Programs and Activities or any aspect of the employment relationship is a form of prohibited discrimination.

The University does not condone and will not tolerate discriminatory sexual harassment and is committed to providing programs, activities, and an educational environment free from discriminatory sexual harassment.

View Policy

 

  • Definitions of Sexual Harassment, Sexual Violence/Assault, Domestic Assault, Dating Violence, and Stalking
    1. Sexual Harassment

      “Sexual Harassment” is conduct on the basis of sex that constitutes Quid Pro Quo Sexual Harassment, Hostile Environment Sexual Harassment, Sexual Assault, Domestic Violence, Dating Violence, or Stalking.

    2. Quid Pro Quo Sexual Harassment

      “Quid Pro Quo Sexual Harassment” is an employee of the University conditioning the provision of an aid, benefit, or service of the University on an individual’s participation in unwelcome sexual contact.

    3. Hostile Environment Sexual Harassment

      “Hostile Environment Sexual Harassment” is unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person access to the University’s education programs and activities.

      In determining whether Hostile Environment Sexual Harassment Exists, the University will consider the totality of circumstances, including factors such as the actual impact the conduct has had on the Complainant; the nature and severity of the conduct at issue; the frequency and duration of the conduct; the relationship between the parties (including accounting for whether one individual has power or authority over the other); the respective ages of the parties; the context in which the conduct occurred; and the number of persons affected. A person’s adverse subjective reaction to conduct is not sufficient, in and of itself, to establish the existence of a hostile environment. Hostile Environment Sexual Harassment may include, but is not limited to:

      1. Unwelcome efforts to develop a romantic or sexual relationship;
      2. Unwelcome commentary about an individual’s body or sexual activities;
      3. Threatening to engage in the commission of an unwelcome sexual act with another person;
      4. Engaging in indecent exposure; voyeurism, or other invasion of personal privacy;
      5. Unwelcome physical touching or closeness that does not rise to the level of Sexual Assault; and
      6. Unwelcome jokes or teasing of a sexual nature or based upon sex stereotypes, including stereotypes based on sexual orientation, gender identity, and gender expression.
    4. Sexual Assault

      “Sexual Assault” includes the sex offenses of Rape, Sodomy, Sexual Assault with an Object, Fondling, Incest, and Statutory Rape.

      1. “Rape” is the carnal knowledge of a person, without the consent of the victim, including instances where the victim is incapable of giving consent because of the person’s age or because of the person’s temporary or permanent mental or physical incapacity. There is “carnal knowledge” if there is the slightest penetration of the vagina or penis by the sex organ of the other person. Attempted Rape is included.
      2. “Sodomy” is oral or anal sexual intercourse with another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of the person’s age or because of the person’s temporary or permanent mental or physical incapacity.
      3. “Sexual Assault with an Object” is using an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of the person’s age or because of the person’s temporary or permanent mental or physical incapacity. An “object” or “instrument” is anything used by the offender other than the offender’s genitalia.
      4. “Fondling” is the touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of the person’s age or because of the person’s temporary or permanent mental or physical incapacity.
      5. “Incest” is sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by Missouri law.
      6. “Statutory Rape” is sexual intercourse with a person who is under the statutory age of consent as defined by Missouri law.
    5. Domestic Violence
    6. “Domestic Violence” is felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of Missouri, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of Missouri.

    7. Dating Violence
    8. “Dating Violence” is violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. Such a relationship is characterized by the expectation of affection or sexual involvement between the parties. The existence of such a relationship shall be determined based on a consideration of the (a) length of the relationship, (2) type of relationship, and (3) frequency of the interaction between the persons involved in the relationship.

    9. Stalking
    10. “Stalking” is engaging in a course of conduct (two or more incidents) directed at a specific person that would cause a reasonable person to: (a) Fear for their safety or the safety of others; or (b) Suffer substantial emotional distress.

    Learn More

  • Definition of Consent

    “Consent” refers to words or affirmative actions that a reasonable person in the perspective of the Respondent would understand as agreement to engage in the sexual conduct at issue. A person who is Incapacitated is not capable of giving Consent. Consent must be given voluntarily. It cannot be procured through physical violence, threats, blackmail, or other unreasonable pressure for sexual activity. Consent to some form of sexual activity cannot be automatically taken as consent to any other form of sexual activity. Previous relationships or prior consent do not imply consent to future sexual acts.

    In order to give effective consent, a person must be of legal age. In the State of Missouri, the legal age of consent is 14. (If a person is over 18, but fewer than 21, the age of consent is 14. If a person is over 21, the person may not have sexual intercourse with anyone under 17.) Sexual acts with someone less than 14 are a violation of state law and of this policy.

  • Reporting Sexual Harassment (Including Sexual Violence/Assault)

    Reports should be made to one of the following:

  • Title IX: Pregnancy and Parenting

    Title IX of the Education Amendments of 1972 (“Title IX”), 20 U.S.C. §1681 et seq., is a Federal civil rights law that prohibits discrimination on the basis of sex—including pregnancy and parental status—in educational programs and activities.

    Classes and School Activities – your school MUST:

    Allow you to continue participating in classes and extracurricular activities even though you are pregnant. This means that you can still participate in advanced placement and honors classes, school clubs, sports, honor societies, student leadership opportunities, and other activities, like after-school programs operated at the school.

    Allow you to choose whether you want to participate in special instructional programs or classes for pregnant students. You can participate if you want to, but your school cannot pressure you to do so. The alternative program must provide the same types of academic, extracurricular and enrichment opportunities as your school’s regular program.

    Allow you to participate in classes and extracurricular activities even though you are pregnant and not require you to submit a doctor’s note unless your school requires a doctor’s note from all students who have a physical or emotional condition requiring treatment by a doctor. Your school also must not require a doctor’s note from you after you have been hospitalized for childbirth unless it requires a doctor’s note from all students who have been hospitalized for other conditions.

    Provide you with reasonable adjustments, like a larger desk, elevator access, or allowing you to make frequent trips to the restroom, when necessary because of your pregnancy.

  • Title IX: Helpful Tips for Pregnant and Parenting Students

    Ask your school for help—meet with your school’s Title IX Coordinator or counselor regarding what your school can do to support you in continuing your education.

    Keep notes about your pregnancy-related absences, any instances of harassment and your interactions with school officials about your pregnancy, and immediately report problems to your school’s Title IX Coordinator, counselor, or other staff.

    If you feel your school is discriminating against you because you are pregnant or parenting you may file a complaint:

    • Using your school’s internal Title IX grievance procedures.
    • With the U.S. Department of Education, Office for Civil Rights (OCR), even if you have not filed a complaint with your school. If you file with OCR, make sure you do so within 180 days of when the discrimination took place.
    • In court, even if you have not filed a complaint with your school or with OCR.
  • Know Your Rights

    Fundamental Rights of the Parties During Investigation and Determination of A Complaint

    During the investigation and resolution of a complaint, the complainant and respondent shall have equal rights. They include:

    • Being notified regarding investigation procedures, formal resolution procedures, and informal resolution procedures
    • Having a support person accompany him or her at all stages of the process. The support person does not serve as an advocate or speak on behalf of the complainant or respondent, may not be actively involved in any proceedings, and must agree to maintain the confidentiality of the process.
    • Similar and timely access to written statements and other evidence considered in the determination of the complaint
    • The right to testify either in writing, verbally, or both
    • The right to identify and have considered the testimony of a reasonable number other witnesses
    • The right to identify and have considered written evidence
    • Equal access to review and comment upon any information independently developed by the Investigator
    • The right to receive written notice of the determination of the complaint from the Vice President for Student Life
    • The right to appeal
    • The right to receive written notice of the outcome of an appeal, including any changes that were made to the previous d

 

Maryville University has materials available for those who are interested in learning more about this topic.

Title IX Trainings

 

Click on the training you would like to download.

Title IX Training: August 2020

headshot of Claudia

Claudia Lyerly
Executive Director and Title IX Coordinator
Office of Institutional Equity and Compliance
Email: clyerly@maryville.edu
 
 
 

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Joseph Fitzpatrick
Dean of Students
Email: jfitzpatrick@maryville.edu
 

Federal Title IX Resources

Kansas City Office

Office for Civil Rights
U.S. Department of Education
One Petticoat Lane
1010 Walnut Street, Suite 320
Kansas City, MO 64106


816-268-0550
OCR.KansasCity@ed.gov
Fax: 816-268-0559

Headquarters

Office for Civil Rights
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-1100


Customer Service Hotline:
800-421-3481
OCR@ed.gov
Fax: 202-453-6012
TTY: 800-877-8339