Hello from Drake’s Title IX Office. We continue to await the finalization of the regulatory changes proposed by the Biden administration in July 2022.  Based on communication from the Department of Education, we anticipate the final Title IX rule will be published no earlier than next month.   In the meantime, Drake continues to operate under the requirements of the 2020 final Title IX regulations.  With the new academic year in full swing, it’s important to refamiliarize yourself with what you should do when a student reports sexual harassment, sexual assault, dating violence, and other conduct that may be covered by Title IX.   It also is a good time to consider training for your department. Please take the time to review the answers to some frequently asked questions (FAQ).

What is Title IX?

Title IX of the Education Amendments Act of 1972 states, “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance[.]”

Simply put, Title IX prohibits discrimination on the basis of sex in education programs and activities at institutions receiving Federal funding.  The law covers all of a school’s programs and activities and prohibits: differential treatment based on sex, sexual harassment, and sexual violence.  Additionally, individuals are protected from retaliation for reporting and/or resisting sexual misconduct.

When must I report to the Title IX Office?

Under Drake policy, most full- and part-time faculty and staff must notify the Title IX Coordinator when they learn of sexual harassment or sexual violence, including sexual assault, dating violence, domestic violence, or stalking.  Apart from University Counseling Center counselors, Drake employees are not confidential.

Must I report if the incident occurred off campus?

Yes. If the reported incident is “alleged to have been committed by or against a person who was a student enrolled at or an employee of the institution at the time of the [alleged] incident” it must be promptly reported to the Title IX Coordinator. The location or date of a reportable incident does not exempt the reporting duty.

Must I report if a student discloses to me that they were sexually assaulted in the past, before coming to Drake, by someone who is not associated with Drake?

No. In this situation you do not need to report the prior assault. However, you are strongly encouraged to provide this student with information about resources for counseling and advocacy services. The Title IX Coordinator and the University Counseling Center can provide you with this information.

Why do employees have to share student sexual harassment or violence information with the Title IX Coordinator?

Several reasons, including:

• To make sure all students consistently receive current and appropriate resources to address safety, academic, housing, health/mental health, and other concerns;
• To make sure all students consistently receive current and appropriate information regarding their reporting options both on and off campus;
• To help identify and respond to systemic campus patterns, trends, or risks.

When Must Responsible Employees Take Action?

When an employee knows (e.g. the affected student or a third-party discloses) or should know (e.g. rumors, other indicators).  If in doubt contact the Title IX Coordinator!

What qualifies as sexual harassment and sexual violence under the current Title IX regulations?

Title IX prohibits discrimination on the basis of sex (including sexual orientation, gender identity, gender expression, and pregnancy status).  Proscribed conduct includes sexual harassment (both quid pro quo and hostile environment) and sexual violence (sexual assault, dating violence, domestic violence, and sex-based stalking).

However, these definitions are primarily relevant for purposes of jurisdictional analysis with respect to formal process.  Avoid engaging in your own analysis of what misconduct constitutes Title IX misconduct and err on the side of reporting.  Regardless of whether the conduct meets the threshold for formal adjudication through the Title IX process, parties are always eligible for a variety of informal supports, and the Title IX Coordinator can assist them in referrals to other University offices when appropriate.

How Do I Contact Title IX?

You can contact the Title IX Coordinator directly at any time by calling (515) 271-4956 or emailing samantha.nordstrom@drake.edu.  All inquiries will generally receive a response by the end of the following business day.  For emergencies, call 911 or contact Drake Public Safety at (515) 271-2222.

Where Can I Find All Title IX Policies?

Relevant policies, including Drake’s Sexual Harassment Policy, can be found here.

Does the University offer training for departments or colleges related to employee reporting obligations?

Yes, from time to time as necessary and upon request! Please contact the Title IX Coordinator to schedule training.

— Samantha Nordstrom, Title IX Coordinator