FAQs about Title IX

What is Title IX?

Title IX is a federal law that protects people from discrimination based on sex in education programs or activities that receive federal financial assistance in order to assist in the prevention or the recurrence of Sexual and Gender-Based Misconduct, remedy its effects, promote safety, and deter individuals from similar future behavior.

What is the name of the new CMU Policy that formally addresses sexual misconduct, including Title IX matters?

Sexual and Gender-Based Misconduct Policy.

What is covered under the Sexual and Gender-Based Misconduct Policy?

Prohibited Covered Behavior includes Dating Violence; Domestic or Intimate Partner Violence; Gender-Based Harassment; Sexual Assault; Sexual Exploitation; Sexual Harassment (including Title IX Sexual Harassment); Stalking; Retaliation; and other covered behaviors and actions where such behavior is based on an individual's sex, gender, or gender identity.

Does CMU's Sexual and Gender-Based Misconduct Policy cover acts of sexual and gender-based misconduct that occurs off campus and in study abroad programs?

Yes.

What is the standard of evidence that CMU will apply to determine a violation of the Sexual and Gender-Based Misconduct Policy, including Title IX?

CMU uses a preponderance of the evidence standard.  Preponderance of the evidence means that, in reaching a determination, the decisionmaker has concluded that there is more likely than not the Covered Behavior did or did not occur.

Will CMU continue to offer "Interim Measures" to all involved parties?

Yes.  Under the new policy term "Interim Measures" has been changed to "Supportive Measures."  Supportive Measures means those support services, accommodations, and interventions available to a Complainant, a Respondent, or University Comunity Members experiencing the effects of Sexual and Gender-Based Misconduct that aim to mitigate the effects of the alleged misconduct and otherwise promote the safety of University Community Members.

Will a person need to file a formal complaint to receive "Interim Measures?"

No.  Under the new policy, the term "Interim Measures" has been changed to "Supportive Measures." Supportive Measures means those support services, accommodations, and interventions available to a Complainant, a Respondent, or University Community Members experiencing the effects of Sexual and Gender-Based Misconduct that aim to mitigate the effects of the alleged misconduct and otherwise promote the safety of University Community Members.

Who is considered a "Responsible Employee?"

Under the new policy, the term "Responsible Employee" has been changed to "Designated Official."  A Designated Official means an individual who, when they are notified of any sexual and gender-based misconduct, is required to immediately report the information to the Title IX Coordinator or designee.  Designated Officials include, but are not limited to:  Senior Officers, Athletic Coaches; Trainers, Staff and Volunteers; CMUPD Employees; Professional and Administrative Staff; Academic Department Chairs; Resident Hall Directors, Residence Life Paraprofessionals and Front Desk Staff; Apartment Supervisors; Peer Advisors and other Residential College Staff.  Additionally, all supervisors have a responsibility to report allegations or observations of Employees engaging in sexual and gender-based misconduct.

What type of investigative model does CMU use?

The investigative model has changed from a single-investigator model to a hearing model.  A hearing model style format dictates that a hearing officer facilitates a hearing and makes a determination of the outcome.

What is a Title IX hearing?

With an Investigation, CMU will schedule a live Hearing, at which a Hearing Officer will preside over the hearing and will allow each Party or the Party's Advisor (for non-Title IX Hearings and Title IX Hearings, respectively) to ask the other Party, as well as any witnesses, all relevant cross-examination questions and follow-up questions, including those that challenge credibility.  All Hearings will be run in a manner that ensures a fair process for both the Complainant and Respondent, and both parties will have the opportunity, either themselves or through their Advisors (for non-Title IX and Title IX Hearings, respectively), to ask questions.

What if my complaint doesn't meet the definition of Title IX?

Dismissal of a Title IX Formal Complaint or Title IX allegations does not preclude OCRIE from continuing to investigate the allegations as non-Title IX violations of this Policy.  CMU will still investigate allegations of sexual misconduct under the Sexual and Gender-Based Misconduct Policy with a fair and equitable investigative process.

Who should I report allegations of Sexual Misconduct to?

Any allegation of sexual misconduct can be reported to any Designated Official, Title IX Office or Law Enforcement.