Title IX Gender-Based Discrimination

Buffalo State receives federal financial assistance in many forms, including grants from federal agencies for faculty research. Failing to comply with Title IX or other federal civil rights requirements may result in the termination of all or part of a university's federal funding, including awards for faculty research.

Educational institutions are required to provide women and men in all disciplines, including science, technology, engineering, and mathematics, comparable resources, support, and promotional opportunities.

Title IX's protection is not limited to women but protects the rights of both women and men. Title IX requires that males and females receive fair and equal treatment in all areas of education, including athletics.

•     Recruitment, admissions, scholarships, and financial aid. 
•     Course offerings and access. 
•     Sexual harassment, including sexual assault and sexual violence, domestic violence, and stalking.

• Offers equal opportunities for admission, recruitment, course participation, scholarships and other forms of financial aid, and athletic offerings.
• Prohibitions against sexual harassment, gender-based harassment, and other forms of discrimination based on sex.
• Provides assistance and redress for victims of stalking, sexual assault, and sexual violence.

No, this may be one of the most widely held misconceptions about Title IX. Athletics are not the only component of academic life governed by Title IX. Other areas that fall within the scope of Title IX include:

• Recruitment, admissions, financial aid, and scholarships
• Course offerings and access
• Counseling services
• Hiring, retention, and promotion of employees
• Benefits and leave

Title IX also prohibits sexual harassment, which includes sexual assault and sexual violence.

Additional information regarding what behaviors may constitute sexual harassment and other forms of sexual misconduct.

Does Title IX  require that a female athletic opportunity is equitable with male programs?

Yes, Title IX creates parity in athletics, as well as other educational opportunities and experiences for men and women. Title IX does not require schools to cut men's athletic programs. Each school determines how it will comply with Title IX regulations.

No, while Title IX protects the rights of women, Title IX also serves to protect the rights of men. Title IX requires that males and females receive fair and equal treatment in all areas of education.

Is it true that According to Title IX, all educational activities and programs must be co-ed and open to both men and women?

No, Title IX specifically allows for, or has been interpreted to allow for, single-sex programs in several categories. Included among those are: religious schools, traditional men's/women's universities, social fraternities/sororities, youth service organizations i.e. the Boy/Girl Scouts of America, and beauty pageants.

Is it true that Title IX prohibits gender bias in science, medicine, and engineering?

Yes, the under-representation of women in science, medicine, and engineering may violate Title IX. Educational institutions are required to provide women in these disciplines with resources, support, and promotional opportunities comparable to their male colleagues.

Is it true that advocates for victims of Title IX who file complaints of discrimination for others are protected from retaliation under Title IX?

Yes, the U.S. Supreme Court has broadened the interpretation of Title IX to protect from retaliation whistle-blowers who accuse educational institutions of sex discrimination. The court opines that reporting incidents of discrimination is integral to Title IX enforcement and would be discouraged if retaliation against those who report it goes unpunished.

The United States Department of Education's Office for Civil Rights (OCR) is in charge of enforcing Title IX. Information about OCR can be found at ed.gov/about/offices/list/ocr/index.html.

A knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based on a participant's sex, sexual orientation, gender identity, or gender expression. 

• Consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute consent to any other sexual act. 
• Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol. 
• Consent may be initially given but withdrawn at any time. Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent. 
• Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm. When consent is withdrawn or can no longer be given, sexual activity must stop. 

For the purposes of the Title IX Grievance Policy, covered sexual harassment includes any conduct on the basis of sex or gender identity that satisfies one or more of the following:

1. An employee conditioning educational benefits on participation in unwelcome sexual conduct (i.e., quid pro quo);
2. Unwelcome conduct that a reasonable person would determine is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the educational institution’s education program or activity;
3. Sexual assault (as defined in the Clery Act), which includes any sexual act directed against another person, without the consent of the victim including instances where the victim is incapable of giving consent;
4. Dating violence (as defined in the Violence Against Women Act (VAWA) amendments to the Clery Act), includes any violence committed by a person: (A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) The length of the relationship; (ii) The type of relationship; (iii) The frequency of interaction between the persons involved in the relationship.
5. Domestic violence (as defined in the VAWA amendments to the Clery Act), includes any 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 New York domestic or family violence laws 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 New York State.
6. Stalking (as defined in the VAWA amendments to the Clery Act), includes engaging in a course of conduct 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.

For the purposes of the Title IX Grievance Policy, Complainant means any individual who has reported being or is alleged to be the victim of conduct that could constitute covered sexual harassment as defined under this policy.

For the purposes of the Title IX Grievance policy, Respondent means any individual who has been reported to be the perpetrator of conduct that could constitute covered sexual harassment as defined under this policy.

If you are a student who believes you have been subjected to sexual harassment by university faculty or staff; or any other form of gender discrimination under Title IX, you may report such misconduct or file a formal complaint with the Title IX Coordinator. Complaints must be submitted in writing not more than 90 days after the incident(s) in question.  For good cause and at the Title IX Coordinator's discretion, the 90-day requirement may be waived.

Complaint procedure

If you are a student who believes you have been or are the victim of sexual harassment, including sexual assault, sexual violence, or other sexual misconduct, by another Buffalo State student, you may report such conduct or file a complaint under Title IX to the Dean of Students Office.

If you are an employee who believes you have been subjected to discrimination under Title IX, including sexual harassment, and wish to file a complaint under Title IX, you can do so with the Title IX coordinator in the Equity and Campus Diversity Office. Complaints must be submitted in writing not more than 90 days after the incident(s) in question. For good cause and at the Title IX coordinator's discretion, the 90-day-requirement may be waived. 

Complaint Procedure

Federal and state laws prohibit the taking of retaliatory measures against any individual who files a complaint in good faith.

Sexual harassment is prohibited under the university's general policy on discrimination and harassment, the policy on sexual harassment, and the Code of Student Rights, Freedoms, and Responsibilities.