Title IX Information

Sex and Gender Based Discrimination and Harassment Guidelines

I. Guiding Principles:

Emory University is committed to maintaining an environment that is free of unlawful harassment and does not discriminate on the basis of sex within its educational programs and activities. Thus, in accordance with federal law and its commitment to a fair and open campus environment, Emory cannot and will not tolerate discrimination against or harassment of any individual or group based upon race, sex, color, religion, ethnic or national origin, genetic information, age, disability, sexual orientation, gender identity, gender expression, veteran's status, or any factor that is a prohibited consideration under applicable law. The university recognizes its responsibility to increase awareness of sex discrimination, prevent its occurrence, and diligently investigate reports of misconduct.

Title IX of the Educational Amendments of 1972 prohibits sex discrimination in educational programs and activities at institutions that receive federal financial assistance. Emory University is committed to creating a safe learning and working environment, free of discrimination, harassment, and violence, that supports the academic and professional growth of those participating in its educational programs and activities.

II. The Department of Title IX at Emory

The Department of Title IX at Emory University supports the University’s commitment to Title IX by fairly and equitably responding to reports of sexual harassment, sexual assault, domestic violence, dating violence, stalking, gender-based harassment, and sexual exploitation. The Sex and Gender-Based Harassment and Discrimination Policy, Policy 8.2, provides additional information about the processes the University uses to address the above-described conduct.

If you experience sexual harassment, including sexual assault, domestic violence, dating violence, stalking, gender-based harassment, and sexual exploitation, you may choose to report to titleix@emory.edu or via the online reporting tool. If you report using the online reporting tool, you will receive your form upon submission, and the Department of Title IX will contact you to discuss resources, supportive measures, and the Formal Complaint process, should you wish to engage in that process.

Please note that Emory University employees are considered Responsible Employees (also known as mandatory reporters) and are required to promptly share with the University Title IX Coordinator all details they receive in the scope of their employment about the above-described conduct.

III. Prohibited Conduct:

Below please find definitions of Prohibited Conduct, as defined in Emory’s Sex and Gender-Based Harassment and Discrimination Policy, Policy 8.2.

Title IX Misconduct[1] Definitions:

(1) Sexual Harassment:

(a) an Employee conditions the provision of an aid, benefit, or service of the university on an individual’s participation in unwelcome sexual conduct, or

(b) an individual is subjected to unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies the individual equal access to the University’s education program or activity.

(2) Sexual Assault: Sexual assault is any sexual act directed against another person without the consent of the complainant, including any of the following:

• Sexual intercourse with another person, including oral or anal sexual intercourse, or the use of an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without consent of the complainant, including instances where the complainant is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity;

• Touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the complainant, including instances where the complainant is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity;

• Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law; or

• Sexual intercourse with a person who is under the statutory age of consent.

(3) Domestic violence: Domestic violence includes 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 Georgia, or

• By any other person against an adult or youth complainant who is protected from that person’s acts under the domestic or family violence laws of Georgia.

(4) Dating violence: 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 complainant. The existence of such a relationship shall be determined based on a consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

(5) Title IX Stalking: Stalking, for purposes of [Title IX Misconduct], means engaging in a course of conduct on the basis of sex directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others, or suffer substantial emotional distress.

Additional Prohibited Conduct[2] Definitions:

(1) Non-Consensual Sexual Contact: Any intentional sexual touching, directly or indirectly, without a person’s affirmative consent. Intentional sexual touching includes deliberate contact, under or over clothing, with the breasts, buttocks, groin, or genitals, or conscious and willful touching another with any of these body parts; making another person touch any of these body parts under or over clothing; and the emission of ejaculate on the clothing or body of another person.

(2) Non-Consensual Sexual Intercourse: Any form of vaginal, anal, or oral penetration by a penis, object, tongue, or digits without a person’s affirmative consent; or oral copulation (mouth-to-genital contact or genital-to-mouth contact) without a person’s affirmative consent, no matter how slight the penetration or contact. ·

(3) Sexual Exploitation: Non-consensual abuse or exploitation of another person’s sexuality for the purpose of sexual gratification, financial gain, personal benefit or advantage, or any other purpose. Examples of sexual exploitation may include, but are not limited to: invasion of sexual privacy; prostituting an individual; nonconsensual video- or audio-recording of sexual activity or circulation of such recorded material (i.e. revenge pornography); non-consensual photographing individuals who are partly undressed, naked, or engaged in sexual acts and transmitting or posting those photographs without an individual’s consent; observing unsuspecting individuals who are partly undressed, naked, or engaged in sexual acts; knowingly transmitting a sexually transmitted disease (STD); exposing one’s breasts, buttocks, or genitals without affirmative consent or inducing another to do the same; and inducing incapacitation for the purpose of making another person vulnerable to non-consensual sexual activity.

(4) Sexual Harassment: Unwelcome sexual advances, requests for sexual contact or favors, conduct based on gender stereotypes, or other verbal, non-verbal, physical, or visual conduct of a sexual nature constitutes sexual harassment when:

a. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s academic, co-curricular, or campus life activities or of an individual’s employment;;

b. Submission to or rejection of such conduct by an individual is used as the basis for academic or student life or employment decisions affecting that individual; c. The conduct is so severe and/or pervasive that it unreasonably interferes with a person’s University employment, academic performance, or participation in University programs or activities; or

d. The conduct is so severe and/or pervasive that it creates an intimidating, hostile, demeaning, or offensive campus or living environment or employment setting.

(5) Gender-Based Harassment: Gender-Based Harassment includes harassment based on actual or perceived sex, sexual orientation, gender identity, gender expression, or pregnancy. Such harassment may include acts of aggression, intimidation, or hostility, whether verbal, graphic, physical, or otherwise, even if the acts do not involve conduct of a sexual nature, when the behavior:

a. Effectively denies access to a University program or activities, as defined by a reasonable person;

b. Is used as the basis for or a factor in decisions affecting that individual’s employment, education, living environment, or participation in a University program or activity; and/or

c. Creates a hostile environment for that individual’s participation in a University program or activity. A hostile environment exists when the conduct is sufficiently severe, persistent, and pervasive that it unreasonably interferes with an individual’s participation in a University program or activity, or creates an intimidating, hostile, offensive, or abusive environment for that individual’s employment, education, living environment, or participation in a University program or activity. Conduct must be deemed severe, persistent, and pervasive (based upon a reasonable person standard). In evaluating whether a hostile environment exists, the University will consider the totality of known circumstances, including the nature, frequency, intensity, location, context, and duration of the behavior.

(6) Retaliation. Any adverse action or threatened action, taken or made, personally or through a third party, against someone who has filed a sexual harassment/misconduct complaint (a Complainant), has been the subject of a sexual harassment/misconduct complaint (a Respondent), or any other individual who engages with the University in connection with a sexual harassment/misconduct complaint. All individuals and groups of individuals, not just a Respondent or Complainant, are prohibited from engaging in retaliation.

IV. What happens if a guest on Emory’s campus reports a Title IX related matter?

Emory’s Sex and Gender-Based Harassment and Discrimination Policy, Policy 8.2, in compliance with Title IX of the Education Amendments of 1972, requires Barkley Forum representatives to report to the Department of Title IX any allegation of sex and gender-based harassment or any other discrimination or harassment that is covered under Title IX made by a student or adult attending the Barkley Forum for High Schools.

All employees of Emory University, unless otherwise designated as Confidential Employees[3] by the University, are required to promptly report incidents of sexual harassment and sex-based discrimination to the University Title IX Coordinator. If you are an Emory University employee and learn of any of the above-described behaviors or any conduct that may violate the Sex and Gender-Based Harassment and Discrimination Policy, you are required to promptly report that information to the University Title IX Coordinator. You can report that information to titleix@emory.edu or via the online reporting tool. You must report all details you receive in the scope of your employment, including information about the date, time, and location of the alleged conduct and the names of the involved parties.

Each tab room has an Emory University employee with mandatory reporting responsibilities as its director; if you experience one of the above-referenced behaviors, please report it to the tab room for your event.

V. Steps by Barkley Forum After Receiving a Report Involving Sex and Gender-Based Harassment:

1. Inform the person making the allegation that we are mandatory reporters (also known as Responsible Employees) and will be making a report to the Department of Title IX.

2. Give the person making the allegation the “What You Need to Know” brochure from Emory University’s Department of Title IX, which is available here.

3. Promptly report the matter to the Department of Title IX via email at titleix@emory.edu or via the online reporting form.

4. The Department of Title IX will promptly reach out to the impacted party to provide information about resources and supportive measures, if applicable, and to determine whether the impacted party would like to file a Formal Complaint, if applicable.

VI. Termination of Participation:

Students, judges, and coaches participating in the Barkley Forum for High Schools hereby acknowledge the authority of the Barkley Forum to terminate a person's participation in the tournament if the person’s behavior is inappropriate or disruptive or if other circumstances warrant such action.

Participants will abide by Emory’s Sex and Gender-Based Harassment and Discrimination Policy, Policy 8.2.

VII. Further Information on Title IX at Emory

Should you wish to learn more about Emory’s Department of Title IX and its role on Emory’s campus, please visit http://equityandinclusion.emory.edu/title-ix/index.html

[1] Title IX Misconduct has both a jurisdictional and definitional component. For conduct to be considered “Title IX Misconduct,” the following must be true: the alleged conduct was perpetrated against a person in the United States; the conduct took place within the University’s Programs and Activities; and, at the time a Formal Complaint is filed, the Complainant was participating in or attempting to participate in the University’s programs or activities. Conduct that does not meet the jurisdictional and definitional requirements of Title IX Misconduct is still prohibited by Policy 8.2. if it otherwise constitutes Prohibited Conduct.

[2] See FN 1.

[3] A list of Confidential Employees is available in Appendix B of the Sex and Gender-Based Harassment and Discrimination Policy.