Title IX Policy
Statement of Policy
Carthage is committed to creating a safe, healthy, and non-discriminatory environment for all students, staff, faculty, and visitors that is free from all forms of sexual harassment. As part of this commitment, Carthage does not tolerate any form of sexual harassment, which includes Quid Pro Quo and Hostile Environment Sexual Harassment, Sexual Assault, Dating Violence, Domestic Violence, and Stalking as defined by the Clery Act.
Scope of Policy
The Title IX policy covers student-to-student sexual harassment, employee-to-student sexual harassment, and student-to-employee sexual harassment. This policy extends to behavior that occurs on campus, property owned or controlled by the College, or a Carthage educational program or activity off-campus within the United States.
Title IX Coordinators
Any community member who has concerns about gender discrimination, including any concerns pertaining to sexual harassment, is encouraged to contact one of Carthage’s Title IX Coordinators. They can provide information, guidance, and other resources to address sexual harassment and gender discrimination. A Title IX Coordinator can discuss general concerns, respond to a report of sexual harassment, or answer questions about the disciplinary process for sexual misconduct. Carthage’s Title IX Coordinators are:
Annette Duncan, Title IX Coordinator
Lentz Hall 208
262-551-5883 | firstname.lastname@example.org
Abigail Hanna, Deputy Title IX Coordinator/Student Designee
Lentz Hall 403
262-551-6450 | email@example.com
Chris Grugel, Deputy Title IX Coordinator/Employee Designee
Hedberg Library 212
262-551-6555 | firstname.lastname@example.org
Megan Jones, Deputy Title IX Coordinator/Athletics Designee
262-551-5713 | email@example.com
This policy is intended to comply with the following laws:
- Title IX of the Education Amendments of 1972
- The Violence Against Women Reauthorization Act of 2013
- The Federal Education Rights and Privacy Act
- The 2020 Title IX Regulations
Application of Policy
A person who commits sexual harassment will be subject to disciplinary action under this Policy. Carthage will consider the concerns and rights of all parties involved, and provide a prompt, fair, and impartial process from its initial investigation through its final determination. A person who engages in retaliation against a party who reports sexual harassment or participates in proceedings under this Policy will also be subject to discipline under this Policy.
Conduct on the basis of sex that satisfies one or more of the following:
- An employee of the recipient conditioning the provision of an aid, benefit, or service of the recipient on an individual’s participation in unwelcome sexual conduct. (Quid Pro Quo).
- Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the recipient’s educational program or activity. (Hostile Environment)
- Sexual assault, dating violence, domestic violence, or stalking as defined by the Clery Act.
Affirmative words or conduct indicating the freely, willingly, and knowingly given agreement to have specific sexual contact. A person cannot consent if incapacitated by drugs or alcohol, coerced into submission, unconscious, or otherwise physically or mentally incapacitated. Consent to one form of sexual contact does not imply consent to other forms. An existing relationship, past relationship, or prior consent does not imply consent to future sexual contact.
Sexual contact with another person, without that person’s consent. A person’s use of alcohol or drugs is not a defense to a sexual assault.
Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interactions between the persons involved in the relationship. For the purpose of this definition, dating violence:
- Includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
- Does not include acts covered under the definition of domestic violence.
A felony or misdemeanor crime of violence committed by:
- A current or former spouse or intimate partner of the victim;
- A person with whom the victim shares a child in common;
- A person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;
- A person similarly situated to a spouse of the victim under domestic or family violence laws of the jurisdiction in which the crime of violence occurred, or
- 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 the jurisdiction in which the crime of violence occurred.
Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for the person’s safety or the safety of others, or suffer substantial emotional distress. For the purpose of this definition:
- Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
- Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
- Reasonable person means a reasonable person under similar circumstances and with similar identities to the complainant.
An individual who has experienced sexual harassment.
An individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.
Information regarding an incident of sexual harassment that is shared with an employee.
Intimidation, threats, coercion, harassment, discrimination, or violence against a person for reporting an incident of sexual harassment, filing a written complaint, or participating in a Title IX proceeding.
Carthage’s primary concern is student safety. Any person who reports an incident of sexual harassment will not be subject to discipline for reasonable violations of Carthage’s Community Code related to reports of sexual harassment made in good faith.
Reporting helps Carthage protect community members who might be at risk and allows Carthage to take steps to prevent the recurrence of sexual harassment.
Community members who believe that they or any other community member have experienced sexual harassment are strongly encouraged to make a report to a Title IX Coordinator. Community members can also report an incident of sexual harassment to the Dean of Students Office, Carthage Public Safety, Residence Life staff, the Health and Counseling Center, or to a Carthage faculty or staff member.
Community members can contact Carthage Public Safety or Residence Life professional staff to make a report outside of normal business hours.
In an emergency, community members should contact Campus Public Safety at 262-551-5911 or the police at 911.
Individuals who experience sexual harassment often need time and space to process what happened. The following confidential resources are available to community members who do not know how they want to proceed and who would like to speak to someone in confidence:
- Campus Pastor, 262-551-5812
- Health and Counseling Center, 262-551-5710
All Carthage faculty and staff must promptly forward any reasonable suspicion of sexual harassment to a Title IX Coordinator, and forward any reports of sexual harassment to a Title IX Coordinator. In addition, Carthage faculty and staff must, if safe to do so, intervene or stop any sexual harassment that they observe.
Upon receiving a report of an incident of sexual misconduct, Carthage will follow these procedures:
- Either a Residence Life or Carthage Public Safety staff member will contact the complainant, ensure their current environment is safe, address any immediate health or medical concerns, and forward the report to the Title IX Coordinator.
- As soon as possible, the Title IX Coordinator will contact the complainant to discuss the incident of sexual harassment and obtain additional information about that incident.
The Title IX Coordinator will also:
- Inform the complainant that they can report the incident of sexual harassment to local law enforcement authorities, receive the coordinator’s assistance in making such a report, or decline to make such a report.
- Inform the complainant that they have the choice to file a formal complaint and pursue a sexual harassment proceeding under this Policy, and that such a proceeding will occur independently of any criminal investigation and proceeding.
- Provide written information about the importance of preserving evidence of an incident of sexual harassment.
- Provide written information about supportive measures available to the complainant.
Carthage is committed to protecting complainants from the time an incident is reported through its resolution. Supportive measures are individualized services reasonably available that are non-punitive, non-disciplinary, and are not unreasonably burdensome to the other party while designed to ensure equal educational access, protect the safety, and deter sexual harassment. Carthage offers the following protective measures:
- No Contact Order — Parties involved in a report may not contact each other.
- Class Reassignment — If parties share a course, alternative arrangements will be made for one party.
- Facility Bans — The respondent and complainant may not enter certain areas of campus when/where the other party resides or is employed.
- Counseling through Carthage’s Health and Counseling Center
- Academic support through the Dean of Students Office
- Academic accommodations through the Dean of Students Office
- Referral to Women and Children’s Horizons or the Wisconsin Coalition Against Sexual Assault for additional counseling and support.
- Other — In addition to the protective measures listed above, Carthage will consider any other reasonable requests from the complainant for protective measures.
Carthage is committed to maintaining the privacy of everyone involved in a report of sexual harassment. In every investigation, hearing, and appeal, Carthage will make every effort to protect the privacy of the parties while balancing the need to investigate the alleged sexual harassment.
Information related to a report of sexual harassment will be shared only with those Carthage employees who are involved with the investigation, hearing, or appeal. All Carthage employees who are involved in these processes have received training regarding the safeguarding of private information. Carthage will not release information about an investigation, hearing, or appeal except as required or permitted by law or Carthage policy.
Students who wish to obtain confidential assistance through on-campus or off-campus resources without making a report to Carthage may do so by speaking with professionals who are obligated by law to maintain confidentiality. The Resources section of this policy identifies such professionals. As a reminder, students may seek confidential assistance on campus through the Health and Counseling Center or the Campus Pastor.
If Carthage receives a report of an incident sexual harassment, but the complainant requests that their identity remain confidential, or declines to participate in the conduct process, Carthage will balance the requests with its responsibility to provide a safe and non-discriminatory environment for all community members. Carthage will take all reasonable steps to investigate and respond to the report consistent with such requests while acknowledging that its ability to investigate may be limited by such requests.
If a report of sexual harassment reveals an immediate threat to the Carthage community, Carthage may issue a notice to the community to protect the health or safety of the campus community. This notice will not contain any identifying information about the person who experienced sexual harassment. Immediate threats include, but are not limited to, allegations of sexual harassment that include the use of force, a weapon, or other circumstances that represent a serious and ongoing threat to the Carthage community.
The College presents information about the prevention and awareness of sexual harassment to all new students and faculty during their respective orientations, which includes:
- An explanation and review of this sexual harassment policy;
- A description of safe and positive options for bystander intervention; and
- Information about risk reduction.
The Dean of Students Office and Student Conduct have contracted with CampusClarity to provide an online sexual misconduct education course to all new students titled Sexual Assault Prevention
Ongoing education regarding sexual harassment topics is provided by the Health and Counseling Center, Student Conduct, and bystander intervention trainers. These programs may be presented in classes, on residence hall floors, or for organizations. The content of these programs is tailored to the particular group or audience.