Student Handbook – Interim Title IX Sexual Harassment Policy
Interim Title IX Sexual Harassment Policy And Procedures
I. Policy Statement
This policy pertains to sexual harassment complaints by Indiana Academy students against Indiana Academy students. Indiana Academy employees are subject to Ball State University’s sexual harassment policy found here: https://www.bsu.edu/about/administrativeoffices/general- counsel/policies-and-legal-information/sexual-harassment
In accordance with the U.S. Department of Education’s implementing regulations for Title IX of the Education Amendments of 1972 (“Title IX”), the Indiana Academy for Science, Mathematics and Humanities (“School”) prohibits sexual harassment that occurs within its education programs and activities. An individual who is found to have committed sexual harassment in violation of this policy is subject to the full range of discipline, up to and including termination of employment or expulsion. The School will provide persons who have experienced sexual harassment with ongoing remedies as reasonably necessary to restore or preserve access to the School’s education program and activities.
II. Application and Scope
This policy applies to all students (including applicants for admission) when there is an allegation of sexual harassment occurring within the School’s education program or activities, and it applies regardless of the parties’ sex, gender, sexual orientation, gender identity, or citizenship status. For purposes of this policy, “sexual harassment” is conduct on the basis of sex that satisfies one or more of the following:
- An employee of the School conditioning the provision of an aid, benefit, or service of the School on an individual’s participation in unwelcome sexual conduct (often referred to as 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 School’s education program or activity (often referred to as hostile environment harassment); or
- Sexual assault, dating violence, domestic violence, or stalking (as these terms are defined in Section III below).
- Complainant is an individual who is alleged to be the victim of conduct that could constitute sexual harassment.
- Respondent is a person alleged to have been a perpetrator of conduct that could constitute sexual harassment.
- Sexual assault is any sexual act directed against another person, without the consent, including instances where the person is incapable of giving consent. When processing a complaint of sexual assault under this policy, the School will use definitions under the uniform crime reporting system of the Federal Bureau of Investigation as required by Title IX.
- Dating violence means 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 consideration of the following factors: (I) the length of the relationship; (ii) the type of relationship; and (iii) the frequency of interaction between the persons involved in the relationship.
- 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 the state of Indiana, 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 the state of Indiana.
- Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to (A) fear for his or her safety or the safety of others; or (B) suffer substantial emotional distress.
- Preponderance of the evidence is the standard of evidence to determine if a violation of this policy has occurred. This standard of proof means people in decision-making roles must be convinced by the totality of the available, relevant evidence presented that the alleged conduct has more likely than not (great than 50% likely) occurred in order for thereto be a violation of policy.
- Inculpatory evidence is evidence which implies or tends to establish responsibility for a violation of this policy as alleged.
- Exculpatory evidence is evidence which implies or tends to establish a lack of responsibility for a violation of this policy as alleged.
Note that the School’s “education programs and activities” are locations, events, or circumstances over which the School exercises substantial control over both the respondent and the context in which the sexual harassment occurs. This policy does not apply to sexual harassment that is alleged to have occurred in a private setting and outside the scope of the School’s education programs and activities, or outside of the geographical boundaries of the United States. Such allegations may be processed under other School policies and procedures.
IV. Reporting Sexual Harassment
Any person may report sexual harassment to the Title IX Coordinator. Reports may be made in person, by regular mail, telephone, electronic mail, or by any other means that results in the Title IX Coordinator receiving the report. In-person reports must be made during normal business hours, but reports can be made online or by regular mail, telephone, or electronic mail at any time, including outside normal business hours.
The name and contact information for the Title IX Coordinator is:
Office: EL B008C
In addition to reporting to the Title IX Coordinator, any person may report sexual harassment to any employee of the School. When an employee of the School receives information about alleged sexual harassment, they are required to promptly forward all known details of the situation (including the names of the parties, and the time, date, location, and description of the alleged behavior) to the Title IX Coordinator.
The School community can find the complete Interim Title IX Sexual Harassment Policy and Procedures at https://academy.bsu.edu/wp-content/uploads/IA-Interim-Title-IX-Policy-January-2021.pdf or by contacting the coordinator as listed above. A hardcopy of the policy is also available upon request.
*Faculty and staff members seeking information and procedures for filing a complaint of unlawful discrimination may visit: https://www.bsu.edu/about/administrativeoffices/general-counsel.