As required by the provisions of Title IX and 34 CFR part 106, Murray State University does not discriminate on the basis of sex in its educational programs and activities and is required by Title IX and 34 CFR part 106 not to discriminate in such a manner. This non-discrimination in education programs and activities extends to employment and admissions.
To enforce Title IX, the U.S. Department of Education maintains an Office for Civil Rights (OCR), with headquarters in Washington, DC and 12 offices across the United States.
More information about Title IX and the OCR is available at: http://www2.ed.gov/about/offices/list/ocr/docs/tix_dis.html
Campus Resource Sheet for download
Commonly asked Questions about Title IX
What types of programs are covered by Title IX?
Murray State programs and activities covered by Title IX include: admissions, recruitment, financial aid, academic programs, student services, athletics, housing and employment. Also, Murray State may not retaliate against any person because he or she opposed an unlawful educational practice or policy, or made charges, testified or participated in any complaint action under Title IX.
What types of conduct are prohibited by Title IX?
Title IX prohibits discrimination on the basis of sex in programs and activities which receive certain Federal funding. The discrimination prohibited includes exclusion from or being denied the benefits of any academic, extracurricular, research, occupational training or other educational program or activity on the basis of sex.
What is discrimination?
Discrimination: Any act or failure to act, impermissibly based in whole or in part on a person's race, color, religion, sex, national origin, age, physical or mental handicap, and/or reprisal, that adversely affects privileges, benefits, working conditions, results in disparate treatment, or had a disparate impact on employees or applicants.
Sex Discrimination: Discriminatory or disparate treatment of an individual because of his or her sex.
Does Title IX extend to sexual harassment and sexual violence?
Yes. Title IX requires that once a college or university knows or reasonably should know of possible sexual harassment of students, it must take “immediate and appropriate steps to investigate or otherwise determine what occurred and take prompt and effective steps reasonably calculated to end any harassment, eliminate a hostile environment if one has been created, and prevent harassment from occurring again” regardless of whether the student who has been harassed complains of the harassment or asks the college to act. When a university fails to do so, it becomes subject to legal action, either through a private civil lawsuit or an administrative proceeding through the U.S. Department of Education’s Office for Civil Rights.
What is Sexual Harassment?
Sexual harassment is a form of gender discrimination which violates state and federal law and University policy. Students and employees can be the victims, or perpetrators, of sexual harassment. Third parties may also engage in sexually harassing behavior.
In general, sexual harassment may be present if there are unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature and:
- submission to such conduct is made explicitly or implicitly a term or condition of an individual’s employment or participation or performance in any course, program, or activity;
- submission to or rejection of such conduct by an individual is used as a basis for making decisions with respect to the individual’s employment or participation or performance in any course, program, or activity; or
- such conduct is so severe or pervasive that it will be reasonably perceived, and is perceived by the victim, as creating an intimidating, hostile, or abusive work or school environment.
Paragraphs 1 and 2 describe what is known as “quid pro quo” harassment, while paragraph 3 describes “hostile environment” harassment.
Sexual harassment can occur in different relationships including that of supervisor-subordinate; teacher-student; and student-student. Whether conduct constitutes sexual harassment depends upon the particular facts surrounding, and law applicable to, the situation in question. Relevant considerations include the type, frequency, and duration of the conduct and the identity of and relationship between the alleged harasser and the subject of the harassment. Click here for MSU's Sexual Harassment Policy
Sexual violence – physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent – is a form of sexual harassment prohibited by Title IX. Additional information can be found in MSU’s “Policy on Sexual Misconduct, Unwanted Pursuit and Relationship Violence” found in the Student Life Policies, Rules, and Procedures located at http://campus.murraystate.edu/services/ctcfiles/StuLifePolicies2010.pdf
Sexual Assault: Sexual assault can be verbal, visual, or anything that forces a person to join in unwanted sexual contact or attention, including but not limited to: Inappropriate touching, Vaginal, anal, or oral penetration, Sexual intercourse that you say no to, Rape, Attempted rape, and Child molestation. Click here for MSU's Sexual Offenses Policy Statement
What are the reporting responsibilities of faculty, staff, and students?
Employees who are likely to witness or receive reports of sexual harassment and violence have a duty to report. This virtually includes all employees at the institution given their likelihood to interact with students throughout the campus. Additionally, the actual knowledge need not be direct knowledge of an incident as reported by the alleged victim. Actual notice can be established by third party reports.
Who should be told if there is a concern of sexual harassment or violence?
Murray State University has designated Dr. Joshua Jacobs as the Title IX Coordinator. Any individual with questions or seeking to report an incident related to sexual harassment, or sexual assault may make contact using any of the following methods:
Joshua E. Jacobs, Ed.D.
Chief of Staff and Title IX Coordinator
Office of the President
218 Wells Hall
Murray, KY 42071
AFTER HOURS: Contact Public Safety