Article XV. Title IX

Article XV. TITLE IX

As indicated on the Howard University Website (https://www2.howard.edu/title-ix/home ), Howard University is committed to providing students with educational opportunities free from sexual harassment and discrimination based upon gender, gender expression, gender identity, sexual orientation, or marital status. The University strives to maintain an environment in which all members of the University Community are: (a) judged and rewarded solely on the basis of ability, experience, effort, and performance; and (b) provided conditions for educational and employment pursuits that are free from sexual and gender-based harassment and violence, other forms of interpersonal violence, stalking, and retaliation.

The Title IX Office exists to ensure the University adheres to that commitment.

This includes educating the University Community on the rights and protections that are provided by the law and ensuring that those rights and protections are provided to all members of the University community who participate in the Title IX process. This also includes directing individuals who are impacted to the support and resources available.

Section 1. Howard University Title IX Policy Summary of Key Provisions

Howard University is committed to creating a learning and working environment free from harassment and discrimination based on sex, gender, gender expression, gender identity, sexual orientation, or marital status; sexual violence; dating violence, domestic violence; stalking; and retaliation. The full Title IX Policy is available at:
http://www.howard.edu/secretary/documents/Howard-University-Interim-Policy-20171113.pdf .

Section 2. Where and to Whom Does the Title IX Policy Apply?

This policy applies to all students, faculty, staff, contractors and vendors doing business with the University; visitors, alumni, and non-members of the University community present on campus or participating in University-sponsored/related events or programs; to conduct occurring on University property or in the context of a University-related/sponsored program regardless of location (including travel, research, and internship programs); to conduct occurring through the use of University-owned/provided technology resources; or when the conduct has a sufficient connection to the University.

A. Prohibited Conduct

The following forms of conduct, including attempting to engage in such conduct, are prohibited: Sexual Assault, Sexual Harassment, Gender-Based Discrimination or Harassment, Sexual Exploitation, Dating and Domestic Violence, Stalking, Retaliation, and Complicity (any act that knowingly aids, facilitates, or encourages prohibited conduct by another person).

B. Prohibition on Consensual Relationships Between Students and Faculty/Staff

Sexual or romantic relationships between students and faculty, staff, or any other University employee are strictly prohibited. Student-employees also may not engage in consensual relationships with students over whom they have any form of supervisory responsibility, including students residing in the housing unit supervised/managed by the student employee, or students enrolled in a class taught by the student-employee.

C. Consent

Consent is a voluntary, informed, and freely given agreement, through words and/or actions, to participate in mutually agreed-upon sexual acts. Consent can be withdrawn at any time. Consent cannot be obtained through physical force, threat of force, or coercion, and cannot be given by someone who is incapacitated.

D. Incapacitation

Incapacitation is the temporary or permanent inability to give consent because an individual is mentally and/or physically helpless (voluntarily or involuntarily), unconscious, asleep, unaware that sexual activity is occurring, or unaware of where they are, how they got there, or why or how they became engaged in a sexual interaction.

E. Amnesty Provision

In order to encourage and remove barriers to reporting, anyone reporting sexual misconduct, as either a complainant or witness, will not be subject to discipline by the University for their own personal consumption of alcohol or drugs at the time of the incident, provided that their consumption did not endanger the health, safety, or well-being of any other person.

F. Responsible Employees

With the exception of Confidential Employees, all Howard University and Howard University Hospital employees, graduate students, and contractors are considered Responsible Employees and are required to report any information regarding a known or suspected policy violation to the Title IX Office, no matter how they learn of it.

G. Confidential Employees

Confidential Employees include licensed medical, clinical, or mental health professionals; clergy; and employees providing administrative/operational or related support to these employees. Confidential Employees will not report disclosures of prohibited conduct received while acting in their professional roles/providing services without permission. Campus confidential resources include the Interpersonal Violence Prevention Program, University Counseling Services, Student Health Center, Howard University Hospital, Employee Assistance Program (visit hr.howard.edu or contact Employee Relations), and the Chapel. Additionally, DC Sexual Assault Nurse Examiners are based at MedStar Washington Hospital Center and can also travel to other DC hospitals to provide a medical forensic exam (SANE exam/” rape kit”) following a sexual assault. Consulting a Confidential Employee does not constitute a Title IX report to the University but will enable a student or employee to access support services on campus.

H. Reporting Options

The University encourages all individuals to report prohibited conduct or a potential policy violation to the Title IX Director (email: TitleIX@howard.edu), the Department of Public Safety, and/or local law enforcement (911). The Title IX Office responds to reports of prohibited conduct with measures designed to (1) eliminate the conduct, (2) remedy any adverse effects of the conduct, and (3) prevent its recurrence. Available responses include interim remedial/protective measures, academic/residential accommodations, no contact orders, investigation, alternative resolution, and referrals to confidential services, DPS, or other relevant offices for resolution, as appropriate.