Quinnipiac University

Title IX

Quinnipiac University is dedicated to fostering a healthy and safe environment in which members of the community can realize their full potential in an educational, working and living environment free from all forms of gender or sex discrimination and sexual misconduct.

Title IX Discrimination and Harassment Policy

Title IX of the Education Amendments of 1972 prohibits discrimination based on sex in educational programs and activities that receive federal financial assistance. To ensure compliance with Title IX and other federal and state laws, Quinnipiac University has developed policies that prohibit discrimination and misconduct on the basis of gender, such as sexual misconduct, sexual violence, sexual harassment, intimate partner violence, stalking and any other gender-based harassment or misconduct.

View the Title IX policy
View the Title IX Training Materials

Definitions and Scope of Sexual Misconduct

Quinnipiac prohibits any form of sexual harassment and sexual misconduct, as defined by this policy.

Sexual Harassment

Sexual Harassment: conduct on the basis of sex that satisfies one or more of the following:

  1. An employee of the university conditioning the provision of an aid, benefit or service of the university on an individual’s participation in unwelcome sexual conduct; 
  2. 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 education program or activity; or
  3. “Sexual assault” as defined in 20 U.S.C. 1092(f)(6)(A)(v), “dating violence” as defined in 34 U.S.C. 12291(a)(10), “domestic violence” as defined in 34 U.S.C. 12291(a)(8), or “stalking” as defined in 34 U.S.C. 12291(a)(30).

Sexual Assault

Sexual Assault: An offense classified as forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation. Any sexual act directed against another person, without the consent of the victim including instances where the victim is incapable of giving consent. Sexual assault includes forcible rape, forcible sodomy, sexual assault with an object, forcible fondling, incest and statutory rape.

  • Forcible Rape—The carnal knowledge of a person, forcibly and/or against that person’s will or not forcibly or against the person’s will in instances where the victim is incapable of giving consent because of his/her temporary or permanent mental or physical incapacity.
  • Forcible Sodomy—Oral or anal sexual intercourse with another person, forcibly and/or against that person’s will or not forcibly or against the person’s will in instances where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.
  • Sexual Assault with an Object—To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, forcibly and/or against that person’s will or not forcibly or against the person’s will in instances where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.
  • Forcible Fondling—The touching of the private body parts of another person for the purpose of sexual gratification, forcibly and/or against that person’s will or not forcibly or against the person’s will in instances where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.
  • Incest—Nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
  • Statutory Rape—Nonforcible sexual intercourse with a person who is under the statutory age of consent.

Dating Violence

Dating Violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where 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.

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 the jurisdiction receiving grant monies, 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 jurisdiction.

Stalking

Stalking:  Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others; or suffer substantial emotional distress.

Statement on Consent

Consent is an active, knowing and voluntary exchange of affirmative words and/or actions, which indicate a willingness to participate in a particular sexual activity. Consent must be freely and actively given. It is the responsibility of the initiator to obtain clear and affirmative responses at each stage of sexual involvement. The lack of a negative response is not consent. A person who is incapacitated by alcohol and/or drugs, whether voluntarily or involuntarily consumed, may not give consent. Neither consent to one form of sexual activity nor past relationships imply consent to future sexual activity.

Incapacitation is a state where a person lacks the capacity to understand or appreciate the fact, nature or extent of a sexual encounter.

  • Sexual activity with a person who is demonstrably mentally or physically incapacitated (i.e., by alcohol or other drug use, unconsciousness or blackout) constitutes a violation of this policy.

  • A person whose incapacity results from mental disability, sleep, involuntary physical restraint, or from the consumption (voluntary or otherwise) of incapacitating drugs cannot give consent.

  • To give consent, a person must be of the legal age of consent. Under most circumstances, the age of consent in the state of Connecticut is sixteen. See Connecticut General Statutes § 46b-120, § 46b-127, § 46b-133d, § 53a-70, § 53a-71, and § 54-76b.

  • Alcohol-related incapacity results from a level of alcohol ingestion that is more severe than impairment, being under the influence, drunkenness or intoxication.

Evidence of incapacity may be detected by physical cues, e.g., slurred speech, bloodshot eyes, the odor of alcohol on a person’s breath or clothing, inability to maintain balance, vomiting, unusual or irrational behavior and unconsciousness. Context is important in helping to determine incapacitation. Any of these particular cues alone do not necessarily indicate incapacity.

Force is the use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation and coercion that overcomes resistance or produces consent.

Coercion is unreasonable pressure for sexual activity. Coercion is the use of emotional manipulation to persuade someone to do something they may not want to do, such as being sexual or performing certain sexual acts. Being coerced into having sex or performing sexual acts is not consenting sex and is considered sexual misconduct.

Supportive Measures

All parties in a Title IX process have a right to supportive measures. Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to complainant or respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to the university’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the university’s educational environment, or deter sexual harassment. Supportive measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures.

How to Make a Report

Title IX inquiries may be referred to Patricio Jimenez, Title IX Coordinator, directly at patricio.jimenez@qu.edu or at 203-582-7757.

Parties may submit reports of discrimination and misconduct on the basis of gender, including sexual misconduct, through the online reporting form.

Confidentiality and Privacy in Reporting

The university will make every effort to maintain the privacy of those involved in Title IX complaints and related processes. Only people who have a legitimate need to know about the matter will be informed, and materials and information prepared or acquired under Title IX procedures will be shared only as required and/or necessary with investigators, witnesses and other relevant parties.

Disclosure of such information also may be made if the university’s Title IX coordinator determines that such disclosure is necessary to protect the health, safety or well-being of the community. While the university’s Title IX coordinator will take into account any requests made by a party for confidentiality or that a Title IX matter not be investigated, the university’s Title IX coordinator will take appropriate steps to respond to the matter consistent with requirements of Title IX and the university’s obligation to the greater Quinnipiac community.

The university does not require, allow, rely upon, or otherwise use questions or evidence that constitute information protected under a legally recognized privilege, unless the person holding such privilege has waived the privilege.

On- and Off-Campus Resources

 

  • 24-hour confidential hotline: 1-888-999-5545
  • Women and Families Center/Meriden: 203-235-9297
  • Women and Families Center/New Haven: 203-389-5010
  • Rape Crisis Center of Milford: 203-878-1212
  • Crisis hotline: 1-800-656-HOPE
  • Rape, Abuse and Incest National Network (RAINN)
  • The Umbrella Center for Domestic Violence Services, Greater New Haven:
    • 203-789-8104 or 1-888-774-2900 (toll free)
    • Online: bhcare.org

Rights of Parties in a Title IX Process

  • The right to a prompt, thorough, and equitable Title IX process.
  • The right to be treated with respect by university staff throughout the process and the right to a Title IX coordinator, investigator, decision-maker and facilitator of an informal resolution process that does not have a conflict of interest or bias.
  • The right to receive sufficiently detailed written notice of the allegations, upon the university’s receipt of a formal complaint.
  • The right to confidentiality in any Title IX process, except as may be permitted by the Family Educational Rights and Privacy Act (FERPA), as required by law, or as necessary to carry out a Title IX proceeding.
  • The right to discuss the allegations under investigation or to gather and present relevant evidence.
  • The right to be notified of available counseling, mental and physical health services, and the availability of reasonable supportive measures.
  • The right to receive written notice of any investigative interviews, meetings or hearings.
  • The right to identify witnesses and other parties, and to request the Title IX coordinator or designee contact those individuals as part of the investigation.
  • The right to have an adviser of choice present in a support or advisory role during the investigation and the administrative hearing.
  • The right to report any incident to off-campus authorities and/or law enforcement and to be assisted by university staff in doing so.
  • The right to have a live hearing, presided over by a trained and impartial hearing officer.
  • The right to review all evidence gathered during the investigation, subject to limitations provided by law, including a draft copy of the report for at least 10 days, and to provide a response prior to the finalization of the report.
  • The right to review all evidence that will be provided to the hearing officer, including the final report and the names of all known witnesses who may be called to provide statements during the administrative hearing, for 10 days prior to the hearing.
  • The right to have the university request attendance and accommodate individuals called as witnesses for a hearing.
  • The right to inspect the hearing script, upon request.
  • The right to be present and participate in the administrative hearing.
  • The right to participate in the administrative hearing remotely, upon request.
  • The right to ask relevant questions of the other party and of witnesses during the administrative hearing, through an adviser of choice.
  • The right to be informed of the outcome and sanction of any administrative hearing within one business day of a decision being rendered, and to receive that decision in writing.
  • The right to appeal the finding and sanction of the hearing officer, in accordance with the appeal guidelines established in this policy.

Complainants in Title IX processes have the right to an investigation and appropriate resolution of all credible complaints of sexual misconduct, gender-based discrimination and/or harassment made in good faith to the university. Respondents have the right to be presumed “not responsible” throughout the Title IX process.

Additional Resources

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