More About Title IX

More About Title IX

Policy & Procedure

When sexual harassment or sexual violence has occurred and is brought to the attention of a Title IX official, Midland College will take steps to end the harassment or violence, prevent its re-occurrence and address its effects.

For more information, view the sexual and gender-based misconduct policy:

The Midland College Catalog/Student Handbook has more detailed information regarding procedures under the subtitle Equity and Nondiscrimination. The Title IX Coordinator can also be contacted:

Tana Baker
Title IX/504 Coordinator and Compliance Officer
(432) 685-4781
tbaker@midland.edu or title9@midland.edu

 

Prohibited Conduct

Prohibited Conduct Includes:

  • Discrimination
  • Harassment
  • Gender-based Harassment
  • Sexual Harassment
  • Dating Violence
  • Domestic Violence
  • Stalking
  • Retaliation

Even if the behavior does not rise to the level of unlawful conduct, but may be perceived as offensive conduct, Midland College reserves the right to address offensive conduct and/or harassment that 1) does not rise to the level of creating a hostile environment, or 2) that is of a generic nature and not based on a protected status.  Addressing such conduct will not result in the imposition of discipline under the Midland College policy, but may be addressed through respectful conversation, remedial actions, education, and/or other informal resolution processes.

 

Who to Contact

contact the Title IX Coordinator for assistance with informal resolution processes.

Tana Baker
Title IX/504 Coordinator and Compliance Officer
(432) 685-4781
tbaker@midland.edu

Additional Information

In order to clarify the Title IX investigation process, we have assembled a glossary of Title IX terms. If you have further questions or want more information about these terms, please contact our Title IX Coordinator.

Actual Knowledge – notice of discrimination, sexual harassment or allegations of discrimination, sexual harassment to the Midland College Title IX Coordinator who has the authority to institute corrective measures on behalf of the college.

Advisor – an individual chosen by a party or appointed by the College to accompany the party to meetings related to the resolution process, to advise the party on that process, and to conduct cross-examination for the party at the hearing, if any.

Complainant – an individual who is alleged to be the victim of conduct that could constitute harassment or discrimination based on a protected class, or retaliation for engaging in a protected activity.

Confidential Resource – an employee who is not a Responsible Employee to report harassment, discrimination, and/or retaliation (irrespective of Clery Act Campus Security Authority status)

Day – means a business day when the College is in normal operation.

Education Program or Activity – locations, events, or circumstances where Midland College exercises substantial control over both the Respondent and the context in which the sexual harassment, discrimination, and/or retaliation occurs and also includes any building owned or controlled by a student organization that is officially recognized by Midland College.

Formal Complaint – a document filed by a complainant or signed by the Title IX Coordinator alleging prohibited behavior link to the PROHIBITED BEHAVIOR page) against a respondent and requesting that the college investigate the allegations.

Formal Grievance Process – Process I – a method of formal resolution designated by Midland College to address conduct that complies with the requirements of the Title IX regulations (34 CFR §106.45).

Grievance Process – Process II – an administrative resolution procedure that is applied when the complaint does not rise to the level of Process I as determined by the Title IX Coordinator.

Notice – an employee, student, or third party informs the Title IX Coordinator or other Responsible Employee of the alleged occurrence of harassing, discriminatory, and/or retaliatory conduct.  Notice also includes personal observation of harassing, discriminatory and/or retaliatory conduct by a Midland College employee (excludes student employees).

Parties – the Complainant(s) and Respondent(s) of the alleged conduct.

Respondent – an individual who has been reported to be the perpetrator of conduct that could constitute harassment or discrimination based on a protected class, or retaliation for engaging in a protected activity.

Responsible Employee – an employee of Midland College who is obligated by policy to share knowledge, notice, and/or reports of harassment, discrimination, and/or retaliation with the Title IX Coordinator.

Supportive Measures – non-disciplinary, non-punitive individualized services offered to the Complainant or Respondent and are designed to restore or preserve equal access to the educational program or activity without unreasonably burdening either party. These individualized measures are also designed to protect the safety of all parties the Midland College community.

Title IX governs many aspects of college life, including MC Athletics. Below you will find a general list of frequently asked questions and answers abut the requirements of Title IX in relation to MC Athletics. If you have questions that aren’t covered here, please contact our Title IX Coordinator.

Tana Baker
Title IX/504 Coordinator and Compliance Officer
(432) 685-4781
tbaker@midland.edu

What does Title IX require of Athletics?

Title IX’s requirements of Athletics can be divided into three basic categories:

  1. Participation
    Men and women must be given equitable opportunities to participate in college sponsored athletics. The number and type of sports offered for men and women do not have to be the same, but there does need to be an equitable opportunity to play.
  2. Scholarships
    Female and male student athletes must receive scholarship dollars proportional to their participation levels in sports.
  3. Other Benefits
    Male and female student athletes must receive equitable treatment in other aspects of being a student-athlete. This includes, but is not limited to, access to quality equipment, game/practice schedules, travel allowances, tutoring, coaching, locker rooms, stadiums, medical/training facilities, housing/dining, marketing, support services, and recruitment.

What does “equitable opportunities to participate” mean?

There are three tests that can be used to determine whether or not a college is providing an equitable opportunity to participate for both male and female athletes. A college or university provides “equitable opportunities to participate” if it can demonstrate compliance with one of the following tests:

  1. The college provides participation opportunities for women and men that are substantially proportionate to their respective rates in the college’s full-time undergraduate student enrollment. For example, if a college undergraduate enrollment, if the undergraduate enrollment for Fall 2019 was 54% male, 47% female, then approximately 53% of its athletic roster spots should be reserved for male student-athletes and approximately 47% should be reserved for female student-athletes.
  2. The college demonstrates a history and continuing practice of program expansion for the underrepresented sex. Thus, even if a school’s proportions under the first test are out of balance, the institution can still be compliant by showing that it is working towards achieving proportionality.
  3. The college can demonstrate that it is fully and effectively accommodating the interests and abilities of the underrepresented sex. So, if the institution can show that there is simply no interest from students of the underrepresented sex in increased athletic participation, the institution will be considered in compliance.

Does Title IX only benefit women’s sports?

Although Title IX’s effect on Women’s athletics has historically received attention in the media, Title IX benefits all student-athletes because it prevents colleges and universities from discriminating against anyone on the basis of gender. Title IX seeks to create an equitable educational environment where students of all genders can be successful in the classroom as well as on the field, court, or course.

Does Title IX require that equal money be spent on both men’s and women’s sports?

No. Title IX requires that scholarship money be awarded equitably to males and females based on their relative participation rates in athletics. Likewise, Title IX requires that female and male student-athletes receive equitable treatment, equipment, and benefits.

Does Title IX require a college or university to offer the same sports for both men and women?

No. Title IX does not require that males and females be offered the opportunity to participate in the same sports. Thus, a college or university may field a men’s basketball team without having a women’s basketball team as long as the institution offers equitable opportunities for females to participate in athletics (through another women’s sport). Title IX leaves it up to universities to determine which sport meet the needs of their student body.

Does Title IX apply to club and intramural sports?

Yes. Just like varsity sports, both club and intramural sports are regulated by Title IX. Institutions must offer equitable opportunities for participation in club and intramural sports for female and male students.

What if I believe that Midland College is out of compliance?

Alleged violations of Title IX should be reported to the Midland College Title IX Coordinator.

Tana Baker
Title IX/504 Coordinator and Compliance Officer
(432) 685-4781
tbaker@midland.edu

You can also report directly to the Office of Civil Rights (OCR) within the U.S. Department of Education. OCR is responsible for compliance of every college and university who receives federal funding. You can find more information at:  www2.ed.gov/about/offices/list/ocr/index.html

Title IX is a federal law that prohibits discrimination on the basis of sex in an education program. Among the types of gender discrimination covered by this statute, Title IX protects against discrimination related to pregnancy or parental status. Protection extends to students who are pregnant or who have either had a false pregnancy, termination of pregnancy, have gone through childbirth, or are recovering from any of those conditions. Title IX regulations also prohibit a school from applying any rule related to a student’s parental, family or marital status that treats students differently based on their sex.

Below are some frequently asked questions and their answers about the University’s compliance with this aspect of Title IX.

Where can a student seek assistance for pregnancy-related accommodations?

Pregnant students may contact the Office of Title IX to request assistance with accommodations. Examples of accommodations include, but are not limited to, rescheduling tests or exams, excusing absences, submitting work after a deadline, providing alternatives to make up missed work, or retaking a semester. The Office of Title IX may facilitate communications with the student’s professors or assist with other University resources.

Pregnancy, childbirth, and related conditions may necessitate absence. Will those absences be excused?

Yes. Absences due to pregnancy, childbirth, or related medical conditions must be excused and cannot be treated or penalized like unexcused absences. Depending on the length of the absence and area of instruction, it may be academically necessary for the student to take a leave of absence. Professors must provide a leave of absence for pregnant students for as long as it is deemed necessary by their medical doctor. Professors may require a doctor’s note for pregnancy –related absences only if a doctor’s note is required to excuse other medically-related absences.

What happens when a pregnant student misses an assignment(s), test(s), exam(s) etc. due to an excused absence?

After an excused absence due to pregnancy, childbirth, or any related medical conditions, professors must allow a reasonable time for the student to make up missed assignments and tests. This is true regardless of the professor’s typical makeup assignment policy. Depending on the nature of the course, making up the exact missed assignment might not be feasible. The makeup work does not have to be exactly the same as the missed work, but needs to be reasonably equivalent.

Can pregnant students be penalized for their absence if grades in class are based on attendance or participation?

A student may not be penalized for absences known to be due to pregnancy, childbirth, or other related medical conditions. A professor cannot reduce a pregnant student’s grade because of attendance or participation points that the student missed during excused absences due to her pregnancy-related conditions. The professor must give the student a reasonable opportunity to earn back the credit missed due to pregnancy.

Can a professor prevent a pregnant student from attending class?

No. Under Title IX, the University cannot exclude someone from class based on their pregnancy. The University can only require a pregnant student to provide a doctor’s certification of fitness to continue in an education program or activity if the same requirement is imposed on all other students with medical conditions requiring a doctor’s care.

Can a pregnant student participate in internships and other off-campus programs?

Yes. Pregnant students cannot be excluded from College-related off-campus programs, such as internships, off-campus activities, College-sponsored activities, and other extracurricular activities.  A professor cannot require a doctor’s note to show fitness to participate unless it is required for all students in the program.

Does the College have to provide special services to pregnant students?

Midland College must provide the same services to pregnant students that it provides for other students with temporary disabilities.

What if a student or professor makes an offensive or inappropriate remark about a student’s pregnancy?

Midland College will not tolerate gender-based harassment, including harassment based on her pregnancy, she should let the Title IX Coordinator know immediately.  If a faculty or staff member witnesses or learns about harassment of a pregnant student, the should also immediately notify the Title IX Coordinator so that prompt and effective steps end the pregnancy-related harassment, prevent its recurrence, and eliminate any hostile environment created by the harassment.

The same grievance procedures are applicable to complaints of sexual misconduct also apply to discrimination based on pregnancy or parental status.

Title IX prohibits a school’s retaliation against an individual for filing a complaint or raising concerns about the rights of a pregnant and parenting student.

Can a pregnant student lose her scholarship due to her pregnancy?

As long as the student remains in school and in good standing when the student is not medically required to be absent, the student will not lose the scholarship.

Who do I contact if I have more questions?

For questions contact the Title IX Coordinator:

Tana Baker
(432) 685-4781
tbaker@midland.edu or title9@midland.edu

Or you can reference these additional resources:

 

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