Title IX - Sexual Misconduct

Title IX is a federal law that protects individuals from sex discrimination in educational programs and activities.

Title IX team members receive annual training related to their role in the process. 34 CFR Part 106.45(b)(10) of the 2020 Title IX Regulations mandates the public sharing of materials used to train Title IX team members. The training materials follow:

• 2021 Title IX Team Training
• 2021 Title IX Team Training (Investigators)
• Thompson Coburn LLP Title IX Training Series for Institutions of Higher Education

Title IX helps create a safe and respectful environment that better protects students, faculty, staff and visitors from incidents of sex-based discrimination and sexual harassment, which includes sexual violence and assault.

Sexual harassment, which includes sexual violence and assault, is a form of sex discrimination and is prohibited under Title IX.

Specific behaviors that are prohibited by Title IX include rape, sexual assault, sexual exploitation, and other forms of non-consensual activity, stalking, and relationship violence. Many behaviors that violate Title IX are also crimes.

Title IX protects all students, faculty, staff and visitors from discrimination on the grounds of gender, sex, gender identity or expression, and sexual orientation.

Yes. Title IX protects all students attending institutions in the United States that receive federal funds, regardless of national origin, international status or citizenship status. 

Sexual misconduct is any unwelcome conduct of a sexual nature that is committed without consent or by force, intimidation, coercion or manipulation. Sexual misconduct can be committed by a person of any gender, and it can occur between people of the same or different gender.

Examples:

• Sexual harassment
• Sex-based harassment
• Sexual violence or assault
• Rape
• Groping
• Sexual coercion
• Sexual exploitation
• Sexual threats or intimidation
• Domestic violence
• Dating violence
• Stalking
• Cyber-stalking
• Any other nonconsensual sexual touching

These examples are not all-inclusive of the types of situations that may constitute sexual misconduct.

Yes. The university does not condone and will not tolerate sexual harassment or sexual violence of any kind. The university prohibits rape, domestic violence, dating violence, sexual assault, stalking and cyber-stalking as well as discrimination or harassment based on sex.

Allegations of sexual misconduct are investigated and processed in accordance with discipline processes outlined in the Student Handbook, Employee Handbook and/or SNHUPEA Agreement.

Sexual harassment is any unwelcome sexual advance, request for sexual favors, or other verbal or physical conduct of a sexual nature which has the purpose or effect of interfering with one's academic or work performance or educational experience by creating an intimidating, hostile, offensive or violent environment. Sexual violence/assault is also considered sexual harassment.

Examples:

• Pressure for sexual activity
• Sexual innuendos and comments
• Sexually explicit questions
• Requests for sexual favors
• Unwelcome touching, hugging, stroking, squeezing
• Spreading rumors about a person's sexuality
• Displaying or sending sexually suggestive electronic content, including but not limited to emails, text messages, etc.
• Pervasive displays of pictures, calendars, cartoons or other materials with sexually explicit or graphic content
• Stalking a person
• Attempted or actual sexual violence

These examples are not all-inclusive of the types of situations that may constitute sexual harassment.

Conduct is considered unwelcome when an individual does not invite or request it and considers the conduct to be offensive or undesirable.

Consent is when someone agrees, gives permission or says "yes" with both their body and words to sexual activity with other persons. Consent must be given while sober and clearly communicated. Consent should never be assumed. You should never assume by the way a person dresses, smiles, looks or acts that they want to have sex with you. A person's silence should not be considered consent. A person who does not respond to attempts to engage in sexual activity, even if they do not verbally say no or resist physically, is not clearly agreeing to sexual activity. 

Consent to some sexual acts does not mean consent to others, nor does past consent to a given act establish present or future consent. Even if someone has agreed to engage sexually, that person has the right to withdraw their consent at any time.

Consent cannot be given from someone who is asleep or otherwise mentally or physically incapacitated, whether due to alcohol, drugs, or some other condition. Engaging in sexual activity with a person whom you know, or reasonably should know, to be incapacitated is sexual assault.

Use of force, intimidation or coercion is a denial of a person's right to freely give his or her consent. Sex without consent is sexual assault.

The university's Title IX coordinator is responsible for ensuring the university complies and carries out its responsibilities under Title IX. All questions and inquiries concerning SNHU's policies for the prevention of sexual harassment and sexual violence under Title IX should be referred to SNHU's Title IX coordinator. 

The Title IX coordinator provides advice and oversight on policies, preventive educational programs, resources and services required under Title IX, and in addition, oversees all complaints of sexual misconduct, as well as identifies and addresses any patterns or systematic problems that arise during the review of complaints. 

A student or employee should contact the Title IX coordinator or deputy Title IX coordinator in order to: 

• Seek information or training about victim's rights 
• Seek information on procedures available to resolve reports or complaints that involve sex discrimination, including sexual misconduct 
• File a complaint or make a report of sex discrimination, including sexual misconduct 
• Notify the university of an incident or policy or procedures that may raise potential Title IX concerns 
• Seek guidance on possible informal remedies or administrative measures to alleviate a difficult situation 
• Get information about available resources (including confidential resources) 
• Get information about support services relating to sex discrimination, including sexual misconduct 
• Ask questions about the university's policies and procedures related to sex discrimination, including sexual misconduct 

Bystander intervention is the act of assisting someone in an emergency or non-emergency situation. The university encourages all community members to take reasonable and careful actions to prevent or stop an act of sexual misconduct. Taking action may include direct intervention where it is safe to do so, creating a distraction, calling law enforcement or seeking assistance from a person in authority. 

Retaliation against any individual who files a complaint or participates in a harassment inquiry is prohibited. Anyone who reports an actual or suspected incident of harassment, discrimination or violence based on sex, or who participates in an investigation, will not be subject to retaliation, by the university or others, including students. Prohibited retaliatory acts include threats, coercion, intimidation or discrimination. The university will take steps to prevent retaliation against individuals who file complaints or any individual who provides information regarding the complaint. 

If an individual believes they have been subjected to retaliation, they should contact the Title IX coordinator, deputy Title IX coordinator or the dean of students. Anyone found to be in violation of this retaliation provision will be subject to disciplinary action. 

The decision to report sexual misconduct, including sexual assault, harassment, relationship violence, stalking and any other type of discrimination based on sex, is yours. Please know that the university cares about you and has many resources to help you in the healing process. 

If you have a complaint involving sexual misconduct, or if you have any question about Southern New Hampshire University's polices or procedures regarding this area, please contact the Title IX coordinator or deputy Title IX coordinator below. In an emergency, please contact Public Safety at 603.645.9785, or 911. All complaints will be thoroughly reviewed and investigated in a manner that is prompt, fair and impartial. 

Kristin Scaduto
Title IX Coordinator/Equity Officer
2500 North River Road
Green Center, 118B
Manchester, NH 03106
603.644.3188
k.scaduto@snhu.edu

Kelly Lockwood
Deputy Title IX Coordinator
2500 North River Road
Green Center, 118E
Manchester, NH 03106
603.314.1419
k.lockwood@snhu.edu

In February 2022, SNHU administered the RSA 188 H Campus Climate Sexual Misconduct Survey to all campus and online students. This survey is required biennially for all institutions of higher education in the state of New Hampshire. All institutions administer the same survey, but SNHU did tweak the online survey to better reflect the experience of our online students. The survey can be downloaded for campus and online. The summary report can be downloaded for campus and online.

Survey responses were anonymous but aggregate data is required to be shared with the New Hampshire Department of Education. The NH DOE will post statutorily required data on their website. Any data beyond that is stored confidentially on a state secure server. SNHU has gathered a team of staff and faculty from across the institution to review survey results and make recommendations to improve the SNHU student experience in accordance with the survey results. For more information, please contact the Title IX Coordinator, Kristin Scaduto, at k.scaduto@snhu.edu.