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Covered conduct

Title IX prohibits discrimination based on sex in educational programs and activities funded by the federal government. This means colleges and universities, but also includes K-12 educational institutions as well.

 

Title IX protects individuals engaging in, or attempting to engage in, the University’s education program or activities.  As defined by the Title IX regulations of 2020, “education program or activity includes locations, events, or circumstances over which the recipient (the University) exercised substantial control over both the respondent and the context in which the sexual harassment occurs, and also includes any building owned or controlled by a student organization that is officially recognized by a postsecondary institution.”  It is important to know that the Title IX regulations of 2020 only cover behavior occurring within the United States, and not outside the US.

 

The Title IX regulations of 2020 define covered sexual harassment as:

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

(1) An employee of the recipient conditioning the provision of an aid, benefit, or service of the recipient 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; or2015

(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).”  These definitions can also be found in the BU Code of Student Conduct.

(language above adapted from the Title IX Final rule)

 

Additional conduct may be covered by either the Violence Against Women Act, or NYS-129B (Enough is Enough) law.  THis may include other kinds of sexual harassment from spoken words or pictures to violent actions and everything in between, whether they occur on campus or off. The University's consideration of these matters occurs without regard to, belief of, perception of, or actual sexual orientation, gender, gender identity or expression.

Many of these behaviors are clearly defined in the Code of Student Conduct (see pages 6-8) and include:
Stalking
Sexual harassment
Rape
Sexual assault
Sexual violence
Dating violence
Domestic violence

Understanding Affirmative Consent is critical to understanding what is prohibited.  HERE is the quick version.  The full version is found in the Code

 

Andrew R. Baker
Title IX Coordinator
Risk Management and Administrative Compliance
Binghamton University
P.O. Box 6000
Binghamton, NY 13902
607-777-2486
abaker@binghamton.edu
Couper Administration Building room 217

Last Updated: 3/15/21