Title IX

"No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance."

--Legal citation: Title IX of the Education Amendments of 1972, and its implementing regulation at 34 C.F.R. Part 106 (Title IX)

Raising awareness at DSU

History of Title IX

White House PSA - "1 is 2 Many"

Non-Stranger Rapes

Enhancement of DSU's compliance program

Dakota State University has a well-established commitment to maintaining a campus environment free from discrimination and harassment, as articulated in federal and state law and South Dakota Board of Regents policies.  Compliance is very important; it also is a legal requirement.

A primary component of the University's ongoing commitment is mandatory training on Title IX and Equal Opportunity compliance.  Online training began in October 2014 and continues for all faculty, staff and students.  The training includes instructions on responding to and reporting concerns, information on bystander intervention and ways to maintain a respectful working and learning environment that students, employees and constituents expect from this University. 

Dakota State University also offers multiple forms of face-to-face training on Title IX issues annually, and through the entire year.  Examples include new hire orientation, new and returning student orientation, GS100 classes, Residential Hall programming and Athletic meetings.

These trainings, along with brochures, posters, newsletters, health fairs and other marketing efforts are designed to raise awareness of the issues surrounding Title IX rights and responsibilities, and to provide a context for appropriate actions.  We appreciate your attention to this important matter.

Title IX prohibits any person from being:

Excluded from participation in, denied the benefits of, or subjected to discrimination, harassment, stalking with respect to any educational program or activity on the basis of sex/gender.

While it is often thought of as a law that applies to athletic programs, Title IX is much broader than athletics and applies to many programs at Dakota State University. It is a federal civil rights law that prohibits discrimination in education programs and activities such as:

  • Admissions 
  • Housing and facilities 
  • Courses and other educational activities 
  • Career guidance and counseling activities 
  • Financial Aid 
  • Health and insurance benefits 
  • Scholastic, intercollegiate, club or intramural athletics 
  • Off-campus experiences/activities 
  • Internships

Title IX covers:

  • Students 
  • Faculty
  • Staff 
  • Members of the public that visit campus
  • Potential or future employees

How to report concerns

Title IX requires Dakota State University to maintain a safe campus community free of discrimination and harassment on the basis of sex or gender.

To report concerns you may:

Title IX & Equal Opportunity Confidentiality Disclosure

We encourage all campus community members and visitors to bring forth concerns.  Please note that DSU has a legal and civil obligation to take action to address and remedy issues that are reported. The Title IX/EEO Coordinator and Deputy Coordinators will take all reasonable measures to protect your identity when addressing issues, however, there may be situations in which this is not possible.  All matters are reviewed in a highly sensitive manner.

Campus Safety Authorities/Title IX Investigators and Deputies

Campus Safety Authorities/Title IX Investigators and Deputies

The Title IX/EEO Coordinator and Deputy Coordinators are knowledgeable about, and will provide information on, all options for complaint resolution. They also work closely with the Risk Management Committee, Behavioral / Threat Assessment Team, and the Sexual Assault Response Team.

Together, the coordinators play an integral role in carrying out the University's commitment to provide a positive learning, teaching and working environment for the entire community.

Title IX requires the University to take immediate action to eliminate the harassment or discrimination, prevent its recurrence, and address its effects. Universities are required to adopt and publish grievance procedures for students who complain of sex or gender discrimination.

If someone tells you or you overhear information that may pertain to Title IX/EEO, contact the Title IX/EEO Coordinator immediately. Title IX/EEO investigations are separate from a law enforcement investigation, even when a police report is filed. The University is required to conduct an independent investigation that is prompt, thorough and impartial.

SDBOR Policies

Resources

On-Campus Resources

Angi, Kappenman, Director of Human Resources & Title IX Coordinator
Phone: 605-256-5134
Email: angi.kappenman@dsu.edu
Location: Heston Hall, 2nd Floor

DSU Student Success Center Counseling Services
Phone: 605-256-5121
Email: success.center@dsu.edu

Campus Safety
Heath Abraham, DSU Security Officer
Phone: 605-270-0055
After-hours: 605-480-3348

Community Resources

Madison Police Department
Emergency: 911
Non-emergency: 605-256-7531

Madison Regional Health
323 10th St SW
Madison, SD
Phone: 605-256-6551
Email: info@madisonhospital.com

Counseling Associates
Website: www.counselingassociatesmadison.com

Community Counseling Services
914 NE 3rd Street
Madison, SD
Phone: 605-256-9656
Emergency On-Call: 605-352-8597

Madison Area Help Line
Phone: 211
Website: helplinecenter.org

Domestic Violence Network
Crisis Hotline: 605-480-2721
Website:  http://www.domesticviolencenetwork.com/
Location: Madison, SD

Possible interim measures:

The University will offer reasonable and appropriate measures to protect the parties involved in a Title IX report and facilitate their continued access to University employment or education programs and activities.  These measures may be both remedial (designed to address the safety, well-being and continued access to educational opportunities) or protective. 

Remedial and protective measures, which may be temporary or permanent, may include:

  • no-contact directives
  • residence modifications
  • academic modifications and support
  • work schedule modifications
  • interim disciplinary suspension
  • suspension from employment
  • pre-disciplinary leave (with or without pay)

Remedial measures are available regardless of whether a complaint or investigation is pursued under this policy.  The University will maintain the privacy of any remedial and protective measures provided under this policy to the extent practicable and will promptly address any violation of the protective measures. The Title IX Coordinator has the discretion to impose and/or modify any interim measure based on all available information, and is available to meet with a Complainant or Respondent to address any concerns about the provision of interim measures.

The University will provide reasonable remedial and protective measures to Third Parties as appropriate and available, taking into account the role of the Third Party and the nature of any contractual relationship with the University.    

Should an investigation result in the finding of a preponderance of evidence (that it is more likely than not that a violation occurred), following is a list of possible sanctions that could be invoked:

  • Warning – A conduct notice in writing to the Respondent that the Respondent is violating or has violated institutional regulations;
  • Probation – Probation is for a designated period of time and includes the probability of more severe conduct sanctions if the Respondent is found to be violating any institutional regulation(s) during the probationary period;
  • Loss of Privileges – Denial of specified privileges for a designated period of time;
  • Fines – Previously established and published fines may be imposed;
  • Restitution – Compensation for loss, damage, or injury.  This may take the form of appropriate service or monetary or material replacement;
  • Education Sanction – work assignments, service to the institution or other related discretionary assignments;
  • Residence Suspension – Separation of the student from residence facilities for a definite period of time, after which the student is eligible to return.  Conditions for readmission may be specified;
  • Residence Expulsion – Permanent separation of the student from residence facilities;
  • Suspension – Separation of the student from the institution for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified.  A student who has been suspended from one Board institution may not be enrolled at another;
  • Expulsion – Mandatory separation of the student from the institution for a period of no less than six years.  A student who has been expelled from one Board institution may not be enrolled at another until the period of expulsion has expired;
  • The privileges of continued participation in institutional activities, access to institutional facilities or residences may be conditioned upon participation in or completion of counseling, substance abuse, or comparable programs, at the student’s expense. (Adapted from the University of Virginia)

Rights of the Respondent:

  • The right to investigation and appropriate resolution of all credible complaints of sexual misconduct made in good faith to university administrators against the accused student;
  • The right to be treated with respect by university officials;
  • The right to be informed of and have access to campus resources for medical, counseling, and advisory services;
  • The right to be fully informed of the nature, rules and procedures of the campus conduct process and to timely written notice of all alleged violations within the complaint, including the nature of the violation and possible sanctions;
  • The right to a hearing on the complaint, including timely notice of the hearing date, and adequate time for preparation;
  • The right not to have irrelevant prior sexual history admitted as evidence in a campus hearing;
  • The right to make an impact statement at the campus conduct proceeding and to have that statement considered by the board in determining its sanction;
  • The right to appeal the [finding and] sanction of the conduct body, in accordance with the standards for appeal established by the institution;
  • The right to have complaints heard by conduct and appeals officers who have received annual sexual misconduct adjudication training;
  • The right to have university policies and procedures followed without material deviation;
  • The right to have an advisor or advocate accompanying and assisting in the campus hearing process. This advisor can be anyone, [optional: including an attorney (provided at the accused student’s own cost)], but the advisor may not take part directly in the hearing itself, though they may communicate with the accused student as necessary;
  • The right to written notice of the outcome and sanction of the hearing;
  • The right to a conduct panel comprised of representatives of both genders. (Adapted from ATIXA)

Other Resources

Know Your IX: Empowering Students to Stop Sexual Violence

http://onestudent.org/

TITLE IX Reporting Procedures – for Harassment, Discrimination, Sexual Assault, Dating/Domestic Violence, Stalking, Bullying or Cyberbullying

Title IX Book List

Other Title IX Resources

http://www.justice.gov/crt/about/edu/documents/titleix.php

http://www2.ed.gov/about/offices/list/ocr/docs/tix_dis.html

Office for Civil Rights: Know Your Rights

Nine Fast Facts About Sexual Assault and Title IX

April 2011 "Dear Colleague Letter" on the intersection of Sexual Harassment and Sexual Violence

October 2010 "Dear Colleague Letter" on Harassment and Bullying

U.S. Department of Education's Office for Civil Rights: Information on Title IX

Sexual Harassment: It's Not Academic

2001 Revised OCR Sexual Harassment Guide

Myths about sexual assault

  • It won’t happen here at DSU.
  • It only happens to women.
  • Victims do not know their perpetrators.
  • Alcohol is always involved.
  • Rape always results in bruises, cuts, scrapes, and physical injury.
  • Sexual assault only affects students on campuses.
  • Sexual assault only involves athletes.
  • If a rape occurs, anyone would report it right away.

To report an emergency, please contact the following: