
Title IX
Title IX Coordinator - Calleb Mosburg
Office Location - NWOSU Alva Campus- Ryerson Hall Room 113
E-Mail Address - cnmosburg@nwosu.edu
Telephone Number - 580.327.8415
Electronic Report - www.nwosu.edu/forms/sexual-assault-anonymous-reporting-form
Title IX
The Civil Rights & Title IX Process is distinct from any criminal investigation and flows from the university's obligation under Title IX and other equity laws to ensure it is providing a safe and nondiscriminatory environment. University action will not be precluded on the grounds that civil or criminal charges involving the same incident have or have not been filed or that charges have been dismissed or reduced. If a complainant wishes to pursue criminal processes only and wants to waive any University response to the situation, they should make that request to the Title IX Coordinator, and such requests will usually be respected unless the university must act independently to preserve the safety of the NWOSU campus community from a threat or future violation of policy.
NWOSU prohibits sexual misconduct in any form. Sexual misconduct can occur between persons of the same or different sex/gender. Sexual misconduct is a broad term encompassing any unwelcome behavior of a sexual nature that is committed without consent or by force, intimidations, coercion, or manipulation.
NWOSU must respond when sexual harassment occurs in the school's education program or activity, against a person in the United States. Education programs or activities on-campus and off-campus locations, events, or circumstances over which NWOSU exercised substantial control over both the respondent and the context in which the sexual harassment occurred, and also includes any building owned or controlled by a student organization that is officially recognized by NWOSU.
NWOSU may address sexual harassment affecting its students or employees that falls outside Title IX jurisdiction in any manner the school chooses, including providing supportive measures or pursuing discipline.
PROHIBITED CONDUCT UNDER TITLE IX
Term |
Definition |
Coercion |
The use of pressure to compel another individual to initiate or continue sexual activity against an individual's will. Coercion can include psychological or emotional pressure, physical or emotional threats, intimidation, manipulation, or blackmail that causes the person to engage in unwelcome sexual activity. |
Dating Violence |
Dating violence is committed by a person who is or has been in a social relationship of a romantic or intimate nature with another person. The existence of such a relationship shall be determined based on consideration of the following factors:
|
Domestic Violence |
Domestic violence is felony or misdemeanor crime of violence committed by a:
|
Force |
Use of violence or intimidation to overcome an individual's free will to choose whether to participate in an activity. |
Intimidation |
Unlawfully placing another person in reasonable fear or bodily harm through the use of threatening words and/or other conduct. |
Sex Discrimination |
Individual treated less favorably on the basis of that person's sex, which may also include on the basis of sexual orientation, gender identity or expression, pregnancy or pregnancy-related condition, or a sex stereotype. Sexual Harassment is a form of sex discrimination. |
Sexual Assaut |
Any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.
|
Sexual Exploitation |
Conduct where an individual takes non-consensual or abusive sexual advantage of another for their own benefit, or to benefit anyone other than the one being exploited. Examples include, but are not limited to, engaging in voyeurism; forwarding of pornographic or other sexually inappropriate material by e-mail, text, or other channels to non-consenting students/groups; the intentional removal of a condom or other contraceptive barrier during sexual activity without the consent of a sexual partner; and any activity that goes beyond the boundaries of consent, such as recording of sexual activity, letting others watch consensual sex, or knowingly transmitting a sexually transmitted disease to another. |
Sexual Harassment |
Conduct on the basis of sex that satisfies one or more of the following"
|
Stalking |
Individual who engages in the course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others or suffer substantial emotional distress.
|
Retaliation |
Any adverse action (including, but not limited to, intimidation, threats, coercion, harassment, or discrimination) taken against some because the individual made a report or filed a formal complaint; or against someone who has supported or provided information in connection with a report or formal complaint; or against someone who has participated or refused to participate in any investigation or hearing under this policy; or against someone who has engaged in other legally protected activities. |
Supportive Measures
Reporting Options
Title IX Definitions
TITLE IX DEFINITIONS |
|
Term |
Definition |
Actual Knowledge |
Notice of sexual harassment or allegations of sexual harassment toNWOSU's Title IX Coordinator |
Complainant |
The individual who is alleged to be the victim of any prohibited conduct under this policy. |
Consent |
Effective consent is informed, freely and actively given, using mutually understandable words or actions that indicate a willingness to participate in mutually agreed upon sexual activity. Initiators of sexual activity are responsible for obtaining effective consent. Silence or passivity is not effective consent. The use of intimidation, coercion, threats, force, or violence negates any consent obtained. Consent is not effective if obtained from an individual who is incapable of giving consent due to lack of consciousness, age, mental disability, or incapacitation due to the use of drugs or alcohol. |
Formal Complaint |
A document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting NWOSU to investigate the allegation of sexual harassment. |
Incapacitation |
Occurs when an individual is incapable, whether temporarily or permanently, of appraising or controlling their conduct due to the influence of drugs or alcohol, unconsciousness, being asleep, or for any other reason that makes the individual physically or verbally unable to communicate willingness to act. |
Preponderance of Evidence |
Under this standard, the burden of proof is met when the party with the burden convinces the Decision Maker there is a greater than 50% chance that the allegation is true. |
Responsible Employee |
NWOSU employee who has the duty to report information related to incidents reasonably believed to be violations of this policy to the Title IX Coordinator. |
Respondent |
An individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment. |
Supportive Measures |
Non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed. |
Title IX Coordinator |
NWOSU's Title IX Coordinator is available to advise any individual, including a complainant, respondent, or a third party, about the courses of action available at NWOSU, both informally and formally. Title IX Coordinator is responsible for the oversight of the investigation and resolution of all reports of gender-based discrimination, sexual harassment, sexual violence, stalking, and domestic and dating violence involving students and employees. The Title IX Coordinator is responsible for monitoring compliance with all procedural requirements, record-keeping, and timeframes outlined in this policy, as well as overseeing training, prevention, and education efforts. |
Title IX Handbook
NWOSU Title IX Handbook- /uploads//student-services/counseling/ruso-title-ix-policy-november-2020-final.pdf
NWOSU Title IX Informational Video- https://online.fliphtml5.com/qhtlj/dgtd/
Title IX Training
Title IX Prevention Training- https://interwork.sdsu.edu/echeckup/svp/campus/nwosu
Title IX Coordinator, Decision Maker & Investigator Trainings
September 2020
Title IX Training by Cozen O’Connor- /uploads//student-services/counseling/title-ix-seminar-9-18-20-002.pdf
July 2020
Definitions-/uploads//student-services/counseling/webinar-1.pptx
Policy-/uploads//student-services/counseling/webinar-2.pptx
Investigation Process- /uploads//student-services/counseling/webinar-3-final.pptx
Training Requirements- /uploads//student services/counseling/webinar-4-final.ppt