Definitions and Examples of Title IX Violations

Education Program or Activity

  • An education program or activity includes any event or circumstance where the College exercises substantial control over both the respondent and the context.
  • Any building owned or controlled by a student organization that is officially recognized by the College is considered under the substantial control of the College.

Gender Discrimination

Gender Discrimination is defined as the following by Title IX:

  • Gender discrimination is defined as the following by Title IX:
  • Discrimination or harassment based upon one's gender (sex)
  • Unfair treatment, attitudes, or behaviors towards an individual based upon their gender (sex)
  • Gender identity discrimination as covered by Title VII
  • Sexism, sexist attitudes, and sex stereotyping
  • Unproportionate athletic programs or activities offered to all genders in relationship to the college's enrollment


  • gender-based bullying
  • derogatory or sexist remarks
  • gender discrimination in an activity, athletics, program, office, or classroom

Sexual Harassment

Sexual Harassment is defined as the following by Title IX:

  • Unwanted sexual behavior, advances, or requests for favors
  • Unwelcomed verbal, visual, or physical sexual conduct
  • Offensive, severe, and/or frequent remarks about a person's sex
  • Harassment of a sexual nature which interferes with an individual's right to an education and participation in a program or activity

In the new August 2020 regulations the definition of sexual harassment now includes three types of sex-based content:

  • Title IX covers quid pro quo harassment, when a college employee conditions access to educational benefits on unwelcome sexual conduct.
  • Sexual harassment includes unwelcome conduct that a reasonable would determine is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the College' education program or activity.
  • And the new definition includes four components from the Clery Act and VAWA: sexual assault, domestice violence, dating violence, and stalking.  These additions clarify that one severe incident (even if not pervasive) can qualify as Title IX sexual harassment if it falls within any of these definitions.


  • stalking or obscene phone calls, texts, emails, or gestures
  • sexually suggestive jokes, whistles, catcalls, or innuendos
  • inappropriate touching
  • intimidation

Sex Violence

Sex Violence is defined as the following by Title IX:

  • Sexual abuse or assault, battery, or coercion
  • Unwanted sexual contact that stops short of rape or completed rape
  • Use of force or manipulation of unwanted sexual activity
  • Physical acts where a person is incapable of giving consent or is against a person's will


  • sexual assault, battery, or coercion
  • attempted or completed rape
  • inappropriate touching
  • physical and/or aggressive sexual advances


Retaliation is defined as the following by Title IX:

  • A strike back in response to another's action or accusation
  • a form of revenge or reaction because of a filed complaint against a person
  • refusal to promote, advance, or accurately support/qualify a person due to a complaint filed


  • demotion or prohibiting advancement due to a filed complaint
  • firing, loss of benefits, or the like due to a filed complaint
  • unfair treatment or discrimination due to a filed complaint

Hostile Environment

Hostile Environment is defined as the following by Title IX:

  • A situation of discriminatory or sexual nature that has occurred and created a adverse setting
  • An intimidating or offensive environment that causes a person to be fearful
  • A setting that denies, limits, or interferes with a person's ability to participate in or benefit from a program, activity, or job


  • Bullying, abusive or intimidating comments and actions
  • Intimidating or offensive comments that alter the conditions of a person's work, classroom, team, or program environment
  • Continual offensive comments or surroundings of a discriminatory or sexual nature

These definitions cover conduct by employees against other employees-not just conduct directed at students.

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