Definitions

What Is Title IX?

Title IX is part of the Educational Amendments of 1972. It protects people from sex-based discrimination at colleges and universities that receive federal funding. From the official law: 

TITLE IX - 20 U.S.C. § 1681 & C.F.R. Part 106 (1972): “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 educational program or activity receiving federal financial assistance.”

Defining Title IX Terms

This page provides a brief overview of the following terms associated with Title IX: 

• Dating Violence and Domestic Violence
• Discrimination
• Harassment
• Prohibited Consensual Relationships
• Retaliation
• Sexual Misconduct
  • Affirmative Consent
  • Incapacitation
• Sexual Exploitation
• Sexual Harassment
• Stalking

Refer to the CSU Nondiscrimination policy for full definitions.

View Policy

Dating Violence and Domestic Violence

Dating Violence is physical violence (or threat of) committed by someone who is or has been in a social relationship of a romantic or intimate nature with the affected person. 

Domestic Violence is physical violence (or threat of) committed by a current or former spouse or intimate partner of the affected person; this also includes acts against a minor. 

Discrimination

Discrimination causes harm to someone based on their actual or perceived protected status within CSU’s educational programs, activities, or employment that leads to denial or limitation of services, benefits or opportunities.

Harassment

Harassment is unwelcome behavior based on someone’s protected status. Examples include derogatory comments, physical interference, drawings or gestures. 

Harassment happens when these actions affect someone’s job, academic status or access to benefits. It can also occur if actions create a hostile work or learning environment. Single, isolated incidents do not typically rise to the level of Harassment. 

Prohibited Consensual Relationships

Prohibited Consensual Relationships involve consensual sexual or romantic relationships between an employee and a student or another employee they supervise, mentor, or counsel. 

Retaliation

Retaliation is when someone uses threats, pressure and unfair treatment to interfere with another person’s rights under the Nondiscrimination Policy. An example would be if this conduct deterred someone from making a report.  

Sexual Misconduct

Sexual Misconduct refers to engaging in any sexual activity without obtaining affirmative consent first. This applies whether or not the conduct violates any civil or criminal law. 

• Affirmative Consent means both people agree to engage in sexual activity. This agreement must be informed, conscious, voluntary and mutual. It must be given freely and without coercion, force, threats or by taking advantage of another person’s incapacitation. 
• Incapacitation means a person can’t make informed, rational decisions about sex. This can be due to mental or physical limitations. Examples include being intoxicated, asleep or unconscious.

Sexual Exploitation

Sexual Exploitation occurs when one person uses another sexually for their own benefit without consent. This could include trafficking or distribution of intimate images or video.

Sexual Harassment

Sexual Harassment means unwelcome verbal, nonverbal, or physical conduct of a sexual nature. There are two types of Sexual Harassment: 

• Quid pro quo (Latin for “this for that”): occurs when someone in a position of power offers preferential treatment in exchange for sexual favors
• Hostile environment harassment is severe and on-going. It can limit or stop someone from working, learning, or taking part in CSU programs

Stalking

Stalking is when someone repeatedly follows or bothers another person. This behavior can cause someone to feel distressed or fear for their safety.