Sex Discrimination and Sex-Based Harassment
Policy & Procedures
Download the Sex Discrimination and Sex-Based Harassment Policy (PDF)
Introduction
Title IX
Title IX of the Educational Amendments of 1972 prohibits any person in the United States from being discriminated against on the basis of sex in seeking access to any educational program or activity receiving federal financial assistance. The U.S. Department of Education, which enforces Title IX, has long defined the meaning of Title IX’s prohibition on sex discrimination broadly to include various forms of sexual harassment and sexual violence that interfere with a student’s ability to equally access educational programs and opportunities.
U.S. Department of Education Final Rule under Title IX
On May 19, 2020, the U.S. Department of Education issued a Final Rule under Title IX of the Education Amendments of 1972 that:
- Defines the meaning of “sexual harassment” (including forms of sex-based violence),
- Addresses how an institution must respond to reports of misconduct falling within that definition of sexual harassment, and
- Mandates a grievance process that an institution must follow to comply with the law in these specific covered cases before issuing a disciplinary sanction against a person accused of sexual harassment.
See, 85 Fed. Reg. 30026 (May 19, 2020). The full text of the Final Rule and its extensive Preamble are available here: http://bit.ly/TitleIXReg
Haverford College (“the College”) remains committed to addressing any violations of its policies, even those not meeting the narrow standards defined under the new Title IX Final Rule, and retains authority to investigate and adjudicate allegations under the policies and procedures defined within this the Haverford College Sexual Misconduct Policy.
Bi-College Policy Development
Bryn Mawr and Haverford Colleges (“the Colleges”) have a long-standing collaborative relationship which offers students comprehensive access to academics, student organizations, residence hall and dining facilities and social activities on both campuses. A free “Blue Bus” shuttle service makes regular stops at each campus every 30 minutes, providing easy and frequent access to all community members. Some academic programs and departments are provided only on one campus or structured to share resources between the two institutions. In 2016, the Colleges codified the Bi-College (“Bi-Co”) relationship with a Memorandum of Understanding to provide a formalized framework for ongoing collaboration. Due to the complexity of the Title IX requirements, specific language in the Final Rule, and the sometimes overlapping nature of the Colleges’ Education Program and Activities, Bryn Mawr and Haverford Colleges will implement Sexual Misconduct Policies which are substantially the same, effective August 14, 2020. The Colleges will jointly administer the procedures set forth in the Resolution Process of these Policies, as mutually agreed by the Colleges, if a Complainant is a student or employee of one College and the Respondent is a student or employee of the other College, if the Complainant is a student or employee of one College and the location of the alleged Sexual Misconduct is the other College, or if other facts and circumstances set forth in a Formal Complaint or in the investigation of such Formal Complaint suggest the need for joint administration of the Resolution Process.
Sex Discrimination and Sex-Based Harassment Policy
Haverford College has adopted this Sex Discrimination and Sex-Based Harassment Policy in order to advance its goal of maintaining an environment free of Sex Discrimination, including Sex-Based Harassment, as well as related Retaliation. Haverford encourages individuals who have been affected by Sex Discrimination and/or Retaliation to promptly make a Report using any of the reporting options described in this Policy. Haverford will respond promptly and equitably to all Reports of Sex Discrimination and/or Retaliation, and will take appropriate steps to eliminate the behavior, prevent its recurrence, and address its effects.
Scope
The behavioral expectations of this Policy apply to all Haverford Students, employees (including faculty and staff), members of the Board of Managers, officers, applicants for admission or employment, volunteers, independent contractors, and other individuals participating or attempting to participate in Haverford’s Education Program or Activity. The behavioral expectations of this Policy apply to any alleged Prohibited Conduct that impacts the Haverford community and/or Haverford’s Education Program or Activity wherever it occurs, including on campus, off campus, and online.
The resolution processes of this Policy apply to all matters in which the Respondent is an employee or Student of the College. Non-members of the campus community who engage in discriminatory actions within College Programs or Activities or on College property are not subject to the resolution process of this Policy but can be subject to actions that limit their access and/or involvement with College Programs or Activities as the result of their misconduct.
Haverford and Bryn Mawr College (“Bryn Mawr”) have a long-standing collaborative relationship which offers students comprehensive access to academics, student organizations, residence hall and dining facilities and social activities on both campuses. Some academic programs and departments are provided only on one campus or structured to share resources between the two institutions. Due to the sometimes overlapping nature of Haverford and Bryn Mawr’s Education Programs and Activities, Bryn Mawr and Haverford will implement Sexual Discrimination and Sex-Based Harassment Policies which are substantially the same, effective August 1, 2024, and will jointly administer the Alternative Resolution Process or Grievance Procedures, as applicable, as mutually agreed by each institution, if a Complainant is a Student or employee of one institution and the Respondent is a Student or employee of the other; if the Complainant is a Student or employee of one institution and the location of the alleged Prohibited Conduct is the other; or if other facts and circumstances set forth in a Complaint, or which are identified through investigation, suggest the need for joint administration of the resolution processes.
Effective Date
This Policy became effective on August 1, 2024. Haverford has revised its policies pertaining to Sex Discrimination on several occasions. When a Complaint of past Sex Discrimination is made, the College will typically apply the Sex Discrimination policy in place at the time of the alleged Prohibited Conduct and the procedures which are in place at the time the Complaint is made. Final decisions regarding which policy and procedures will apply in any specific case are made by the Title IX Coordinator in their discretion and in accordance with applicable law and/or regulation and are not appealable.