“No person in the United States shall, on the basis of sex be excluded from participating in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.
—Title IX of the U.S. Education Amendments of 1972
1. What is Title IX?
Title IX of the U.S. Education Amendments of 1972 (“Title IX”) is a federal civil rights law that prohibits discrimination on the basis of sex in education programs and activities. ϱ (“WSU”) does not discriminate on the basis of sex in its education programs, activities, admissions, and employment. This includes, and is not limited to admissions, financial aid, academic advising, housing, athletics, recreational services, college residential life programs, health services, counseling and psychological services, Office of the Registrar, classroom assignments, grading, and discipline. Under Title IX, discrimination on the basis of sex can include sexual harassment which is conduct on the basis of sex that satisfies one or more of the following:
- A WSU employee conditioning the provision of an aid, benefit or service on an individual’s participation in unwelcome sexual conduct (i.e., quid pro quo); and/or
- Unwelcome conduct that a reasonable person would determine to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the university’s education program or activity; or
- Sexual assault characterized as, any sexual act directed against another, without their consent, including rape, fondling, dating violence, domestic violence, or stalking as set forth in the Violence Against Women Act (VAWA).
A person may report sex discrimination, including sexual harassment (whether or not the person reporting is the person alleged to be affected by conduct that could constitute sex discrimination or sexual harassment). Reports can be provided in person, by mail, by telephone, by email, using the contact information listed for the Title IX Coordinator, or by any other means, including the online reporting form, that results in the Title IX Coordinator receiving the person’s verbal or written report. Such a report may be made at any time (including during non-business hours) by using the telephone number, electronic mail address, or by mail to the office address listed for the Title IX Coordinator:
Dr. Courtney McHenry, Ph.D., CAAP, CDE, Associate Vice President
Mailing Address: 1845 Fairmount St. Wichita, KS 67260-0138
Location: Lindquist Hall 208
Phone: 316-978-5257
Email: courtney.mchenry@wichita.edu
Inquiries regarding the non-discrimination policies and laws should be directed to Dr. Courtney McHenry, Associate Vice President for the Office of Civil Rights, Title IX & ADA Compliance (CTAC), ϱ, Lindquist Hall, Suite 208, 1845 Fairmount St. Wichita, KS 67260-0211, 316-978-5257; ctac@wichita.edu
WSU Policies and Procedures 3.06/Sexual Harassment, Discrimination and Retaliation Policy for Employees, Students and Visitors provides information on WSU’s grievance procedures and grievance process, including how to report or file a formal complaint of sexual harassment, discrimination and retaliation.
Inquiries regarding Title IX and its application to WSU’s Policies and Procedures 3.06/Sexual Harassment, Discrimination and Retaliation Policy for Employees, Students and Visitors should contact WSU’s Title IX Coordinator at the contact information listed above, or the U.S. Department of Education Assistant Secretary. The Assistant Secretary may be contacted at, U.S. Department of Education, Office of Postsecondary Education, 400 Maryland Avenue, S.W., Washington, DC 20202, Main Telephone: 202-453-6914.
Read WSU Policy 3.062. University’s Position & Response
The University’s duty under Title IX to respond to reports of sexual harassment attaches when the Title IX Coordinator or any Official with Authority has actual knowledge of sexual harassment, or allegations thereof, when the sexual harassment occurred within a university program or activity and against a person in the United States.
Upon receipt of a complaint or notice to the Title IX Coordinator of an alleged violation of the policy, the University initiates a prompt initial assessment to determine the next steps the University needs to take.
Formal Grievance Process Outline
1. COMPLAINT SIGNED
- Complaint submitted, or notice provided, to the Title IX Coordinator of an alleged violation of policy.
2. INITIAL ASSESSMENT
- Determine if there’s an ongoing threat to the Complainant or campus.
- Determine jurisdiction.
- Offer supportive measures to Complainant.
3. NOTE TO RESPONDENT
- Notice provided to the Respondent about the allegations raised against the Respondent.
- Offer of supportive measures and discussion of the grievance process.
4. INVESTIGATION
- Complainant and Respondent interviewed, as well as any necessary witnesses.
- Evidence collected.
- Investigative Report Completed
5. REVIEW OF EVIDENCE
- Complainant and Respondent will review the Investigative Report and all evidence collected with the opportunity to respond.
6. LIVE HEARING
- Occurs in front of a three-person panel.
- Recorded.
- Complainant and Respondent must submit to cross-examination by advisors.
7. FINDING
- Hearing panel renders decision.
- Complainant and the Respondent will receive a Notice of Outcome.
8. APPEAL
- Complainant and/or the Respondent may appeal the decision by the hearing panel.
- Appeals must be submitted within 5 business days of the delivery of the Notice of Outcome.
3. Brief History
Title IX of the Education Amendments of 1972 provides protections for students and employees from discrimination, on the basis of sex, in educational programs and activities that receive federal financial assistance. It states, “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.”
In 2011, the Department of Education released the Dear Colleague Letter under President Obama’s administration. The Dear Colleague Letter provided guidance to establish a policy against sexual discrimination, to designate a Title IX Coordinator, and to publish grievance procedures.
In 2020, U.S. Secretary of Education, Betsy DeVos, released the Final Rule for Title IX regulations. The 2020 regulations included increased emphasis on due process rights for the Complainant and the Respondent, the requirement of a live hearing and cross-examination, and an expanded definition of sexual harassment.
In April 2024, the Biden Administration released the new Final Rule for Title IX regulations. Primary changes to the guidelines include the jurisdictional definition and the threshold to be met for a formal investigation. Under the 2020 regulations, the threshold was so severe and pervasive and objectively offensive. Now, under the 2024 regulations, the threshold has been changed to so severe or pervasive.
4. Single Occupancy Restrooms
Single-occupancy restrooms are facilities that can be used by all gender identities and expressions. These restrooms can benefit many different people including those assisting persons requiring an attendant, parents with differently gendered children, transgender and gender nonconforming persons. In particular, single-occupancy restrooms are a way to provide a safer space for trans and gender nonconforming students, faculty, staff, and community members of ϱ. Additionally, these restrooms may be handicap-accessible and equipped with baby changing stations.
Single-Occupancy Restroom Locations and Amenities
Building | Location | Handicap Accessible | Baby Changing Station |
---|---|---|---|
Ablah Library | A103 | Yes |
Equipped |
Corbin Hall | 208A | No |
Not Equipped |
Corbin Hall | 208C | No | Not Equipped |
Corbin Hall | 250A | Yes | Not Equipped |
Corbin Hall | 250B | Yes | Not Equipped |
Charles Koch Arena | Ground Level (Multiple locations) | No | Equipped |
Eck Stadium | Ground Level (Multiple locations) | Yes | Equipped |
Engineering Building | 1st Floor (Near main staircase) | Yes | Not Equipped |
Fiske Hall |
101 |
Yes |
Not Equipped |
Fiske Hall |
103 |
Yes |
Not equipped |
Fiske Hall |
201 |
Yes |
Not equipped |
Fisk Hall |
203 |
Yes |
Not Equipped |
Fiske Hall |
002 |
Yes |
Not Equipped |
Heskett Center |
Ground Level and Shower Accessible Ground Level (Near lower level staircase) |
Yes Yes |
Equipped Not Equipped |
Jabara Hall | 024 | Yes | Not Equipped |
Jabara Hall | 025 | Yes | Not Equipped |
Jabara Hall | 340 (Employees only) | Yes | Not Equipped |
Jabara Hall | 341 (Employees only) | Yes | Not Equipped |
John Bardo Center | 160 | Yes | Not Equipped |
John Bardo Center | 161 | Yes | Not Equipped |
Marcus Welcome Center | 2nd Floor (Employees only) | Yes | Not Equipped |
Morrison Hall | 1st Floor | Yes | Not Equipped |
Rhatigan Student Center |
1st Floor (North-end) 2nd Floor (North-end) 3rd Floor (South-end) Lower Level |
Yes Yes Yes Yes |
Equipped Equipped Equipped Not Equipped |
Shocker Hall | Ground Level (North of Groundhouse) | Yes | Not Equipped |
Wilner Auditorium | Dressing Room Area | Yes | Not Equipped |
WSU Downtown (Physical Therapy) | 3rd Floor (Room 332 and 333) | N/A | Not Equipped |
WSU Old Town | 1st Floor | N/A | Not Equipped |