In broad terms, Title IX is a federal law that bans sex- and gender-based discrimination—including sexual harassment—in educational organizations that receive money from the federal government.
Below are some frequently asked questions—and answers—about Title IX and what it means at CalArts.
What is Title IX?
Title IX, Education Amendments of 1972, Section 1681(a), is a comprehensive federal law that prohibits discrimination on the basis of sex in any federally funded education program or activity. Title IX prohibits gender discrimination, including sexual harassment and sexual violence.
To whom does Title IX apply?
Title IX protects and holds accountable faculty, staff, and students of all genders. Department of Education regulations issued in 2020 require specific sexual misconduct grievance procedures for both employees and students.
Does CalArts have to comply with the 2020 Title IX regulations even though we are a private institution?
Yes, as a recipient of federal funding, CalArts is required to comply with the federal regulations. If a court ruling or federal proceeding results in the rules being enjoined or otherwise changed, CalArts will amend its policies and procedures as appropriate and allowable.
What if a behavior reported does not meet the definition or requirements of the Title IX regulations as they were revised in 2020?
CalArts will continue to address all complaints of sexual misconduct and will assess formal complaints to determine if CalArts policies and/or federal regulations apply. If you make a formal complaint, an assessment of the complaint will determine which policies may apply and, if an investigation is initiated, what procedures will be used.
What are the options for addressing a report of prohibited conduct?
Support for the complainant is available regardless of whether the person chooses to report full details, such as the name of the respondent, or to file a formal complaint with the Institute.
Additionally, an internal grievance process known as voluntary informal resolution may be available to resolve reported conduct. The voluntary process is not appropriate in all cases; it’s a remedies-based approach that requires participation by both parties. It does not involve an investigation and may not involve taking disciplinary action against a respondent. The process is intended to end the behavior at issue, prevent recurrence, and remedy effects.
Separately, the formal complaint and investigation approach follows a prescribed process and concludes with a formal finding, outcome, and opportunity for appeals. In nearly all cases, discipline and sanctions can occur only after a formal investigation is complete.
What is CalArts’ responsibility under Title IX?
The Institute has the responsibility to prevent sex- and gender-based discrimination and to ensure that no person is denied access to any educational program or activity on the basis of sex or gender. Discrimination based on sex includes sexual harassment, sexual violence (sexual assault, dating violence, domestic violence, stalking) and sexual harassment. The Title IX office at CalArts provides assistance in resolving and investigating complaints of sex- and gender-based discrimination. Upon request, the Title IX office can provide supportive measures with or without a formal process.
Why are there three policies that address sex discrimination, sexual harassment, and sexual misconduct?
These policies outline resources, reporting, resolution options, investigation processes, education, and prevention for sexual misconduct offenses. Sexual misconduct is a broad category that includes sexual harassment, sexual violence, dating violence, stalking, and sexual exploitation.
The 2020 Department of Education federal regulations, effective Aug.14, 2020, define sexual harassment and other sexual misconduct more narrowly than CalArts policy does and require specific procedures for investigating and adjudicating allegations that meet federal definitions and criteria. Offenses that fall under these federal standards will be addressed under the CalArts Title IX Sexual Harassment Policy.
CalArts will continue to address all complaints of sexual misconduct and will assess formal complaints to determine if CalArts institutional policies on sexual misconduct, discrimination, harassment, or student conduct are applicable.
Who can report sexual harassment, and when can they report it?
Any person may report sexual harassment either directly to the Title IX coordinator or to the Deputy Title IX coordinator, or to any other employee who is responsible for forwarding the information to the Title IX coordinator. Reports can be made at any time, including during non-business hours, and can be sent to the Title IX coordinator in person, by mail, or by email. Any person with knowledge of sexual misconduct may report it to the Title IX coordinator.
