Juniata Collegeis committed to a policy of equal opportunity for all persons, without regard to race, sex, age, religion, national or ethnic origin, color, disability, veteran status or family status.
"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 education program or activity receiving Federal financial assistance."
.Legal Citation: Title IX of the Education Amendments of 1972, and its implementing regulation at 34 C.F.R. Part 106 (Title IX)
Schools receiving Federal financial assistance must designate at least one professional employee as the Title IX Coordinator to oversee compliance efforts and investigate any complaint of sex discrimination. The Title IX Coordinator is responsible for monitoring the overall implementation of Title IX policies for the College and coordinating compliance with Title IX regulations. Administering procedures to provide prompt and equitable resolution of complaints is a critical function of the Title IX Coordinator. The Coordinator can assist those alleging sexual harassment or discrimination in filing grievance(s) and/or the step-by-step procedure to ensure appropriate time frames are met. The Title IX Coordinator at Juniata is Gail Ulrich, Director of Human Resources, 1923 Moore Street.
Students may also work directly with college personnel who directly handle sexual harassment and discrimination cases (Dean of Students, College Counseling Center, Office of Diversity & Inclusion or Public Safety).
Title IX governs the overall equity of treatment and opportunity in athletics while giving schools the flexibility to choose sports based on student body interest, geographic influence, budget restraints, and gender ratio. [In other words, it is not a matter of women being able to participate in football or that exactly the same amount of money is spent per women's and men's basketball player. Instead, the focus is on the necessity for women to have equal opportunities as men on a whole, not on an individual basis.]
In regard to intercollegiate athletics, there are three primary areas that determine if an institution is in compliance:
Substantial Proportionality– satisfied when participation opportunities for men and women are “substantially proportionate” to the institution’s undergraduate enrollment.
History and Continuing Practice– satisfied when an institution has a history and continuing practice of program expansion that is responsive to the developing interests and abilities of the underrepresented sex.
Effectively Accommodating Interests and Abilities– satisfied when an institution is meeting the interest and abilities of its underrepresented sex.
Appraisal of compliance is on a program-wide basis, not on a sport-by-sport basis.
Any student-athlete who believes he or she has been the victim of unlawful sex discrimination should submit a completed grievance form to the Title IX coordinator.
Scope and Application:This appeal/grievance process applies to any student who believes he or she has been a victim of unlawful sex discrimination. The College commits that no retaliation will occur at any stage of this process.
Initial Time Period for Filing an Appeal/Grievance:A student, alleging unlawful sex discrimination and wishing to file an appeal/grievance hereunder, must initiate the procedure described below within thirty (30) calendar days of when the student knew or should have known of the action of which the student complains or is otherwise aggrieved by.
(A) The student or, any person(s) acting on behalf of the student, may file an appeal/grievance with the Title IX Coordinator. The Title IX Coordinator will discuss the student's complaint and attempt to resolve or adjust the dispute on an informal basis. The student may present any facts or circumstances he/she deems relevant to the complaint/dispute. The Title IX Coordinator may investigate the matter and gather any relevant facts and circumstances, including conducting interviews. The Title IX Coordinator shall render a determination within twenty (20) calendar days after being assigned to handle the student's appeal/grievance. Within seven (7) calendar days from the date of the determination by the Title IX Coordinator that the complaint/dispute could not be resolved, the student (or the person acting on his/her behalf) must submit a written request for a further review by the Dean of Students and must document the student's attempt to first resolve the appeal/grievance with the Title IX Coordinator. The written request must explain the nature of the student's complaint/dispute and/or the accommodation/adjustment sought.
(B) The Dean of Students shall review all matters relating to the complaint/dispute as presented to the Title IX Coordinator and may solicit additional facts and evidence as the Dean may deem necessary. The student may present any further facts or evidence he/she deems relevant. The Dean of Students shall complete the review and render a decision within twenty (20) calendar days after the appeal/grievance is submitted to the Dean of Students. If, after the Dean of Students has had an opportunity to render his/her decision, the student remains unsatisfied with the resolution of the appeal/grievance, the student, or person(s) acting on behalf of the student, may submit an appeal/grievance in writing, within seven (7) calendar days from the date of the decision by the Dean of Students, to the Provost. If no written request is submitted within the seven-day period, the decision of the Dean of Students shall be final.
(C) Upon the submission of the student's written request for a review of his or her appeal/grievance, the Provost will consider all facts and circumstances, including the investigatory file as developed by Academic Support Services and any medical evidence presented. The Provost may also interview the student or such other witnesses as may be necessary. If, upon such inquiry, the Provost determines that a proper review of the matter was conducted, the decision of the Dean of Students shall be confirmed. The Provost may also amend, alter or revise the decision and, therefore, the Provost is responsible for the final decision. The Provost will render a decision within thirty (30) calendar days after the appeal/grievance has been submitted to the Provost as described above.
DISSEMINATION OF POLICY AND EVALUATION
This policy shall be made available to all students, parents/guardians of dependent students, staff members, and organizations. The Department of Athletics shall review this policy and the institution’s compliance with Title IX objectives on an on-going basis. It is the primary responsibility of the Title IX Coordinator to ensure the effective installation, maintenance, processing, record keeping, and notifications required by the grievance procedures. The Title IX Coordinator shall keep all grievance forms on file for a minimum of five years.
*** No person shall be subjected to recrimination for having utilized or having assisted others in the utilization of the grievance process.
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