Title IX
Title IX and the University of Portland
Title IX of the Education Amendments of 1972 is a federal civil rights law that prohibits discrimination on the basis of sex in education programs, including athletic programs or activities that receive federal funding.Title IX states that "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."
Under Title IX, discrimination on the basis of sex can include sexual
harassment, rape, and sexual assault. A college or university that receives federal funds may be held legally responsible when it knows about and ignores sexual harassment or assault in its programs or activities. The university can be held responsible in court whether the harassment is committed by a faculty member, staff or student.
It is a criminal offense for a person to engage in sexual contact or sexual intercourse with any other person without his/her consent. This may include unwanted sexual touch, penetration, forcing, or tricking a person into touching him/her, or to pose for sexually explicit photos. Some behaviors indicating sexual violence include: the use of physical force; coercion or verbal manipulation; verbal and/or visual harassment; use of drugs or alcohol to facilitate an assault.
According to Life on the Bluff, "Consent means informed, freely and voluntarily given agreement, communicated by clearly understandable words or actions, to participate in each form of sexual activity. Consent will not be assumed by silence, impairment due to alcohol or drugs, unconsciousness, sleep, physical impairment, or lack of active resistance. A current or previous dating or sexual relationship is not sufficient to constitute consent, and consent to one form of sexual activity does not imply consent to other forms of sexual activity. Ultimately, consent should be verbally and/or physically communicated for every sexual act."
Sexual assault is a manipulation of trust between the offender and their intended victim. It is often an expression of hatred and anger; a tool of oppression. Family members, friends, partners, colleagues, caregivers, and other people in authority are often our perpetrators. Often that experience can be confusing as we begin to seek support after an assault.
To foster the safety and security of the entire community, the University of Portland encourages community members to report all incidents of sexual assault. Students are sometimes afraid to report incidents of sexual assault for fear of being held accountable for other policy violations (e.g. intervisitation, intoxication, or sexual intimacy). In order to encourage reporting of sexual assault, the University will not pursue the conduct process against a student who reports sexual assault for lesser policy violations that occur in connection with the reported incident.
When a sexual assault occurs, the University’s primary concern is for the safety, health, and wellness of those impacted by the assault. The University offers a variety of resources to minister to affected students. A person who has been assaulted who contacts the resources listed in the chart to the right will be confidentially advised where to find medical and other support. This initial contact with a confidential source does not generally commit the student to any course of action.
- Non-consensual sexual intercourse, which is any sexual intercourse by any person upon another without consent. This offense includes oral, anal, and vaginal penetration, to any degree and with any object. This type of sexual intercourse is referred to as “sexual assault” in this policy.
- Non-consensual sexual contact, which is any sexual touching with any object, by any person upon another, without consent. Sexual touching is contact of a sexual nature, however slight. Depending on the nature or extent of the contact, this form of sexual misconduct may also be considered sexual assault.
- Other forms of sexual misconduct include, but are not limited to:
- Sexual exhibitionism
- Sex-based cyber-harassment
- Prostitution or the solicitation of a prostitute
- Peeping or other voyeurism
- Possession, creation of, or use of pornography
- Going beyond the boundaries of consent, e.g., by allowing others to view consensual sex or the non-consensual video or audiotaping of sexual activity
- Inducing incapacitation of another with the intent of initiating sexual activity with that person upon incapacitation, regardless of whether sexual activity actually takes place
Consent means informed, freely, and voluntarily given agreement, communicated by clearly understandable words or actions, to participate in each form of sexual activity. Consent will not be assumed by silence, impairment due to alcohol or drugs, unconsciousness, sleep, physical impairment, or lack of active resistance. A current or previous dating or sexual relationship is not sufficient to constitute consent, and consent to one form of sexual activity does not imply consent to other forms of sexual activity. Ultimately, consent should be freely communicated, verbally and/or physically, for every sexual act. There is no consent where:
- Force or violence is threatened or used,
- Any other form of coercion or intimidation, physical or psychological, is employed,
- One party has taken advantage of a position of influence that he or she has over the other party, or
- One party is incapable of giving consent due to intoxication or impairment.
If you prefer to remain anonymous, you may submit a report to the Title IX Coordinator. The report will be mostly confidential and be shared with certain campus officials in order to assess risk to you and/or the campus community. If a potential risk is determined, action may be taken by the University to investigate or address the risk.
If you do not want to file a report, you may desire to access the strictly confidential resources available on campus, listed in the box to the right of this page.
To Make a Report
Title IX Reporting/Early Alert If You Are a Survivor of Sexual Assault
If you are a survivor of sexual assault, sexual harassment, or sexual discrimination or are a friend of a survivor, there are a number of resources available to support you.Campus Resources |
Strictly Confidential Resources
Information shared with these resources will not be reported to any other campus official, unless an imminent threat to a student or the campus community exits.
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| University Health Center: 503-943-7134 |
Campus Ministers and Pastoral Residents
Pastoral Residents may be contacted directly. If information is shared
during the Sacrament of Reconciliation, confidentiality is absolute and the information will not be shared under any circumstances.
503-943-7131
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| SAFE Advocates: 503-943-SAFE (7233) or up.edu/safe |
Mostly Confidential Resources
Information shared with these resources is used to assess risk to the
individual and/or the campus community. If a potential risk is
determined, action may be taken by the University to investigate or
address the risk.
|
| Title IX Coordinator: Elayne Shapiro 503-943-7349 or shapiro@up.edu |
Resources with Limited Confidentiality
Information shared with these resources will be acted upon,
investigating reports to the extent possible to ensure safety of the
individual and the campus community. The student's wishes will be taken
into account to the greatest extent possible.
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Office of Residence Life
Hall Staff including your Resident Assistant, Assistant Hall Director or Hall Director may also be contacted directly.
503-943-7205 |
| Public Safety: Emergency: 503-943-4444 Non-emergency: 503-943-7161 |
Community Resources |
| Confidential Resources |
| Portland Women's Crisis Line: 503-235-5333 |
| Multnomah County Crisis Line: 503-988-4888 |
| Other Resources |
| Portland Police Bureau: Emergency: 911 Non-emergency: 503-823-3333 |
Other Resources:
Title IX Training for Faculty & Staff
Prevent Violence... Do Green Dots.
Public Safety
For more information about sexual assault
For more information about abuse