Title: Prohibition of Sex Discrimination Under Title IX
Number: BP 4.03
Adopted: July 29, 2024
Reviewed:
Revised:
This policy is only applicable to alleged incidents of sex discrimination occurring on or after August 1, 2024. For alleged incidents of sex discrimination or sexual harassment occurring prior to August 1, 2024, the policy and procedures in place at the time of the alleged incident will apply. Applicable versions of those policies and procedures can be obtained from the Title IX Coordinator.
Nicolet Area Technical College (Nicolet College) does not discriminate on the basis of sex and prohibits sex discrimination in any and all education program or activity that it operates, as required by Title IX, including in admission and employment. Any inquiries about the application of Title IX or its regulations may be referred to Nicolet College’s Title IX Coordinator, the Office of Civil Rights, or both. The Title IX Coordinator is:
Human Resource Director/Title IX Coordinator
5364 College Dr
PO Box 518
Rhinelander, WI 54501
715-365-4928
ADA-504-Employee@nicoletcollege.edu
For purposes of this policy, “sex discrimination” means different treatment with respect to a person’s employment or participation in Nicolet College’s education program or activity based on the person’s sex, which includes sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity. In addition, sex-based harassment is a form of sex discrimination and means sexual harassment and other harassment on the basis of sex, including on the basis of sex stereotypes, sex characteristics, pregnancy, or related conditions, sexual orientation, and gender identity, that is:
(1) Quid pro quo harassment. An employee, agent, or other person authorized by the recipient to provide an aid, benefit, or service under the recipient’s education program or activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct;
(2) Hostile environment harassment. Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the recipient’s education program or activity (i.e., creates a hostile environment). Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:
- (i) The degree to which the conduct affected the complainant’s ability to access the recipient’s education program or activity;
- (ii) The type, frequency, and duration of the conduct;
- (iii) The parties’ ages, roles within the recipient’s education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct;
- (iv) The location of the conduct and the context in which the conduct occurred; and
- (v) Other sex-based harassment in the recipient’s education program or activity;
or
(3) A specific offense.
- (i) Sexual assault meaning an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation;
- (ii) Dating violence meaning violence committed by a person:
- (A) Who is or has been in a social relationship of a romantic or intimate nature with the victim; and
- (B) Where the existence of such a relationship shall be determined based on a consideration of the following factors:
- (1) The length of the relationship;
- (2) The type of relationship; and
- (3) The frequency of interaction between the persons involved in the relationship;
- (iii) Domestic violence meaning felony or misdemeanor crimes committed by a person who:
- (A) Is a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the jurisdiction of the recipient, or a person similarly situated to a spouse of the victim;
- (B) Is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner;
- (C) Shares a child in common with the victim; or
- (D) Commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the jurisdiction; or
- (iv) Stalking meaning engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
- (A) Fear for the person’s safety or the safety of others; or
- (B) Suffer substantial emotional distress.
All forms of sex-based discrimination and sex-based harassment are contrary to basic standards of conduct between individuals. State and federal law, and this policy prohibit sex-based discrimination and sex-based harassment and Nicolet College will not tolerate discrimination or harassment.
Any student, employee, and other individuals participating or attempting to participate in Nicolet College’s education program or activity who believes that he/she/they has been subject to sex discrimination in violation of this policy should immediately report such incidents to the Nicolet College Title IX Coordinator. Please refer to AP 4.10 Prohibition of Sex Discrimination under Title IX. Nicolet College requires employees to report all incidents of harassment, discrimination, and retaliation that come to their attention.
Nicolet College seeks to foster an environment in which employees, students, and all other individuals participating or attempting to participate in Nicolet College’s education program or activity feel free to report incidents of sex discrimination without fear of retaliation or reprisal. Therefore, Nicolet College also strictly prohibits retaliation against any individual for filing a complaint of discrimination or harassment or for participating in a related investigation. Such conduct is illegal and constitutes a violation of this policy. Nicolet College will investigate all allegations of retaliation swiftly and thoroughly. If Nicolet College determines that someone has retaliated against another in violation of this policy, it will take all reasonable steps within its power to stop such conduct. Individuals who engage in retaliatory conduct are subject to disciplinary action, up to and including termination or expulsion.
This policy applies to all aspects of the academic environment, including but not limited to classroom conditions, grades, academic standing, employment opportunities, scholarships, recommendations, disciplinary actions, and participation in any community college activity. In addition, this policy applies to all terms and conditions of employment, including but not limited to hiring, placement, promotion, evaluation, disciplinary action, layoff, recall, transfer, leave of absence, training opportunities and compensation.
To this end, Nicolet College will ensure appropriate education and training activities are conducted to counter sex discrimination and to prevent, minimize, or eliminate any hostile environment that impairs access to equal education opportunity or impacts the terms and conditions of employment.
Nicolet College has established grievance procedures for employees and students, and other members of the campus community that provide for the investigation and resolution of complaints regarding sex discrimination. Those procedures are AP 4.10 Prohibition of Sex Discrimination under Title IX.
Application
This Policy supersedes Nicolet College’s previous Title IX policies, though previous policies and procedures remain in force for conduct occurring before August 1, 2024. This policy will take effect August 1, 2024 and remain in effect unless the 2024 Title IX/Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance regulations are enjoined or otherwise determined to be unlawful by a court of competent jurisdiction. Should the underlying law or regulations on which this policy is built cease to remain enforceable, the appropriate sex-based discrimination/harassment college policies and procedures will apply.
References: Title IX of the Education Amendments Act of 1972; 20 U.S. Code Sections 1681 et seq.;34 Code of Federal Regulations Part 106