Title IX of the Education Amendments of 1972 prohibits sex discrimination in educational programs and activities. 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.

Sexual harassment (which includes sexual violence and assault) is a form of sex discrimination and therefore a violation of Title IX. Specific behaviors that are prohibited by Title IX include rape, sexual assault, sexual battery, sexual exploitation, and other forms of non-consensual sexual activity; stalking; and relationship violence that is gender-based. Many behaviors that violate Title IX also constitute crimes. Title IX also prohibits discrimination of pregnant and parenting students.

CIM Policies and Resources

What Is Sexual Misconduct?

Sexual misconduct incorporates a range of behaviors including sexual assault, sexual harassment, intimate partner violence, stalking, voyeurism, and any other conduct of a sexual nature that is nonconsensual, or has the purpose or effect of threatening, intimidating, or coercing a person.

Much sexual misconduct includes nonconsensual sexual contact, but this is not a necessary component. For example, threatening speech that is sufficiently severe or pervasive to constitute sexual harassment will constitute sexual misconduct. Making photographs, video, or other visual or auditory recordings of a sexual nature of another person without consent constitutes sexual misconduct, even if the activity documented was consensual. Similarly, sharing such recordings or other sexually harassing electronic communications without consent is a form of sexual misconduct. Both men and women are protected from sexual misconduct, and sexual misconduct is prohibited regardless of the sex of the harasser.