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This triage tool will help you determine whether a reported matter falls under Title IX (meets the definition of sexual harassment and falls within your program or activity per the 2020 Title IX regulations) and therefore requires a Title IX Formal Grievance process. Remember that if the matter falls under Title IX, you cannot discipline the Respondent through another school/campus process.
If the matter falls under Title IX, this tool also offers some examples of supportive measures that could be provided to both the Complainant and Respondent. These are only examples.
In using the tool, simply check each box that applies. If you cannot check a box, that means it will be checked for you based on other answers. Once you complete the exercise you can print a report for your records. Fill out the boxes below if you would like to keep track of this document.
**This tool is designed to use in conjunction with your policies and procedures.**
Part 1: Education Program or Activity/Jurisdiction
Do the allegations contained in the report, if true, fall within your education program or activity?
(see also Compliance Aid: Education Program or Activity/Jurisdiction)
The matter does fall within your education program or activity.
The matter does not fall within your education program or activity because at the time of occurrence the school/institution did not have substantial control over the Respondent, therefore it does not fall under Title IX and can be transferred to another school process.
The matter does not fall within your education program or activity because it did not occur against a complainant in the U.S., therefore it does not fall under Title IX and can be transferred to another school process.
The matter does not fall within your education program or activity because it did not occur on the school/institution' property, or during a school/institution's event.
ICS recommends offering supportive measures to the Complainant even if the matter does not rise to the level of Title IX sexual harassment or fall within your Program or Activity.
Part 2: Alleged Allegations
Do the allegations contained in the report on its face, if true, rise to the level of Title IX sexual harassment? Does it fall within one or more of these buckets?
Click the box and answer the corresponding prompts below. If needed, select additional boxes and answer the corresponding prompts associated with that allegation.
Click on one of the above items to see options.
Quid Pro Quo
Severe, pervasive, AND objectively offensive
Was the conduct in this case:
Sexual Assault
The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental incapacity.
The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
Sexual intercourse with a person who is under the statutory age of consent.
Domestic Violence, Dating Violence, Stalking
A felony or misdemeanor crime of violence committed by a:
Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.
Engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
Results
You have completed the ICS Report Triage Tool, please see below for your results.
Part 1: Education Program or Activity/Jurisdiction
Do the allegations contained in the report, if true, fall within your education program or activity?
You have selected the options:
- The school/institution has substantial control over the Respondent
- The matter occurred against a Complainant in the U.S.
- The matter occurred on the school's/institution's property or in/during an on-line class
- The matter occurred at an off-campus building owned or controlled by the school/institution
- The matter occurred off campus at an school/institution sponsored event
Based on this information, the matter does fall within your education program or activity.
Part 2: Alleged Allegations
Do the allegations contained in the report, if true, rise to the level of Title IX sexual harassment?
Based on the information you entered, it does look like this matter does rise to the level of Title IX Sexual Harassment. This matter includes the following:
Quid Pro Quo
An employee of the recipient conditioning the provision of an aid, benefit, or service of the recipient on an individual's participation in unwelcome sexual conduct.
Severe, pervasive, AND objectively offensive conduct
Unwelcome conduct determined by a reasonable person to be so severe, pervasive AND objectively offensive that it effectively denies a person equal access to the recipient's education program or activity.
Sexual Assault - Fondling
The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.
Sexual Assault - Rape
The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
Sexual Assault - Incest
Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
Sexual Assault - Statutory Rape
Sexual intercourse with a person who is under the statutory age of consent.
Domestic Violence
A felony or misdemeanor crime of violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.
Dating Violence
Actions committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.
Stalking
Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for the person's safety or the safety of others, or suffer substantial emotional distress.
The Title IX Coordinator or designee should:
- Offer supportive measures immediately to the Complainant. Examples include but are not limited to a mutual no-contact directive, extensions on papers or exams, an escort to and from class/work, hall monitors, changes to housing, changes to parking assignments, referrals to counseling, changes in work assignments.
- The matter must proceed through the Formal Title IX Grievance Process to discipline the Respondent. If the Complainant does not want to sign a Formal Complaint, the Title IX Coordinator should consider whether to do so or whether to only offer supportive measures.
- If you initiate the Formal Title IX Grievance Process, offer supportive measures to the Respondent.
- If the Complainant does not want to proceed with a Formal Complaint, the Title IX Coordinator should consider signing one. In this instance, the Title IX Coordinator does not become the Complainant.
If you have any questions about this process or need assistance, the ICS team can help. Contact us at info@icslawyer.com or 423-667-1838.
Based on the information you entered, it does not look like this matter rises to the level of Title IX Sexual Harassment. This matter can be transferred to another school process.
In order for this matter to qualify as Quid Pro Quo sexual harassment, the actions must meet this definition: "An employee of the recipient conditioning the provision of an aid, benefit, or service of the recipient on an individual's participation in unwelcome sexual conduct."
In order for this matter to qualify as Severe, Pervasive, Objectively Offensive Sexual Harassment the actions must meet this definition: "Unwelcome conduct determined by a reasonable person to be so severe, pervasive AND objectively offensive that it effectively denies a person equal access to the recipient's education program or activity."
In order for this matter to qualify as Sexual Assault the actions must meet the definition and all qualifications of rape, fondling, incest or statutory rape as used in the FBI's Crime Reporting system
In order for this matter to qualify as Domestic Violence, Dating Violence, or Stalking they must meet one of these definitions:
Domestic Violence or Dating Violence: A felony or misdemeanor crime of violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.
Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for the person's safety or the safety of others, or suffer substantial emotional distress.
ICS recommends offering supportive measures to the Complainant even if the matter does not rise to the level of Title IX sexual harassment or fall within your Program or Activity.
Note: In certain circumstances, Violence Against Women Act (VAWA) requirements may still apply. Be sure to check whether these requirements are applicable and to follow them even if the matter does not rise to the level of the 2020 Title IX Regulations.
*Disclaimer: Using this tool does not guarantee compliance with Title IX and other related laws and regulations. This tool also does not establish an attorney-client relationship, which is only formed when you have signed an engagement agreement.
**This tool is designed to use in conjunction with your policies and procedures.**
