Title IX Sexual Harassment and Sexual Misconduct Policy

Meridian University is committed to complying with the requirements of Title IX of the Education Amendments of 1972 (“Title IX”) and the U.S. Department of Education’s regulations implementing Title IX, the Violence Against Women Reauthorization Act of 2013. The University is also committed to complying with Title VII of the Civil Rights Act of 1964 (“Title VII”), which prohibits discrimination on the basis of sex in employment and in programs or activities that receive federal financial assistance (“Title VI”). Consistent with Title IX and its implementing regulations, the University prohibits Title IX Sexual Harassment, as well as any form of unlawful or improper sexual misconduct that threatens the safety and well-being of the members of the Meridian community.

I. Policy Statement

Meridian University is committed to providing a work and educational environment that is free of all forms of sex discrimination. It has, therefore, established this policy, which sets forth behavioral standards for members of the Meridian community and provides descriptions of prohibited forms of conduct that constitute unlawful discrimination or improper behavior based on sex (the “Policy”). To effectuate this Policy, Meridian established procedures for addressing claims alleging violations of this Policy, which are set forth in Meridian’s Title IX Procedures (the “Procedures”). Any person who wishes to file a report or formal claim alleging a violation of this Policy may do so by clicking here.

II. Scope

This Policy applies to: (i) all Meridian students, faculty, and staff; (ii) other members of the University community. This Policy applies to prohibited conduct that occurs in the United States, within the University’s Educational Programs and Activities, and that is committed by a current administrator, faculty member, staff, student, contractor, guest, or other member of the University community. For purposes of this Policy, Title IX Sexual Harassment includes the following: Quid Pro Quo Sexual Harassment, Hostile Environment Sexual Harassment, Sexual Assault, Domestic Violence, Dating Violence, and Stalking.

This Policy also applies to other forms of sexual misconduct (“Sexual Misconduct”) that is not encompassed by Title IX, whether occurring on or off campus, if the conduct: (i) occurs during a University sponsored or education activity or program; (ii) adversely impacts a member of the University community; and/or (iii) otherwise threatens the health and/or safety of any member of the University community. For purposes of this Policy, Sexual Misconduct includes any and all sex-based discrimination and harassment that does not satisfy the definition of Title IX Sexual Harassment.

Where a complaint or report of conduct alleges acts of both Title IX Sexual Harassment and Sexual Misconduct, and where the allegations involve the same parties or are otherwise materially related, the allegations may, at the discretion of Meridian’s Title IX Coordinator, be consolidated for investigation and resolution, in accordance with the University’s Sexual Harassment and Sexual Misconduct Investigation and Complaint Resolution Procedures.

III. Definitions of Prohibited Conduct

A. Title IX Sexual Harassment

Title IX Sexual Harassment is conduct on the basis of sex that constitutes Quid Pro Quo Sexual Harassment, Hostile Environment Sexual Harassment, Sexual Assault, Domestic Violence, Dating Violence, or Stalking, which are defined as follows:

1. Quid Pro Quo Sexual Harassment: Quid Pro Quo Sexual Harassment occurs when an employee of the University conditions the provision of an aid, benefit, or service of the University on an individual’s participation in unwelcome sexual contact or activity.

2. Hostile Environment Sexual Harassment: Hostile Environment Sexual Harassment consists of unwelcome conduct that, as determined by a reasonable person, is so severe, pervasive, and objectively offensive that it effectively denies a person access to the University’s educational programs and activities.

3. Sexual Assault: Sexual Assault includes the following: Rape, Sodomy, Sexual Assault with an Object, Fondling, Incest, and Statutory Rape, which are defined as follows:

(a) “Rape” is having carnal knowledge of or relations with a person, without their consent, including instances where such person is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity. There is “carnal knowledge” if there is the slightest penetration of the vagina or penis by the sexual organ of the other person. Attempted Rape is also considered to be Rape.

(b) “Sodomy” is having oral or anal sexual intercourse with another person, without their consent, including instances where such person is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity.

(c) “Sexual Assault with an Object” is using an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without their consent, including instances where such person is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity. An “object” or “instrument” is anything used by the offender other than the offender’s genitalia.

(d) “Fondling” is the touching of the private body parts of another person for the purpose of sexual gratification, without their consent, including instances where such person is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity.

(e) “Incest” is sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited under law.

(f) “Statutory Rape” is sexual intercourse with a person who is under the statutory age of consent, as defined by applicable law.

4. Domestic Violence: Domestic Violence is felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under applicable domestic or family violence laws, or by any other person against an adult or youth victim who is protected from that person’s acts under applicable domestic or family violence laws.

5. Dating Violence: Dating violence is violence committed by a person:

a. Who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship will be determined based on consideration of the following factors:

• The length of the relationship
• The type of relationship; and
• The frequency of interaction between the persons involved

6. Stalking: Stalking is engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

• Fear for their safety or the safety of others
• Suffer substantial emotional distress

B. Sexual Misconduct

1. Non-Title IX Sexual Harassment: Sexual Harassment that does not meet Title IX’s definition of “Sexual Harassment” is, under this Policy, unwelcome communication or conduct of a sexual nature, including unwelcome sexual advances, requests for sexual favors and other verbal, written or physical conduct of a sexual nature, without regard to whether the parties are of the same or different genders or gender identities. It includes the following type(s) of conduct:

a. Quid Pro Quo Sexual Harassment, Hostile Environment Sexual Harassment, Sexual Assault, Domestic Violence, Dating Violence, or Stalking, as defined above, which occurs outside of the University’s Education Programs or Activities

b. Unwelcome conduct that does not rise to the level of Hostile Environment Sexual Harassment, as defined in this Policy, but that:

• Is sufficiently serious (severe, pervasive, or persistent) and objectively offensive enough to deny or limit a person’s ability to participate in or benefit from the University’s programs, services, or activities; or
• That has the purpose or effect of unreasonably interfering with an individual’s work or academic performance

2. Sexual Exploitation: Sexual exploitation occurs when a person takes non-consensual or abusive sexual advantage of another for personal benefit, or to benefit anyone other than the person being exploited, and that behavior does not otherwise constitute one of the preceding sexual misconduct offenses. Examples of behavior that could rise to the level of sexual exploitation include:

• Prostituting another person;
• Non-consensual visual (e.g., video, photograph) or audio-recording of sexual activity;
• Non-consensual distribution of photos, other images, or information of an individual’s sexual activity, intimate body parts, or nakedness, with the intent to or having the effect of embarrassing an individual who is the subject of such images or information;
• Exceeding the boundaries of consent;
• Engaging in non-consensual voyeurism;
• Knowingly transmitting an STI, such as HIV, to another without disclosing one’s STI status;
• Exposing one’s genitals in non-consensual circumstances, or inducing another to expose their genitals;
• Possessing, distributing, viewing or forcing others to view illegal pornography;
• Inducing incapacitation for sexual purposes includes using, or causing another person or person to use drugs, alcohol, or other means with the intent to affect the ability of an individual to consent or refuse to consent (as “consent” is defined in this Policy) to sexual contact, regardless of whether prohibited sexual contact actually occurs.

IV. Prohibited Retaliation

“Retaliation” is intimidation, threats, coercion, or discrimination against any individual for the purpose of interfering with any right or privilege secured by Title IX and its implementing regulations, or any other applicable law, or because an individual has, in good faith, opposed, reported or filed a complaint alleging conduct forbidden under this Policy, or, testified, assisted, or participated or refused to participate in any investigation, proceeding, or hearing conducted under the University’s Sexual Harassment and Sexual Misconduct Investigation and Complaint Resolution Procedures. Retaliation also includes action taken against a bystander who intervened to stop or attempted to stop any conduct that violates this Policy. Action is generally deemed retaliatory if it would deter a reasonable person in the same circumstances from opposing practices prohibited by this Policy. It is a violation of this Policy to engage in Retaliation.

Meridian will take immediate and responsive action upon receiving information of Retaliation, which, if substantiated, may result in disciplinary action, up to and including separation from the University. Retaliation may be reported or filed as a formal complaint in the same manner as claims for Title IX Sexual Harassment and Sexual Misconduct are made. Reports and complaints alleging Retaliation will be handled in accordance with the provisions of the University’s Sexual Harassment and Sexual Misconduct Investigation and Complaint Resolution Procedures.