第九条 (1972) is a federal (national) law that serves as a powerful tool for combating campus violence. The law requires colleges receiving federal funding to combat gender-based violence and harassment, and respond to survivors’ needs in order to ensure that all 学生s have equal access to education.
任何性暴力或身体虐待, 根据加州法律的规定, 是否由员工承诺, 学生, 或者是公众成员, occurring on college-owned or controlled property, at college-sponsored or supervised functions, or related to or arising from college attendance or activity is a violation of 区 policies and regulations, and is subject to all applicable punishment, including criminal and/or civil prosecution and employee or 学生 discipline procedures.
美国境内任何人不得, 以性别为基础, 被排除在…之外, 被剥夺…的利益, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.
As a 学生, you can take action to stop 性ual misconduct and violence. Learn more about how you can make a difference: KNOW YOUR IX: Empowering 学生 to Stop Sexual Violence.
Video: College 学生 Explain 第九条/Sexual Misconduct
第九条其他定义:
第九条 is a landmark federal civil right that prohibits 性 discrimination in education. 第九条 is not just about sports; it is a prohibition against 性-based discrimination in education. It addresses discrimination against pregnant and parenting 学生s and women in STEM (science, 技术, 工程, 和数学)程序. It also addresses 性ual harassment, gender-based discrimination, and 性ual violence. Sexual violence includes attempted or completed rape or 性ual assault, 还有性骚扰, 跟踪, 窥阴癖, 自我表现欲, verbal or physical 性uality-based threats or abuse, 亲密伴侣暴力.
第九条 does not apply to fe男性 学生s only. 第九条 protects any person from 性-based discrimination, regardless of their real or perceived 性, 性别认同和/或性别表达. 所有女性, 男性, and gender non-conforming individuals are protected from any 性-based discrimination, 骚扰或暴力.
The Clery行为 (Jeane Clery行为) - amended 第九条 in 1990 and requires all publicly funded colleges and universities to share information about all types of crimes on campus, and their efforts to improve campus safety as well as inform the public of crime in or around campus. The Clery行为 also requires schools to provide options to survivors of 性ual misconduct so they may have the opportunity to succeed in their educations goals. Colleges must also assist survivors in notifying local law enforcement in a safe and empowered manner. 最后, institutions of higher education must provide specific rights to both the survivor and the accused through the disciplinary process. Learn more about Jeane Clery and the Clery行为.
The Violence Against Women Act VAWA (1994) - 2000年，2005年 & 2013 reaffirmations – amends the Clery行为 and expands the rights afforded to campus survivors of 性ual assault, 家庭暴力, 约会暴力, 和被人跟踪. 在VAWA, colleges must include policy statements that outline the procedures an institution will follow after an incident of violence occurs, and identifies options available to survivors. VAWA amendments require prevention programs that aim to stop violent crimes before they occur. Issues of confidentiality of disclosure and reporting, and specifics regarding Hate Crimes as they relate to 性ual misconduct acts have also been outlined by VAWA. 了解更多关于VAWA的信息.
The Campus Sexual Violence Elimination Act (Campus SaVE Act) - of 2013 amends the Clery行为 and was designed to help colleges better protect their 学生s and employees from 性ual violence. SaVE was designed as a companion to 第九条 to bolster the responses to and prevention of 性ual violence in higher education. SaVE requires colleges to increase transparency about the scope of 性ual violence on campus, 保障受害者的权利, provide for standards in institutional conduct proceedings, and provide campus community-wide prevention educational programming.
How 第九条 Laws have affected higher education:
- Colleges must be proactive in ensuring that the campus is free of 性 discrimination. You are protected under 第九条 even if you do not experience 性 discrimination directly. Schools must take immediate steps to address any 性 discrimination, 性骚扰或性暴力 on campus to prevent it from affecting 学生s further. If a school knows or reasonably should know about discrimination, 骚扰或暴力 that is creating a “hostile environment” for any 学生, 它必须采取行动消除它, to remedy the harm caused and to prevent its recurrence. Schools may not discourage survivors from continuing their education, such as telling them to “take time off” or forcing them to quit a team, 俱乐部或班级. You have the right to remain on campus and have every educational program and opportunity available to you.
- Colleges must have an established procedure for handling complaints of 性 discrimination, 性骚扰或性暴力. Every school must have a 第九条 Coordinator who manages complaints. The Coordinator’s contact information should be publicly accessible on the school’s website. 如果你决定投诉的话, your school must promptly investigate it regardless of whether you report to the police (though a police 调查 may very briefly delay the school’s 调查 if law enforcement is gathering evidence). A school may not wait for the conclusion of a criminal proceeding and should conclude its own 调查 within a semester’s time (the 2011 Office for Civil Rights 第九条 guidance proposes 60 days as an appropriate time-frame). The school should use a “preponderance of the evidence” standard to determine the outcome of a complaint, meaning discipline should result if it is more likely than not that discrimination, 发生骚扰和/或暴力. The final decision should be provided to you and the accused in writing. Both of you have the right to appeal the decision.
- Colleges must take immediate action to ensure a victim can continue their education free of ongoing 性 discrimination, 性骚扰或性暴力. Along with issuing a no contact directive to the accused, a school must ensure that any reasonable changes to your housing, 课程或运动时间表, 校园工作, or extracurricular activity and clubs are made to ensure you can continue your education free from ongoing 性 discrimination, 性骚扰或性暴力. These arrangements can occur BEFORE a formal complaint, 调查, 听力, or final decision is made regarding your complaint. It also can CONTINUE after the entire process since you have a right to an education free of 性-based discrimination, 骚扰或暴力. 另外, these accommodations should not over-burden complainant-victims or limit your educational opportunities; instead, schools can require the accused to likewise change some school activities or classes to ensure there is not ongoing hostile educational environment.
- Colleges may not retaliate against someone filing a complaint and must keep a victim safe from other retaliatory harassment or behavior. Schools must address complaints of 性 discrimination, 性ual harassment and 性ual violence. As part of this obligation they can issue a no contact directive or make other accommodations to ensure the accused or a third party does not retaliate for any complaint. 另外, the school may not take adverse action against the complainant-victim for their complaint. Any retaliation can and should be reported in a formal 第九条 complaint to the U.S. Department of Education since it is your right to be free from a hostile educational environment.
- Colleges can issue a no contact directive under 第九条 to prevent the accused 学生 from approaching or interacting with the victim. 必要时，为了学生的安全, schools can issue a no contact directive preventing an accused 学生 from directly or indirectly contacting or interacting with you. Campus security or police can and should enforce such directives. This is not a court-issued restraining order, but a school should provide you with information on how to obtain such an order and facilitate that process if you choose to pursue it.
- 在性暴力案件中, colleges are prohibited from encouraging or allowing mediation (rather than a formal 听力) of the complaint. The 2011 第九条 Guidance clearly prohibits schools from allowing mediation between an accused 学生 and a complainant-victim in 性ual violence cases. 然而, they may still offer such an alternative process for other types of complaints, 比如性骚扰. Realize it is your choice and you can and should seek a disciplinary 听力 if you desire such a formal process. Schools are discouraged from allowing the accused to question you during a 听力.
- Colleges should not make victims pay the costs of certain accommodations that may be required in order for the victim to continue their education after experiencing violence. 如果你需要咨询, 辅导, 住房资源, or other remedies in order to continue your education, these resources will be provided at no cost to you.