Title IX

Although Title IX is commonly associated with sex-based discrimination in athletics, the law is much broader. Title IX of the Education Amendments of 1972 is a federal law that provides:

“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any educational program or activity receiving Federal financial assistance.”

Title IX prohibits sex discrimination in all university programs and activities, including, but not limited to, admissions, recruiting, financial aid, academic programs, student services, counseling and guidance, discipline, class assignment, grading, recreation, athletics, housing, and employment.

Sexual harassment and sexual violence are forms of sex discrimination prohibited by Title IX. Title IX also prohibits retaliation against people for making or participating in complaints of sex discrimination.

For more information about Title IX, visit the U.S. Department of Education’s website.

Millsaps College Title IX Policy Statement

This policy applies to all members of the Millsaps College community, and includes, but is not limited to, staff, faculty, students, applicants for college employment and academic admission, vendors, contractors, and third parties.

Millsaps College does not discriminate or permit discrimination by any member of its community against any individual on the basis of sex in matters of admissions, employment, housing or services in the educational programs or activities it operates. Prohibited sex discrimination includes sexual harassment and sexual violence.

Examples of sex discrimination and sexual harassment may include:

  • Refusing to hire or promote someone because of the person’s sex
  • Demoting or terminating someone because of the person’s sex
  • Jokes or epithets about a person’s sex
  • Teasing or practical jokes directed at a person based on his or her sex
  • Displaying or circulating written materials or pictures that degrade a person’s sex
  • Verbal abuse or insults about, directed at, or made in the presence of an individual or group of individuals based on his or her sex
  • Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature that is sufficiently severe, persistent or pervasive

Title IX Statement

It is the policy of Millsaps College to comply with Title IX of the Education Amendments of 1972, which prohibits discrimination (including sexual harassment and sexual violence) based on sex in the college’s educational programs and activities. Title IX also prohibits retaliation for asserting claims of sex discrimination. Millsaps has designated Title IX coordinators to resolve complaints and address issues of gender-based discrimination and sexual misconduct. The college has additional resources on sexual misconduct available. Questions regarding Title IX may also be referred to the Department of Education’s Office of Civil Rights.

Complaint Response and Confidentiality

All reports describing conduct that is inconsistent with these policies will receive a prompt and thorough response. The Title IX coordinator will review the details of the situation and assess immediate safety concerns, share supportive measures, explain formal and informal options, and provide referrals to additional resources.

The Title IX coordinator will address inquiries, complaints, and related proceedings in a manner that is sensitive and protects all parties. Each situation is reviewed as discreetly as possible and information is shared only with those who ned to know to investigate and resolve the matter.

Not all reported behavior may constitute a violation of Title IX, but campus and community resources are available.

Retaliation

The college prohibits retaliation against anyone for registering a complaint pursuant to these policies, assisting another in making a complaint, or participating in an investigation under the policies. Anyone experiencing any conduct that they believe to be retaliatory should immediately report it to one of the individuals listed under “Title IX Team Members.”

If a complaint of discrimination, harassment or sexual harassment is found to be supported by a preponderance of the evidence, appropriate corrective action will follow, up to and including separation of the offending party from the college, consistent with college procedure. The college may also address other inappropriate conduct, if substantiated, even if no Title IX violation is found.

Your Responsibilities

All members of the college community are responsible for creating a working, learning and living environment that is free of discrimination and harassment, including sexual harassment. You may contact one of the individuals listed under “Title IX Team Members,” if any of the following occurs:

  1. You have experienced violence, harassment or discrimination and want to learn about your rights, resources and available supportive measures;
  2. You believe you have been retaliated against in violation of these policies; or
  3. You are seeking information about how to support a colleague, student, or friend;
  4. You want to make the college aware of a situation you experienced or witnessed;
  5. You are an employee or student worker required to report.

Vendors, Contractors and Third Parties

The college’s policies on discrimination, harassment and sexual harassment apply to the conduct of vendors, contractors and third parties. If a member of the college community believes that they have been subjected to conduct by a vendor, contractor or third party that violates these policies, the community member should contact one of the individuals listed under “Title IX Team Members.” The college will respond as appropriate, given the nature of its relationship to the vendor, contractor or third party.

Academic Freedom

While Millsaps College is committed to upholding the principles of academic freedom, shared governance and freedom of speech, discrimination and harassment identified in this policy are neither legally protected expression nor the proper exercise of academic freedom.

If you believe you have been discriminated against or harassed, or if you witness or become aware of possible discriminatory or harassing conduct by others, contact a Title IX team member below or submit an online complaint.

  • Don’t blame yourself.
  • Don’t delay reporting a problem.
  • Consider keeping a written, dated record of events.

Sexual Misconduct and Harassment: Complaint Resolution Guideline

Individuals reporting discrimination or sexual misconduct shall be informed by the Title IX team member about options for resolving potential violations of the policies prohibiting discrimination or sexual misconduct, which include informal resolution and/or the formal investigation procedure.

Informal Resolution

In many instances, counseling, advice or informal discussion may be useful in resolving concerns about allegations of discrimination prohibited by Title IX. Complainants who wish to resolve their concerns informally should bring them to the attention of the Title IX team member.

In working to resolve the matter, the Title IX team members ordinarily will interview the complainant and, as appropriate, others who may have knowledge of the facts underlying the complaint. At any point, including while the informal process is ongoing or afterward, the complainant may elect to end the informal process in favor of filing a formal complaint.

Although Millsaps welcomes informal resolution of complaints when appropriate, it will not use mediation between a complainant and alleged perpetrator or any other informal resolution mechanism to resolve complaints pertaining to nonconsensual sexual contact or nonconsensual sexual penetration.

Investigation

Complainants who are considering bringing a formal complaint may at any time meet with the Title IX coordinators, who will discuss the matter and describe the formal complaint process. Alternatively, a complainant may choose to submit a written complaint to the Title IX team members.

During an investigation, the complainant (the person filing the complaint) will have the opportunity to describe their allegations and present supporting witnesses or other evidence. The respondent (the person complained about) will have the opportunity to respond to each allegation and present supporting witnesses or other evidence. The investigator will review evidence presented and will meet with additional witnesses identified by the complainant, the respondent or third parties, as determined appropriate by the investigator. All parties involved in the investigation are expected to cooperate and provide truthful information throughout the investigation process.

Any participant in an investigation who has a complaint regarding the conduct of the investigator or who believes the investigator has a conflict of interest should contact one of the individuals listed under “Title IX Coordinators” who has not been involved in the investigation of the complainant’s report and who shall take appropriate actions to address the issue in a prompt and equitable manner.

Support Person/Legal Counsel

During the investigation process, both the comlainant and the respondent may ask a support person to accompany them. The suport person may be an attorney or a member of the Millsaps community (faculty, staff, or student). The support person may not be a family members and cannot be a potential witness in the matter, or another complainant or respondent in the same or related matter. The support person does not serve as advocate on behalf of the complainant or respondent, and he or she must agree to maintain the confidentiality of the investigative process. Witnesses and others involved in an investigation are not entitled to have a support person accompany them to interviews.

Confidentiality

The purpose of the Millsaps Policy on Discrimination and Harassment is to provide the college community with a positive working and educational environment that is free of discrimination and harassment. Complaints of discrimination or harassment will be investigated in a manner that is consistent with this goal. All participants in an investigation will be advised that they should keep the complaint and the investigation confidential.

Millsaps cannot promise total confidentiality in its handling of discrimination and harassment complaints. Millsaps makes every reasonable effort to handle inquiries, complaints and related proceedings in a manner that protects the privacy of all parties. Each situation is reviewed as discreetly as possible, with information shared only with those who need to know to investigate and resolve the matter.

In certain circumstances, the college may be able to address discrimination or harassment concerns and stop problematic behavior without revealing to the alleged respondent the identity of the person who complained and/or the individuals involved in the investigation. However, this is not possible in every matter, as situations may require the disclosure of the complainant’s identity in order to fully investigate the matter and/or to enable the respondent the ability to fully respond to the allegations against them.

Throughout its proceedings, Millsaps will be sensitive to the feelings and situation of the alleged victim and/or reporter of discrimination or harassment. Nevertheless, the college has a compelling interest to address all allegations of discrimination or harassment brought to its attention. Millsaps reserves the right to take appropriate action in such circumstances, even in cases when the complainant is reluctant to proceed.

Retaliation Is Strictly Prohibited

Millsaps prohibits retaliation against anyone for inquiring about suspected breaches of Millsaps policy, registering a complaint pursuant to its policies, assisting another in making a complaint or participating in an investigation under its policies. Retaliation is a serious violation that can subject the offender to sanctions, regardless of whether there is a finding that a complaint of discrimination or harassment has merit. Anyone experiencing any conduct that they believe to be retaliatory should report it immediately to one of the individuals listed in “Title IX Team Members.”

Resolution

At the conclusion of an investigation, the investigator will determine whether the evidence establishes, by a preponderance of the evidence (i.e., more likely than not), that a violation of the Policy on Discrimination and Harassment has occurred. The investigator will provide their conclusions and any recommended actions to the appropriate college office. For staff, the appropriate office is the Office of Human Resources in collaboration with the respondent’s manager(s). For students, the appropriate office is the dean of students. For faculty, the appropriate office is the provost and dean of the college. The appropriate office will review the recommendations and, in consultation with the Office of Human Resources when appropriate, make a decision concerning the resolution of the complaint — including the allegations of Title IX violations and, potentially, allegations of other inappropriate conduct — and any corrective actions that will be imposed. The complainant and the respondent will be notified in writing of the outcome of the investigation upon its conclusion.

When a violation of the Policy on Discrimination and Harassment is found, the college’s response is based on several factors, including the severity of the conduct, and a with the goal of preventing problems from recurring. In addition, the college may recommend steps to address the effects of the conduct on the complainant and others. Violators of the policy will be subject to disciplinary action in accordance with relevant college policies and/or procedures and other requirements set forth in the staff handbook, faculty handbook or student handbook.

Appeals

The respondent and complainant may request an appeal of the decision rendered by the adjudicator. Disagreement with the finding or corrective action is not, by itself, grounds for appeals. The three grounds upon which an appeal of the decision or sanctions may be made are:

  1. The party believes a procedural error occurred, which the party feels may change or affect the outcome of the decision;
  2. The party has substantive new evidence that was not available to the investigator or the parties at the time of the hearing and that may change the outcome of the decision;
  3. The party feels that the severity of the sanction is inappropriate given the details of the case.

The request for an appeal, including the grounds upon which the request is based, should be submitted in writing to the appropriate appeals officer (as identified in the outcome letter) within five business days following the date on the outcome letter.

The decision will be issued within a reasonable period of time, generally no longer than 90 days after receipt of the appeal.

File a Sexual Misconduct or Title IX Complaint

Please file any reports or complaints via this form.

Title IX Team Members

Please call or email one of Millsaps’ Title IX team members to set up an initial informal meeting if you have an issue, or to make a complaint, involving sex discrimination, sexual harassment or sexual violence. These members will explain Millsaps’ policy and the options available to you under it.

Please Note: While the Title IX team members will take into account any requests for confidentiality, the Title IX team members must take appropriate steps to respond consistently with the requirements of Title IX.

Title IX Team

Name | Pronouns | Email

Patrick Cooper, Title IX coordinator | he/him/his | [email protected]

Dr. Jennifer Lewton-Yates | she/her/hers | [email protected]

Ryan Upshaw | he/him/his | [email protected]

Jaime Fisher | she/her/hers | [email protected]

Ryan Colvin | he/him/his | [email protected]

Melinda Barrow | she/her/hers | [email protected]

Dr. Andrew Marion | he/him/his | [email protected]

Resources

There are many campus, community and medical resources available to you.

CAMPUS RESOURCES

CAMPUS SAFETY
New South Hall, Atrium
601-974-1234 (24-hours dispatch)
601-974-1180 (Administrative Office)

COUNSELING SERVICE (confidential)
A. Boyd Campbell College Center
Top Floor
[email protected]

OFFICE OF THE CHAPLAIN (confidential)
Christian Center
[email protected]

WESSON HEALTH CENTER (confidential)
A. Boyd Campbell College Center
Lower Level
[email protected]

COMMUNITY RESOURCES

CENTER FOR VIOLENCE PREVENTION
P.O. Box 6279
Pearl, MS 39208
601-932-4198 (24-hours)
1-800-266-4198

MISSISSIPPI COALITION AGAINST SEXUAL ASSAULT
888-987-9011
800-656-HOPE (24-hours)
mscasa.org

JACKSON POLICE DEPARTMENT*
327 East Pascagoula Street
Jackson, MS 39205
Off-campus: 601-960-1234
Jacksonms.gov/departments/Jackson-police-department/

CAPITOL POLICE DEPARTMENT*
501 North West Street
Jackson, MS 39201
Off-campus: 601-359-3125
dps.ms.gov/capitol-police

*Call Millsaps Campus Safety at 601-974-1234 and request that Jackson or Capitol Police be contacted.

MEDICAL RESOURCES

UNIVERSITY OF MISSISSIPPI MEDICAL CENTER*
2500 North State Street
Jackson, MS 39216
601-984-1000

* Sexual assault nurse examiners (SANE) are on site. Physical Evidence Recovery Kits (P.E.R.K.) are available so evidence may be collected.

CROSSROADS CLINIC – MISSISSIPPI STATE DEPARTMENT OF HEALTH**
Jackson Medical Mall
350 W. Woodrow Wilson Avenue
Ist Floor – Suite 454
601-432-3231
cdc.gov/std

**Free STI/STD testing and treatment. Walk-ins welcome or call for an appointment.

Title IX Personnel Training

Millsaps College provides regular training to investigators, adjudicators, Title IX coordinator and other personnel involved in the resolution of sexual misconduct matters. A copy of the college’s training materials is available below.

Millsaps TIX Training Material