Conduct Covered by the Title IX and Sexual Misconduct Policy

The University of Alabama (“the University” or “UA”) is committed to providing an environment free from sexual misconduct which includes sexual assault, sex or gender-based harassment, exploitation, dating and domestic violence, stalking, as well as discrimination based on sex, gender, sexual orientation, gender identity, gender expression, pregnancy, and related retaliation (collectively referred to as “Prohibited Conduct”). The University expects individuals who live, work, teach, study within, or visit this community to contribute positively to the environment and refrain from behaviors that threaten the freedom or respect that every member of our community deserves.  Unless ultimately proven otherwise pursuant to the standards and processes of this Policy, individuals accused of Prohibited Conduct are presumed to be not responsible for any alleged violation.  Individuals who are found to be in violation of this Policy, however, will be subject to corrective action up to and including termination from employment or expulsion from the University.

Among other things, this Policy defines Prohibited Conduct, prohibits related retaliation; provides reporting requirements for designated University employees; identifies reporting procedures for individuals who have knowledge of an alleged violation; explains the difference between University conduct and criminal investigations; identifies the UA offices to whom a Complainant may report alleged violations in confidence to obtain supportive measures without an investigation, explains University supportive measures, emergency removals and other support services, sets out procedures for addressing potential Prohibited Conduct, and details the University’s comprehensive prevention, education, and awareness plan.

What Types of Behavior are Considered Prohibited Conduct According to the Title IX and Sexual Misconduct Policy?

Conduct that is deemed, by a preponderance of the evidence (which means more likely than not the alleged conduct occurred), to be sex or gender-based and meet the definitions of any of the types of Prohibited Conduct identified in the Title IX and Sexual Misconduct Policy (whether defined by UA, or by state (AL) or federal (FED) laws, as amended from time to time), constitutes a violation of the Title IX and Sexual Misconduct Policy.

Prohibited Conduct will be considered either Title IX Prohibited Conduct or Sexual Misconduct Prohibited Conduct, as defined in the Title IX and Sexual Misconduct Policy. The Policy utilizes two different grievance processes to process reports of Prohibited Conduct: the Title IX Process and Sexual Misconduct Process. If the Prohibited Conduct constitutes Title IX Prohibited Conduct, and meets the other criteria outlined in Section C.1. of the Policy, the Title IX Process outlined in Appendix 1 of the Policy will apply. If the Prohibited Conduct constitutes Sexual Misconduct Prohibited Conduct, and meets the other criteria outlined in Section C.2. of the Policy, the Sexual Misconduct Process outlined in Appendix 2 of the Policy will apply.

Title IX Prohibited Conduct includes:

  • Sexual Assault
  • Intimate Partner Violence: Dating/Domestic Violence
  • Stalking
  • Title IX Sexual and Gender-Based Harassment

Sexual Misconduct Prohibited Conduct includes:

  • Intimate Partner Violence: Dating/Domestic Violence
  • Intimate Partner Violence: Harassing Communications
  • Stalking
  • Sexual Assault
  • Sexual Exploitation
  • Non-Title IX Sexual or Gender-Based Harassment
  • Sexual or Gender-Based Discrimination
  • Failure to Comply
  • Retaliation

Definitions and examples of Prohibited Conduct are available in the Title IX and Sexual Misconduct Policy

Is Gender Discrimination Also Covered by Title IX?

Yes, gender discrimination is prohibited in any educational program or activity, including athletics; recruitment, admissions, financial aid and scholarships; course offerings and access; counseling; hiring and retention of employees; and benefits and leave. Discrimination related to pregnancy is also covered by Title IX. For more information on the University’s Nondiscrimination policy, please read our Equal Opportunity, Non-Discrimination, and Affirmative
Action Policy
. For more information about accommodations related to pregnancy, see the Pregnant and Parenting Students FAQs.

The University of Alabama is committed to providing an environment for employees, students, and campus visitors that is free from illegal harassment based on genetic or family medical history information, race, color, religion, national origin, sex, sexual orientation, gender identity, gender expression, pregnancy, age, disability, protected veteran status or any other legally protected basis.  Likewise the University prohibits discrimination on the basis of gender in all University activities and programs. Any form of sexual harassment, including sexual assault and sexual violence, is a violation of University policy and the Code of Student Conduct.  In addition to facing University sanctions, those who engage in sexual assault and sexual violence may also be prosecuted criminally.

Does Title IX Protect LBGTQ+ Students and Employees?

Yes, Title IX protects LBGTQ+ students and employees from discrimination, harassment, and sexual misconduct. This includes physical aggression, intimidation, or hostility based on sex, sex-stereotyping or failure to conform to stereotypical gender norms.

Where Does the University Have Jurisdiction to Address Prohibited Conduct and Gender Discrimination?

The Title IX and Sexual Misconduct Policy applies to:

  • Allegations of Prohibited Conduct by UA students or employees regardless of whether the alleged violation occurred on campus or off-campus, but only if the off-campus conduct has the potential for continuing adverse effects on or creating a hostile work or learning environment for students, employees or third-parties while on campus;
  • Allegations of Prohibited Conduct, including those committed by non-students or non-employees, that occur on campus or at any location involving a University education program or activity (including, but not limited to, University-sponsored study abroad, research, online, or internship programs).