BHSU has the responsibility to protect every student's right to learn in an environment
free from unlawful discrimination. Through the South Dakota Board of Regent policy
1:19, BHSU upholds several Federal civil rights laws that prohibit discrimination
in programs or activities. BHSU is committed to ensuring equal access to education
and promoting educational excellence.
Discrimination on the basis of race, color, and national origin are prohibited by
Title VI of the Civil Rights Act of 1964. This includes discrimination based on a
person’s limited English proficiency or English learner and/or perceived shared ancestry
or ethnic characteristics, including membership in a religion that may be perceived
to exhibit such characteristics (such as Hindu, Jewish, Muslim, and Sikh individuals).
Discrimination on the basis of sex is prohibited by Title IX of the Education Amendments
of 1972. This includes discrimination based on pregnancy, parental status, and sex
stereotypes (such as treating persons differently because they do not conform to sex-role
expectations or because they are attracted to or are in relationships with persons
of the same sex).
Discrimination against persons with disabilities is prohibited by Section 504 of the
Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of
1990. This includes discrimination against individuals currently without an impairment
that substantially limits major life activity, but who have a record of or are regarded
as having a disability.
Discrimination on the basis of age is prohibited by the Age Discrimination Act of
1975.
As a recipient of federal financial assistance, BHSU must provide aid, benefits, or
services in a nondiscriminatory manner in an environment free from discriminatory
harassment that limits educational opportunities. Such aids, benefits, or services
may include but are not limited to, admissions, recruitment, financial aid, academic
programs, student treatment and services, counseling and guidance, discipline, classroom
assignment, grading, vocational education, recreation, physical education, athletics,
and housing.
The Office of Human Resources -- employment matters related to Equal Employment Opportunity and Affirmative Action
The Office of Disability Services -- questions or concerns related to reasonable accommodations
The Office of Title IX -- matters related to sexual harassment
What is Title IX?
Title IX is a federal law that prohibits discrimination and harassment in educational
programs, activities, and employment practices. It ensures equal access without regard
to sex, gender, race, color, national origin, religion, age, disability, pregnancy,
gender identity, sexual orientation, predisposing genetic characteristics, marital
status, veteran status, military status, domestic violence victim status, or ex-offender
status. BHSU is committed to providing an environment not impaired by sex and gender-based
misconduct, including sex discrimination and sexual harassment. This includes, without
limitation, sexual harassing, violent intimidating, or discriminatory conduct by its
students, employees, or any other member/visitor to the University community.
Who does Title IX protect?
This applies to anyone involved with University programs or activities including academic
programs, admissions, athletics, recruitment, financial aid, housing, and employment.
Title IX Covers...
Students
Staff
Faculty
Applicants
Visitors / Guests
BHSU Title IX Non-Discrimination Notice
Black Hills State University is committed to ensuring equal access to its educational
programs and employment opportunities without regard to sex, gender, race, color,
national origin, religion, age, disability, pregnancy, gender identity, sexual orientation,
predisposing genetic characteristics, marital status, veteran status, military status,
domestic violence victim status, or ex-offender status. Black Hills State University
is committed to providing an environment not impaired by sex and gender-based misconduct,
including sex discrimination and sexual harassment. Title IX of the Education Amendment
of 1972 is a federal law that prohibits discrimination on the basis of sex in educational
programs, activities, and employment practices. Therefore, students, employees, applicants,
and other members of the Black Hills State University community (including without
limitation, vendors, visitors, and guests) may not be subject to discrimination or
harassment or otherwise treated adversely based upon a protected characteristic. This
includes, without limitation, sexual harassment, sexual assault, domestic violence,
dating violence, and stalking. Similarly, the University will not tolerate harassing,
violent, intimidating, or discriminatory conduct by its students, employees, or any
other member of or visitor to the University community. This policy applies to conduct
occurring on campus, during any University program or activity on or off-campus or
abroad, including academic programs, admissions, athletics, recruitment, financial
aid, housing, employment, as well as certain off-campus conduct perpetrated or suffered
by a Black Hills State University student, employee, staff member, or third party
member of the University community.
- The University encourages individuals to report all gender-based misconduct immediately
to the Title IX Coordinator, one of the Title IX Volunteer Liaisons, or any University
staff member.
- The University will promptly respond to all allegations of gender-based misconduct.
- Title IX and the University strictly prohibit retaliation. Any person who attempts
to penalize, intimidate or threaten a person who makes a report or cooperates in an
investigation of gender-based misconduct, harassment, or discrimination will be disciplined.
Any person who believes he or she has been the victim of retaliation should immediately
contact the Title IX Coordinator or one of the Title IX Volunteer Liaisons.
This University policy is in accordance with federal and state laws and regulations
prohibiting discrimination and harassment. These laws include Title IX (prohibiting
discrimination and harassment based on sex), the Americans with Disabilities Act (ADA),
Section 504 of the Rehabilitation Act, and Title VII.
Under Title IX, the following conduct if based on sex constitutes sexual harassment:
- A school employee conditioning an educational benefit or service upon a person’s participation
in unwelcome sexual conduct (often called “quid pro quo” harassment);
- 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 school’s
education program or activity; or
- Sexual assault, dating violence, domestic violence, or stalking (as those offenses
are defined in the Clery Act, 20 U.S.C. § 1092(f), and the Violence Against Women
Act, 34 U.S.C. § 12291(a)).
Sexual Assault
Any sexual act directed against another person, without consent of the victim, including
instances where the victim is incapable of giving consent. Rape: 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. This offense
includes the rape of both males and females. Fondling: 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 capacity.
Incest: Sexual intercourse between persons who are related to each other within the
degrees wherein marriage is prohibited by law. Statutory Rape: Sexual intercourse
with a person who is under the age of consent. Any sexual touching other than non-consensual
sexual penetration without consent. Examples of non-consensual sexual contact may
include genital-genital or oral-genital contact not involving penetration; contact
with breasts, buttocks, or genital area, including over clothing; removing the clothing
of another person; and kissing.
Dating Violence
Acts of violence, threat, or intimidation that harm or injure a partner in a current
or former dating relationship. These acts may be physical, emotional/psychological,
sexual, or economic in nature. Dating relationship violence can be a single act or
pattern of behavior.
Domestic Violence
Domestic violence under the Title IX policy includes acts of violence, threat, or
intimidation that harm or injure members of a family or household, when those members
have, or have previously had, a sexual relationship. Students are deemed to be in
the same “household” when they share access to the same private living space or bathroom.
Stalking
Stalking under the Title IX policy is a course of conduct (i.e., more than one act)
directed at a partner in a current or former dating or sexual relationship that would
cause a reasonable person to feel fear or fear for the safety of a third person. Acts
that together constitute stalking may be direct actions or may be communicated by
a third party, and can include, but are not limited to: threats of harm to self, other,
or property; pursuing or following; non-consensual (unwanted) communication by any
means; unwanted gifts; trespassing; and surveillance or other related types of observation.
Unwelcome Conduct (Sex-Based Harassment)
Acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based
on sex or sex stereotyping that are so severe, pervasive, and objectively offensive
that it effectively denies a person equal access to the institution’s education program
or activity.
Were You Sexually Harassed?
Black Hills State University takes allegations of sexual harassment, assault, dating
violence, domestic violence, stalking, and sex-based harassment seriously. We want
to make sure that anyone who reports experiences related to such discrimination feels
safe, knows her or his rights, and is aware of all available resources and options.
Title IX-related experiences are some of the most difficult life experiences; support
and next steps for all parties can be difficult to navigate. Be assured that help
is here for you. We will support your title IX journey with privacy, dignity, equity,
due process, and most importantly, care.
If you suspect sexual harassment...
- You are encouraged to meet with the BHSU Title IX Coordinator (DYC Academic Office 202).
- The Title IX Coordinator will provide information regarding our procedures and resources.
- The Title IX Coordinator will conduct an initial interview and will ask for a statement
to help establish the case. As needed, supportive measures to protect the interests
of those involved in the investigation will be discussed and offered.
- Upon signed approval (via the submission of a Formal Complaint), the Title IX Coordinator
will then make arrangements for a formal investigation of the matter or will refer
the case to the appropriate office.
Consent is defined as informed, freely given, and mutually understood. Consent requires
an affirmative act or statement by each participant. If coercion, intimidation, threats
and/or physical force are used, there is no consent. If a person is mentally or physically
incapacitated or impaired so that the person cannot understand the fact, nature or
extent of the sexual situation, there is no consent; this includes conditions due
to alcohol or drug consumption or being asleep or unconscious. If a person is fifteen
(15) years old or younger, there is no consent. Whether one has taken advantage of
a position of influence over another may be a factor in determining consent. Consent
to any one form of sexual activity does not imply consent to any other form of sexual
activity. Consent to one sexual encounter does not imply consent to another sexual
encounter. Consent may be revoked at any time.
Pursuant to 20 U.S.C. § 1681, Black Hills State University must ensure that the Title
IX Coordinator, investigators, decision-makers, and any person who facilitates an
informal resolution process, receive training on the definition of sexual harassment
in § 106.30, the scope of the recipient’s education program or activity, how to conduct
an investigation and grievance process including hearings, appeals, and informal resolution
processes, as applicable, and how to serve impartially, including by avoiding prejudgment
of the facts at issue, conflicts of interest, and bias.
The BHSU Title IX Coordinator attended annual training conducted by SDBOR August 17-18,
2022 in Pierre, SD.
Pre to Post Training
Intake to Investigation Training