Title IX

The U.S. Department of Education's Office for Civil Rights enforces Title IX of the Education Amendments of 1972 (Title IX). Title IX states, among other things, "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance."

Title IX defines sexual harassment and requires Harding to follow specific procedures when addressing allegations of sexual harassment.

Harding University’s Title IX and Other Sexual Misconduct Policy pdf.

Statement of Non-Discrimination

Harding University does not unlawfully discriminate on the basis of sex and prohibits sex discrimination in any education program or activity that it operates, as required by Title IX, including employment and admission. Complaints of discrimination based on sex will be handled under the Title IX Misconduct Policy or other appropriate University grievance procedures.

Harding University's Religious Exemption

As a faith-based institution, the University is exempted from certain laws and regulations concerning discrimination. The University maintains the right, with regard to admissions, enrollment, employment, and other matters, to uphold and apply its religious beliefs related to, among other issues, marriage, sex (gender), gender identity, sexual orientation, sexual activity, pregnancy, and abortion. Individuals are strongly encouraged to report all incidents of Sexual Misconduct, including Title IX Sexual Harassment, Non-Title IX Sexual Harassment, Sexual Assault, Domestic Violence, Dating Violence, Stalking, and Sexual Exploitation, even when the individual has a concern that they have engaged in conduct that may violate other University policies or expectations related to sexual activity.

Resources

Title IX requires the University to authorize at least one employee to coordinate its efforts to comply with Title IX. Harding has designated two Title IX coordinators:

1. The University Title IX Coordinator is responsible for the University's overall compliance with Title IX and coordinates the University's response to formal complaints by students, is the University's contact for student complainants, and is the contact for reports from third parties.

2. The Title IX Coordinator for Employees coordinates the University’s response to formal complaints by employees against other employees and assists with employee respondent cases.

Title IX Coordinators:

Kevin Davis
University Title IX Coordinator
Assistant Director of Public Safety
Harding University
915 E. Market Ave.
Kendall Hall, Office 113
Searcy, AR 72149
501-279-5000
kdavis@harding.edu

Amie Carter
Deputy Title IX Coordinator for Employees
Assistant Director of Human Resources
Harding University
915 E. Market Ave.
Ezell Building, Office 131
Searcy, AR 72149
501-279-4027
ascarter@harding.edu

Debra Nesbitt
Deputy Title IX Coordinator for Students
Pryor Hall Residence Life Coordinator
Harding University
915 E. Market Ave.
Pryor Hall, RLC Office
Searcy, AR 72149
501-279-5900
dnesbitt@harding.edu

Amanda Colon
Deputy Title IX Coordinator for Students
Graduate Hall Residence Life Coordinator
Harding University
915 E. Market Ave.
Graduate Hall, RLC Office
Searcy, AR 72149
501-305-8433
aecolon@harding.edu

Title IX Training for Coordinators, Investigators, and Hearing Officers

Title IX coordinators, investigators, and hearing officers receive training on the definitions of misconduct under the Title IX Misconduct policy, the scope of Harding’s education program or activity, how to conduct an investigation and grievance process including hearings and appeals, and how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias. These individuals receive annual training on the issues related to domestic violence, dating violence, sexual assault, and stalking and how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability.

Investigators receive training on issues of relevance to create an investigation report that fairly summarizes relevant evidence. Hearing officers receive training on issues of relevance of questions and evidence, including when questions and evidence about the complainant's sexual predisposition or prior sexual behavior are not relevant.

Materials used to train Title IX coordinators, investigators, and hearing officers will not rely on sex stereotypes and will promote impartial investigations and adjudications of formal complaints of Title IX misconduct.

Materials used to train Title IX coordinators, investigators, and hearing officers can be found here:

Annual Title IX/VAWA Hearing Panel Training

Title IX/VAWA Investigator Training Under the 2020 Title IX Regulations

Annual Training for New Title IX Coordinators and Deputy Coordinators

Annual Title IX/VAWA Hearing Panel Training

Informal Resolution Training

Victim Rights page

Security Report page

The NCAA Board of Governors issued a revised Policy on Campus Sexual Violence on April 27, 2021. Starting in the 2022-2023 academic year, this policy requires that students participating in athletics annually disclose whether they have engaged in conduct that resulted in discipline through a Title IX or sexual misconduct proceeding or in a criminal conviction for sexual, interpersonal, or other acts of violence. Transfer student-athletes also must disclose whether a Title IX or sexual misconduct proceeding was incomplete at the time of transfer. The policy also requires institutions to take reasonable steps to confirm whether these student-athletes have been disciplined or convicted for such conduct, and requires imember institutions to share relevant disciplinary information with each other when a student-athlete attempts to enroll in a different member institution.

The NCAA recognizes each member institution must collect and confirm this information in a manner consistent with federal and state law and may choose to collect additional information beyond the scope of the NCAA Board of Governors Policy on Campus Sexual Violence based upon their own policies and procedures.

Harding University educates all student-athletes, coaches, and staff each year on sexual violence prevention, intervention, and response. For more information see Harding University's NCAA student-athlete serious misconduct policy.pdf.

Title IX regulations state that all Harding employees must receive annual training. As a Harding employee you are required to report immediately any information you know about suspected prohibited conduct or potential violations of the Sexual Misconduct Policy. Reports must be made to a Title IX Coordinator. Professional counselors acting in their capacity as a counselor are confidential resources and not required to report Title IX violations.

Materials used to train employees:

Title IX and Other Harassment Employee Training PPTX

Title IX and Other Sexual Misconduct Student Training PPTX

Bystander Intervention PPTX