Title IX Policy

Title IX

Within the scope of its Title IX-related policies and procedures, Martin Luther College does not restrict any rights guaranteed against government action by the U.S. Constitution, including those rights enunciated in the First and Fourth Amendments of the U.S. Constitution and the Due Process Clauses of the Fifth and Fourteenth Amendments of the U.S. Constitution.

Martin Luther College will comply with Title IX regulations, policies and procedures irrespective of FERPA provisions to the contrary. Nothing in these regulations will be used to deny any individual’s rights under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq. or any regulations promulgated thereunder. Nothing in these regulations will deny any legal right of a parent or guardian to act on behalf of a “complainant,” “respondent,” “party,” or other individual, including the ability to file a formal complaint.

If these regulations conflict with a State or local law applicable to Martin Luther College, Title IX regulations pre-empt that law to the extent of the conflict, and the college will follow them accordingly.

This policy addresses the requirements of Title IX of the Education Amendments of 1972 (“Title IX”), which is a federal law that prohibits sex discrimination in federally funded education programs and activities. Title IX states as follows:

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.

Discrimination on the basis of sex (i.e., sex discrimination) includes sexual harassment, sexual assault and sexual misconduct. Title IX prohibits sex discrimination in both the educational and employment settings.