Title IX FAQ

Title IX is a federal civil rights law that prohibits discrimination based on sex in educational programs and activities that receive federal funds. Compliance with Title IX is enforced by the U.S. Department of Education (DOE), which publishes regulations that explain how educational institutions like Duke must comply with Title IX. The regulations specifically address how institutions like Duke must respond to certain allegations of sexual harassment.

In April 2024, the DOE published regulations that changed key provisions from the prior 2020 regulations. However, in January 2025, a federal court vacated the 2024 regulations. As a result, institutions must once again abide by the 2020 regulations.

The regulations prohibit sexual harassment, including sexual assault, domestic violence, dating violence and stalking on the basis of sex. They prohibit quid pro quo sexual harassment by employees and unwelcome sexual conduct that is so severe, pervasive and objectionably offensive that it effectively denies a person equal access to the University.

In order to fall under the Title IX regulations, the conduct must have occurred in the United States and within a Duke program or activity, including in a building owned or controlled by Duke or a recognized student organization. In addition, the complainant (impacted person) must be attempting to participate in a Duke program or activity at the time they file a complaint.

Yes. Duke remains committed to addressing all forms of sexual misconduct, even if the misconduct does not meet the definitions under Title IX. This means Duke will address sexual misconduct that occurs outside of the U.S. or outside of a Duke program or activity (e.g., in an off-campus apartment).

There is an umbrella policy that encompasses all misconduct related to discrimination, harassment, sexual misconduct and Title IX called the Policy on Prohibited Discrimination Harassment and Related Misconduct. There are three corresponding procedures that accompany the umbrella policy:

• Procedures for Responding to Reports and Complaints of Title IX Sexual Harassment – these procedures apply when the allegations concern conduct that rises to the definition of sexual harassment under the Title IX regulations.
• Procedures for Responding to Reports and Complaints of Discrimination, Harassment and Related Misconduct Involving Student Respondents – these procedures apply to all other allegations of discrimination or harassment (including sexual harassment outside of the Title IX regulations) made against a student.
• Procedures for Responding to Reports and Complaints of Discrimination, Harassment and Related Misconduct Involving University Faculty and Non-Faculty Staff Respondents – these procedures apply to all other allegations of discrimination and harassment (including sexual harassment outside of the Title IX regulations) made against a faculty or staff member.

The key differences relate to Formal Complaints, Alternative Resolution, and Hearings.

• To initiate the Title IX grievance process, a formal complaint (written document or electronic submission) is required.
• In all cases of discrimination and harassment, the parties have the option to request an Alternative Resolution to the formal investigation and adjudication process. However, in Title IX cases, if the impacted person is a student and the accused person is an employee, Duke cannot permit Alternative Resolution.
• In all cases of discrimination and harassment involving students, if the impacted party wants the matter to be adjudicated, the matter goes to a hearing (via Zoom) before an impartial Hearing Officer. In Title IX cases, Duke is required to permit cross examination of each party at the hearing. Duke appoints special Title IX Hearing Advisors to conduct the cross examination so that the parties do not question one another directly. (In non-Title IX cases, questioning is conducted by the Hearing Officer.)

You do not have to figure out which procedures applies to your situation. OIE will assess which procedures apply, whether or not an investigation is initiated, or if an alternative resolution would be appropriate.

Because of the Title IX regulations, Duke’s policy must use the definitions of sexual assault, dating violence, domestic violence and stalking that are found in the Violence Against Women Act (VAWA) amendments to the Clery Act. These definitions include legalistic terms that are grounded in the criminal law.

In any case of discrimination or harassment, each party is permitted to have an advisor of their own choosing to provide support and guidance, including accompanying them to any meeting in resolution of the complaint. (An advisor could be a lawyer, social worker or any other person who is not a fact witness, preferably.) Prior to the hearing, an advisor acts in a non-speaking role. At a Title IX hearing, the Advisor asks all questions of other parties and witnesses and can continue to provide support to their advisee.  If you don’t have an advisor for the hearing, Duke will appoint a Title IX Hearing Advisor. (See Title IX Sexual Harassment Grievance Procedures, § VIII. Advisors)

No, you can have a different Advisor for the hearing than the Advisor who supported you in the process prior to the hearing.

Yes. Duke will continue to address all complaints of sexual misconduct even those that occur abroad when the misconduct significantly interferes with an individual’s ability to participate in or benefit from Duke programs or activities or the terms and conditions of employment. In all cases the parties will be offered supportive measures.

Yes. Duke will continue to address all complaints of sexual misconduct even those that occur off campus when the misconduct significantly interferes with an individual’s ability to participate in or benefit from Duke programs or activities or the terms and conditions of employment. In all cases the parties will be offered supportive measures.

The Duke University Police Department will assist any affected individual with notifying local police if the incident occurred off campus. DUPD suggests calling 9-1-1 in any emergency or 919-684-2444 for non-emergencies. The police are not a confidential resource.

You can contact the Title IX Coordinator or the Deputy Title IX Coordinator for Students at titleix@duke.edu, who will coordinate with Duke Access and Accommodations Services to evaluate the request.

You should contact the Title IX Coordinator or the Deputy Title IX Coordinator for Students at titleix@duke.edu when the need arises, or if you have any questions. OIE will consider potential supportive measures in all cases.

No. Recognizing that there will be range of reactions and responses to sexual misconduct, individuals are encouraged to report sexual misconduct to OIE as soon as possible. The University may be limited in its ability to gather information depending on how much time has passed, the availability of witnesses, and whether the university has jurisdiction over the respondent (for example, a student who has graduated, or an employee who has left their position).

You can make a report through OIE’s Report an Incident page. After you make a report, you will receive an outreach email to schedule a meeting to discuss, among other things:

• Safety concerns,
• The availability of supportive measures designed to restore or preserve access to education programs and activities and protect the safety of all parties (e.g., changes to housing or classes or advisors, no contact directives, counseling, negotiation of extracurricular participation), and
• Paths of resolution.

During this meeting, you do not have to decide upon any course of action. You are not required to respond or to participate in the process. In some cases, the University might be required to take some action without your involvement.  For example, if there is a potential threat to safety on the campus or where there are multiple victims of a single accused person. OIE will continue to provide support and information throughout the process.

You can find list of confidential and nonconfidential resources for students, staff and faculty in the PPDHRM’s Resources and Reporting Options section. Confidential sources are not required to share information with any other office at Duke, including OIE.

All faculty, employees with teaching or supervisory authority and graduate students with teaching or supervisory authority are Responsible Employees, among others. Responsible Employees are expected to be discreet but are required by the university to promptly consult with OIE, sharing known details about any incident that could be sexual misconduct. Responsible employees are not confidential sources. Once a Responsible Employee brings the information to OIE, we (or the Dean of Students Office) will send you an outreach email inviting you to meet with an OIE or Dean of Students staff member. You are not required to attend the meeting.

If you have any question about whether you are a Responsible Employee or questions concerning your Responsible Employee duties, please contact OIE for clarification.

OIE will work with you and the Dean of Students Office or the appropriate administrators to determine appropriate supportive measures even if you do not file a formal complaint. You can consider a formal complaint at a later date. Respondents and other participants in the disciplinary process may also request supportive measures. The University works closely with the individual requesting the supportive measure to implement reasonable measures that preserve or restore access to the education or work environment, promote safety, and deter prohibited conduct, while not unduly burdening any other individual, Supportive measures are documented and tracked by the university. (See PPDHRM § VI. Supportive Measures)

If a complaint has been filed and accepted, you will receive via email a Notice of Allegations from OIE with specific information about the allegations, the procedure, your rights (including right to an advisor who may be an attorney), supportive measures, and other information.

You can contact the Title IX Coordinator or the Deputy Title IX Coordinator for Students at titleix@duke.edu with any questions or concerns.