Title IX - Midwives College of Utah

Title IX Policy and Procedures

The following policy articulates Midwives College of Utah’s expectations to ensure the right of its students, faculty, staff and community to participate in an environment conducive to nurturing Midwives of Excellence. To this end, MCU does not tolerate sexual misconduct, discrimination or harassment of any kind and endeavors to maintain an environment where individuals feel safe and secure in their surroundings so that they are able to pursue the opportunities afforded to them. This policy applies to all MCU community members, including students, applicants for admission, faculty, administrators, staff, volunteers, vendors, conference instructors and attendees, independent contractors, and any individual(s) temporarily employed, participating, visiting, conducting business or under the control of MCU in its official capacity. This policy applies to conduct occurring on MCU property, or at MCU sponsored events or programs off campus and applies to circumstances over which MCU exercises substantial control over both the respondent and the context in which the sexual harassment occurred. Additionally, this policy applies to any online conduct, using MCU technology, that MCU determines may interfere with an individual’s right to a non-discriminatory educational or work environment. This policy applies regardless of the sexual orientation or gender identity of any of the parties. For complete information regarding MCU’s policies regarding sex discrimination and sexual misconduct, filing a complaint, and available resources for those who feel they have experienced sex discrimination, harassment or sexual misconduct, please contact MCU’s Title IX Coordinator at titleix@midwifery.edu or by calling 801-649-5230 ext 807.

I. Non-discrimination Statement

In accordance with Title IX, and as part of its ongoing commitment to an educational environment free of discrimination, Midwives College of Utah (hereafter referred to “MCU”) does not discriminate on the basis of sex or gender in its educational, extracurricular, or other programs, or in the context of admissions or employment. MCU prohibits all forms of sex discrimination, including sexual harassment, gender-based harassment, sexual violence, and differential treatment in every phase of operation. MCU prohibits and will not tolerate harassment on the basis of race, color, religion, national origin, sex, pregnancy, sexual orientation, gender expression, gender conformity, parental or marital status, age, disability, veteran status, genetic information or any other perceived or actual classification protected by applicable law. MCU complies with all major federal and Utah state laws as well as all other applicable governing regulations and standards, including but not limited to those of Title IV and its accrediting body.”

Pursuant to achieving its mission of nurturing Midwives of Excellence, MCU established and enforces community standards of behavior. Members of MCU’s community will be held accountable for their actions and behavior as they relate to established federal and state law as well as MCU policies, in our online campus and services and during any MCU sponsored events.

II. Summary of Title IX

As an educational institution that receives federal funds, MCU complies with and takes seriously the legal requirements of Title IX of the Education Amendments of 1972, otherwise known as Title IX. Title IX of the Education Amendments of 1972 is a federal law that provides that:

“No person in the United States shall, on the basis of sex, be excluded from participation in, denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.” Essentially, Title IX prohibits discrimination on the basis of sex—including pregnancy, parenting and all related conditions, such as abortion—in educational programs and activities that get federal funding. Sexual misconduct, including sexual harassment, sexual violence and sexual assault, is a type of sex discrimination and is prohibited by Title IX and by MCU. Sexual misconduct can include sexual harassment, sexual assault, gender-based harassment, intimate partner violence, domestic violence and stalking.

The Midwives College of Utah understands that as a distance educational institution our “campus” and instructional activity is primarily online. Nevertheless, we will not tolerate any violations of Title IX and have created mechanisms to address such situations as mandated by and in compliance with federal law. Individuals who are members of MCU’s community have a responsibility to lawfully and responsibly represent themselves at all times. MCU reserves the right to exercise its discretion in pursuing disciplinary action against individuals whose actions disrupt MCU’s functioning as an institution of higher education, interferes with MCU’s reputation or otherwise affects the safety and well-being of the MCU community in violation of the law or MCU’s own policies and codes of conduct. Violations of this policy will not be tolerated, and may result in formal disciplinary action that may include probation or termination of employment. Action may also be taken against anyone who fails to report a violation or withhold relevant information concerning a violation of this policy.

III. MCU’s Community Expectations

The Midwives College of Utah strives for intentional community by investing in life-giving, life-affirming and life-sustaining relationships. We recognize that a strong community is grown through conscious interaction with others and a commitment to the growth, development and well-being of every other member of our community. Ongoing critical self-reflection of our attitudes, behaviors, and values facilitates organic growth of a thriving community. Each member of the MCU community will commit to:

Accept responsibility for the well-being, equitable treatment, and success of each person;
Act ethically and with integrity in all interactions;
Continually strive to acquire the knowledge, skills, attitude, and self-awareness needed to be responsible members and leaders of our community;
Establish relationships of trust and honesty where the integrity of each person is respected;
Honor the worth of everyone, including their rights to self-determination, privacy and confidentiality;
Respect the identities each person holds and strive to eliminate the effects of socialized biases;
Treat each other with courtesy, openness, understanding and forgiveness;
Use our recognition of power, privilege, difference, and discrimination to actively address issues of equity and inclusion;

We commit to making this a living statement and work to create the community to which we aspire. For a full description of our community rules of caring, please visit: https://www.midwifery.edu/community-rules-of-caring/

Discrimination free environment

The Midwives College of Utah, as an institution of higher education and as a community of scholars and midwives, affirms its commitment to the elimination of discrimination and discriminatory harassment, and to the provision of equal opportunity for all. A key objective of the Midwives College of Utah is the creation and maintenance of a positive atmosphere of nondiscrimination in every phase and activity of MCU operations.

Harassment and intimidation can impede an individual’s ability to participate fully in educational processes. Acts of discrimination, harassment and insensitivity hurt and degrade all members of the community whether target, perpetrator, or observer. Every member of the MCU community is responsible for creating and maintaining a climate free of discrimination and harassment.

MCU is committed to providing equal opportunity and equal access and to complying with all applicable federal and state of Utah laws and regulations and MCU non-discrimination policies and procedures.

Federal and Utah state statutes and regulations and MCU policies prohibit discrimination, including discriminatory harassment and retaliation, against students, applicants for admission, and others taking part in MCU educational programs and activities including, but not limited to, issues involving admissions and enrollment, educational environment, coursework, approved clinical work, student services, programs, activities, and facilities based on:

Age; Ancestry; Race or ethnicity; Color; Conviction Record; Cultural Background; Declining to attend a meeting or participate in any communication about religious matters or political matters; Disability; Ethnicity; Gender expression; Gender identity; Genetic testing; Honesty testing; Marital status; Military obligations (including membership in the national guard; state defense force or any other reserve component of the military forces of the United States or the state of Utah); National origin; Pregnancy (including childbirth or related conditions); Race; Religion; Retaliation for making a complaint or grievance of discrimination, or taking part in an investigation relating to discrimination, or opposing discrimination; Sexual identity; Sexual/affectional orientation; Use or nonuse of lawful products off the employer’s premises during non-working hours. Also covered is any other non-discrimination category that may be subsequently added, even if not included in the above list, as a result of federal or State of Utah court, legislative, or regulatory action, or action taken by the Midwives College of Utah.

MCU policy prohibits use of MCU technology (computers, e-mail systems, voice mail systems, web pages, bulletin boards, and MCU Facebook groups) in any manner that would result in discrimination on any of the bases listed above.

At MCU, sexual harassment includes any instance of quid pro quo harassment by an MCU employee; any unwelcome conduct that a reasonable person would find so severe, and pervasive and objectively offensive that it denies a person equal education access[1]; any instance of sexual assault as defined by the Clery Act,[2] dating violence, domestic violence, or stalking as defined in the Violence Against Women Act.[3] Where harassment falls outside Title IX’s jurisdiction, MCU retains the right and responsibility to address said harassment in any manner MCU chooses. This may apply in instances of sexual or gender-based verbal, written, or physical conduct that is unwanted and unreasonably interferes with or deprives someone of academic, social, or work-related access, benefits, or opportunities in the MCU community, or creates an environment that interferes with the wellbeing and/or success of an individual.

[1] Davis v. Monroe County Bd. of Ed., 526 U.S. 629 (1999)
[2] 20 U.S.C. § 1092(f) (2018)
[3] 42 U.S.C. § 13981 (2000)

IV. Title IX Coordinator

Any student, faculty, administrator, staff member, or applicant for admission who has concerns about sex discrimination including sexual harassment, sexual violence, or sexual misconduct is encouraged to seek the assistance of MCU’s Title IX Coordinator.

For example, we encourage you to contact a Title IX Coordinator if you:

Wish to understand your options if you think you may have encountered sex discrimination or sexual misconduct
Learn of a situation that you feel may warrant a College investigation
Need help on how to handle a situation by which you are indirectly affected
Seek guidance on possible methods of de-escalating or alleviating a difficult situation
Have questions on MCU’s policies and procedures

The Title IX Coordinator’s responsibilities include overseeing MCU’s response to complaints of sexual misconduct, coordinating investigations into allegations of sexual misconduct, ensuring students and employees receive appropriate education and training, and endeavoring to address any patterns or systemic issues of sexual misconduct arising during or following the investigation of a sexual misconduct complaint. MCU has designated Masha Mesyef as its Title IX coordinator.

She may be contacted at:

Masha Mesyef

Title IX Coordinator
titleix@midwifery.edu
801-649-5230 ext 807

V. Title IX Complaint Procedure

If you believe you or someone you know has experienced a violation of this policy, please contact the Title IX Coordinator. When the Title IX Coordinator becomes aware of an incident which may involve gender-based misconduct, either by a potential complainant or third party, a Preliminary Assessment meeting will be conducted to determine an initial basic understanding of the nature and circumstances of the incident, determine if the complainant requires any assistance with MCU’s Complaint Procedure. A confidential log of the conversation will be maintained. During this meeting, the potential complainant and/or third party will be provided with information about rights, resources, procedural options, and remedial measures as well as MCU’s policies and resources. MCU may offer supportive measures to a complainant even where a formal investigation or grievance process does not occur.

A reasonable assessment of the safety of the individual and of the campus community will be made by a small interdepartmental team. The team will consider the interest of the complainant and the complainant’s expressed preference for the manner of resolution. Where possible, and as warranted by the facts and circumstances, the University will seek action consistent with the complainant’s request. If the nature of the circumstances requires reporting to the police, the Title IX Coordinator will contact the police department local to the complainant and alleged harasser.

Corresponding Procedures:

Dissemination of Policy: MCU will publish its policy in the following documents: the MCU website, the Student Code of Conduct, the Student Handbook & Course Catalog, and the Employee Handbook and any additional places as needed. The Title IX Coordinator will send the policy to existing faculty, staff, students and administrators. The Title IX Coordinator will ensure this policy is widely distributed and accounts for variable hiring and enrollment dates. A training on the policy and administrative procedures is available on demand for MCU students and stakeholders.

Self-Evaluation: The Title IX Coordinator will assess MCU’s current policies and procedures as they affect the admission of students, treatment of students, and employment of both faculty and staff working at any phase of MCU’s operation. This evaluation was completed on March 1, 2019, and will be completed every two years thereafter. Any MCU policy or procedure that does not comply with the requirements of Title IX will be subject to the steps necessary to modify the policy and procedure to bring it into compliance with Title IX and will be subject to appropriate steps required to remedy any discrimination resulting from noncompliant policies. Records of the evaluation and any subsequent modifications will be kept by the Title IX Coordinator for at least three years and will be provided to the Department of Education upon request.

Violations: Violations will be reported to and documented by the Title IX Coordinator. The Title IX Coordinator will be responsible for documenting the violation in appropriate institutional records, reporting the violation to the US Department of Education (as applicable), reporting to local authorities as applicable, and if appropriate, convening a committee to determine the appropriate sanctions for a violation.

Review of Policy: MCU will conduct a Biennial Review to assess the effectiveness of its Title IX Policy and Procedure and will submit a report to the institution’s President and/or Board of Directors. This review will be conducted by the Title IX Coordinator and/or additional experts assigned by the President of MCU, either internal or external to MCU. The lead evaluator will be appointed no later than March 1st of the biennial year, and the investigative team will convene no later than April 1st. Evaluation should occur between April through June of the biennial year with the final report being delivered to the President by July 15th. The report will cover: data collection methods for evaluation; effectiveness of the institution’s Title IX policy and grievance procedures; the number and type of violations as well as sanctions; and recommendations for improvement and change. The President will determine the timing and nature of all recommendations identified in the report and will work with the Title IX Coordinator to strategically implement recommendations into MCU operations.