FAQs regarding Title IX Sexual Harassment Policy and University Sexual Misconduct Policy

Last updated July 2022

In May of 2020, the U.S. Department of Education issued new regulations mandating how colleges and universities must investigate and adjudicate sexual misconduct cases under Title IX, a federal statute that prohibits discrimination on the basis of sex or gender in any federally-funded education program or activity. Like all educational institutions that receive federal funding, Princeton was required to amend its current policies to implement these new regulations; as a result, the University has issued new policies relating to sexual misconduct.

One policy, the Title IX Sexual Harassment policy, addresses sexual misconduct that falls within the U.S. Department of Education’s Title IX regulations. This policy is specifically limited in its jurisdiction.
A second policy, the University Sexual Misconduct policy, addresses sexual misconduct that does not fall within the scope of the U.S. Department of Education’s Title IX regulations.

These FAQs are intended to provide responses to frequently asked questions related to these policies. However, the Title IX Sexual Harassment policy and the University Sexual Misconduct policy themselves are the best sources of information. In addition, you are encouraged to visit the Sexual Misconduct & Title IX website and the Sexual Misconduct Investigations website, which provide additional detailed information on topics such as supportive measures, the alternate resolution process, investigations, appeals, and advisers.

1. What University policies govern sexual misconduct?

The University has two policies that govern sexual misconduct: the Title IX Sexual Harassment policy and the University Sexual Misconduct policy. (In addition, the Policy on Discrimination and Harassment addresses discrimination and harassment based on protected characteristics, including sex, gender identity or expression, and sexual orientation.)

2. Under these two policies, will conduct that previously (prior to August 2020) constituted a violation of University policy continue to constitute a violation of University policy?

Yes. Conduct that previously constituted a violation of University policy will continue to constitute a violation of University policy. However, such conduct may be adjudicated under different grievance procedures (e.g., the Title IX Sexual Harassment policy, the University Sexual Misconduct policy, the Policy against Discrimination and Harassment).

3. What kinds of conduct fall under the Title IX Sexual Harassment policy versus the University Sexual Misconduct policy?

The Title IX Sexual Harassment policy and the University Sexual Misconduct policy are inter-related and must be read together.

Title IX Sexual Harassment Policy

The Title IX Sexual Harassment policy is based on definitions set forth in regulations promulgated by the U.S. Department of Education under Title IX, and the scope of the policy is limited under the regulations to the following:

conduct that occurs within the United States; and
conduct that occurs within the University’s education program or activity.

When those two parameters have been met, the policy applies to allegations of Quid Pro Quo Sexual Harassment, Title IX Sexual Harassment, Sexual Assault, Domestic Violence, Dating Violence, and Stalking.

For example, depending on the circumstances, the following types of allegations would likely fall under the Title IX Sexual Harassment policy:

Student A alleges that Student B sexually assaulted them in Student A’s on-campus dormitory room/apartment.
Student A alleges that Student B engaged in dating violence at Frist Campus Center.
Student A alleges that Faculty Member B engaged in severe and pervasive sexual harassment of them in an on-campus laboratory.
Student A alleges that Faculty Member B engaged in quid pro quo sexual harassment of them during field work in California.

University Sexual Misconduct Policy

The University Sexual Misconduct applies to allegations of Quid Pro Quo Sexual Harassment, Title IX Sexual Harassment, Sexual Assault, Domestic Violence, Dating Violence, and Stalking that do not fall under the parameters of the Title IX Sexual Harassment policy. Therefore, the University Sexual Misconduct policy may apply to:

conduct that occurs in the local vicinity (e.g., an eating club) but outside of a University program or activity; or
conduct that occurs outside of the United States when the conduct is associated with a University-sponsored program or activity, such as travel, research, or internship programs; or
conduct that involves the use of the University’s computing and network resources from a remote location, including but not limited to accessing email accounts.

In addition, the University Sexual Misconduct policy applies to certain forms of sexual misconduct that do not fall under the scope of the Title IX Sexual Harassment policy, including Sexual Exploitation, Improper Conduct related to Sex, and University Sexual Harassment.

For example, depending on the circumstances, the following types of allegations would likely fall under the University Sexual Misconduct policy:

Student A alleges that Student B sexually assaulted them in an eating club.
Student A alleges that Student B sexually assaulted them while attending a study abroad program in Japan.
Student A alleges that Student B engaged in dating violence at a restaurant on Nassau Street.
Student A alleges that Faculty Member B engaged in quid pro quo sexual harassment of them at an academic conference in France.
Student A alleges that Student B engaged in sexual exploitation of them (in any setting).

4. What are some of the main differences between the Title IX Sexual Harassment policy grievance process and the University Sexual Misconduct grievance process?

Many aspects of the two processes are very similar, including the initial assessment, the investigation, sanction determination, and appeal. There are some key differences, however, including:

During the Title IX Sexual Harassment hearing, parties’ advisers can cross-examine (directly question) the other party and witnesses, provided that the questions are deemed relevant. In contrast, during the University Sexual Misconduct hearing, parties may only submit written cross examination questions for the other party and witnesses.

5. How will I know which policy applies to the alleged conduct?

If you are a complainant who is interested in learning more about potential disciplinary options, we encourage you to contact the Office of Gender Equity & Title IX Administration ([email protected]). If you were interested in pursuing further options, you would be asked to file a formal complaint, at which point an initial assessment would be conducted by the University Sexual Misconduct/Title IX Coordinator in order to determine which policy most appropriately applies to the alleged conduct.

Following the initial assessment of a formal complaint, both parties will be notified in writing regarding next steps (e.g., regarding an investigation or alternate resolution process).

6. What if the alleged conduct falls under both policies (e.g., multiple acts of dating violence that occurred both on and off-campus)?

When an initial assessment or investigation indicates that both the Title IX Sexual Harassment policy and the University Sexual Misconduct policy may apply to the allegations, the grievance process set forth in the Title IX Sexual Harassment policy will apply to all allegations.

7. Which policy applies if the alleged conduct occurred prior to the implementation of the new policies (August 3, 2020)?

Consistent with the "Questions and Answers on the Title IX Regulations on Sexual Harassment" released by the U.S. Department of Education's Office for Civil Rights on July 20, 2021, generally, we will seek to apply the definition of prohibited conduct in place at the time of the alleged conduct, but will apply the current procedures (e.g., the processes set forth in the current Title IX Sexual Harassment policy or the University Sexual Misconduct policy). The University does reserve the right to make appropriate adjustments to promote fairness and consistency. The parties will be notified in advance of any proceedings which definition(s) and procedures apply.

8. Who will serve as my adviser during an investigation/adjudication under the Title IX Sexual Harassment policy or the University Sexual Misconduct policy?

Under both policies, throughout the investigation/adjudication process, each party may have an adviser of their choice to provide guidance throughout the process. An adviser may be a member or non-member of the University community and may be an attorney. If a party seeks to engage an attorney to serve as their adviser, the University will provide certain pre-determined financial resources to assist in that engagement. For additional information, see FAQs regarding Choosing an Adviser.

9. What if I am not interested in a formal disciplinary investigation but would like to take some action—are alternate resolutions available?

Yes. The new regulations permit universities to facilitate the resolution of sexual misconduct cases through an alternate process, within certain parameters. For more information, please see the Alternate Resolution Process FAQs.

10. What kinds of training does the University provide to those with responsibilities under the Title IX Sexual Harassment policy and the University Sexual Misconduct policy?

The University provides appropriate training to University officials with responsibilities under the Title IX Sexual Harassment polity and the University Sexual Misconduct policy, including the University Sexual Misconduct/Title IX Coordinator, employees in the Office of Gender Equity and Title IX Administration, investigators, Hearing Panel members, Sanction Officers, Appeal Panel members, and any individual who facilitates the alternate resolution process. For additional information, see section XIII of the Title IX Sexual Harassment policy and section XII of the University Sexual Misconduct policy.

11. What happens if one party allegedly violates the terms of a private agreement between the parties?

If parties enter into a private agreement (e.g., civil restraining order), the University is not a party to the private agreement and is not responsible for enforcing its terms. The parties to the private agreement are responsible for resolving any concerns related to the agreement. If there is reported conduct that may constitute a violation of University policy, the appropriate University office will review the matter in accordance with applicable procedures.