Office of Title IX/Equal Opportunity
The Office of Title IX and Equal Opportunity is housed within the Office of Human Resources and under the supervision of the Office of General Counsel. Together, we play an integral role in maintaining a university environment that promotes equal access to education, employment, living and social pursuits.
We are committed to providing an environment that is free from discrimination, harassment, sexual harassment and hazing.
Reporting Avenues
We stand ready to respond to allegations of discrimination and harassment, which can be reported to:
Michelle Johnson, Ed.D. – Title IX/EO Coordinator
Morrill Hall, Room 100
605-688-4128
sdsu.equal.opportunity@sdstate.edu
Allegations of hazing can be reported to:
Toby Uecker – Dean of Students
Morrill Hall, Room 312
605-688-4493
Concerns that are criminal in nature may also be reported to local law enforcement officials. Alleged conduct that occurred on property owned or controlled by the university may be reported to the University Police Department by calling 605-688-5117.
We offer equal opportunities in employment and for access to and participation in education, extension and other services to all persons qualified by academic preparation, experience and ability for the various levels of employment, academic program or other services. Discrimination or harassment based on or related to a person's legally recognized protected categories is prohibited.
For additional information, please refer to the university's equal opportunity and nondiscrimination policy (4:3).
Sex-based discrimination and harassment are strictly prohibited. Conduct protected under Title IX is categorized as sexual harassment, and includes sexual harassment, dating violence, domestic violence, sexual assault and stalking. Such misconduct interferes with the ability of individuals to realize the benefits of educational, employment, residential and social opportunities. Title IX also prohibits retaliation. Immediate action is taken to eliminate sexual harassment, prevent its recurrence and address its effects.
For additional information, please refer to the university's policy prohibiting sexual harassment (4:4).
Hazing is strictly prohibited under University Policy 3:1 – Student Conduct Code. Hazing includes any activity expected of someone joining or participating in a group that creates a heightened risk of physical or psychological injury, regardless of that individual’s willingness to participate in the activity. Allegations of hazing are addressed under the supervision of the dean of students.
We respond to all allegations of Title IX and equal opportunity violations. Independent investigations, separate from law enforcement investigations, are conducted in a prompt, thorough and impartial manner. Allegations of discrimination and harassment, other than sexual harassment, are investigated in accordance with University Policy 4:6 – Human Rights Complaints. All investigations are conducted by the South Dakota Board of Regents Office of Title IX and Equal Opportunity Investigations. Allegations of sexual harassment are investigated in accordance with University Policy 4:4 – Sexual Harassment. When a formal complaint is signed, an investigation into the allegations will occur if the alleged conduct, if taken as true, would constitute sexual harassment. Investigations are conducted by the Board of Regents Office of Title IX and Equal Opportunity Investigations.
The Title IX and equal opportunity coordinator responds to reports, allegations and inquiries about discrimination, harassment and sexual harassment, which includes sexual assault, domestic violence, dating violence and stalking. The Title IX and equal opportunity coordinator plays an integral role in carrying out the university's commitment to positive learning, living and working environments by taking immediate action to eliminate discrimination and harassment, prevent its recurrence and address its effects; ensuring grievance procedures are adopted and published for responding to allegations of discrimination and harassment; conducting ongoing trainings; and remaining knowledgeable about civil rights legislation.
Students
Student Counseling Services – Confidential
SDSU Miller Wellness Center
605-688-4157
Dean of Students
Morrill Hall, Room 312
605-688-4493
Office of the Dean of Students
Office of Student Accessibility
University Student Union, Room 271
605-688-4504
Office of Student Accessibility
Employees
Lyra – Employee Assistance Program
833-872-0201
Ombuds Office
Berg Agricultural Hall, Room 114
605-688-6474
Office of the Ombuds
Americans with Disabilities Act Coordinator
Morrill Hall, Room 100
605-688-5748
Americans with Disabilities Act Coordinator
General Resources
What is alcohol amnesty?
In accordance with University Policy 3:1:
The university will not pursue any disciplinary action related to any alcohol or drug consumption against any student who has been sexually assaulted or sexually harassed for their use of alcohol at the time of the sexual assault or sexual harassment.
Who are the complainant and respondent?
Complainants are individuals who have allegedly been subjected to discrimination or harassment.
Respondents are individuals who allegedly subjected another person to discrimination or harassment.
How is confidentiality upheld, and what is a disclosure of information?
Allegations are regarded in a highly sensitive manner. Reasonable efforts will be made to maintain the privacy of the complaint. However, it may become necessary to disclose individuals’ identities.
Complainants are notified that a decision not to participate in the investigation process will likely limit our ability to fully respond to the allegations.
How are discrimination and harassment defined?
Discrimination is disparate or differential treatment that is taken against a person because of the person's protected category.
Harassment is a form of discrimination that consists of unwelcome conduct (based on a protected category) that is severe, pervasive and objectively offensive to the degree of effectively denying a person’s ability to participate in or realize the benefits of a university activity.
Who are employees with authority?
What is a formal complaint?
A document filed by a complainant or the Title IX and equal opportunity coordinator alleging sexual harassment and requesting an investigation of the alleged conduct.
What is meant by freedom of expression?
Freedom of expression is the right to communicate opinions and ideas without interference or fear of disciplinary action.
Limitations to freedom of expression include the incitement to violence, obscenity, defamation and harassment.
Additional information can be found at freedom of expression.
What is jurisdiction?
For purposes of Title IX, universities may investigate and adjudicate sexual harassment allegations that occur on property that is owned or controlled by the university or during university sponsored events or activities and that occurs within the U.S.
What are protected categories?
Protected categories are personal characteristics that are legally protected from discrimination and harassment under federal, state or local laws (i.e., race, color, creed, religion, disability, national origin and more).
What is retaliation?
Retaliation is adverse action that is taken against a person because such person engaged in protected activity.
Protected activity includes:
- requesting religious, pregnancy or disability accommodations;
- participating in an equal opportunity or Title IX process;
- whistleblowing; and
- refusing to engage in illegal conduct.
Retaliation is strictly prohibited.
What are supportive and interim measures?
These are measures provided to complainants and respondents that are designed to prevent a recurrence and restore equal access to programs and activities.
Students, employees, program participants and visitors can access supportive measures regardless of where the misconduct took place or whether a formal Title IX complaint is signed. Supportive measures will be offered equally without unreasonably burdening the other party and will remain confidential to the extent possible.
Interim measures are available to protect involved individuals during an investigation of equal opportunity allegations.
Supportive and interim measures include, but are not limited to:
- Counseling,
- Academic extensions or modifications,
- Employment modifications or leaves of absence,
- Housing or office relocation,
- Removal or restriction from participation in clubs, organizations or events,
- Mutual restrictions on contact between parties,
- Assistance with contacting law enforcement and
- Campus restrictions.
All allegations are regarded in a highly sensitive manner. Reasonable efforts will be made to maintain the privacy of the complaint. However, it may become necessary to disclose individuals’ identities.
Complainants are notified that a decision not to participate in the investigation process will likely limit the university’s ability to fully respond to the allegations.
