I. Policy Statement
The mission of Carnegie Mellon University is to cultivate a transformative educational experience for its students that is committed to promoting and safeguarding their personal health and well-being. In addition, the mission is to create a collaborative environment open to the free exchange of ideas, where research, creativity, innovation, and entrepreneurship can flourish and where individuals can achieve their full potential. It is the policy of Carnegie Mellon University to maintain an academic and work environment that promotes the confidence to work, study, innovate and perform without fear of sexual misconduct. Such misconduct diminishes individual dignity, is contrary to the values of the university and is a barrier to fulfilling the university’s mission. It will not be tolerated at Carnegie Mellon University.
It is the responsibility of every member of the University Community to foster an environment free of sexual misconduct. All members of the University Community are encouraged to take reasonable and prudent actions to prevent or stop such behavior.
- Sexual Assault;
- Sexual Exploitation;
- Sexual Harassment;
- Dating Violence;
- Domestic Violence;
- Retaliation; and
- Violation of Protective Measures.
This Policy is intended to: (1) prevent, eliminate and remedy the effects of Prohibited Conduct; (2) foster an environment where all individuals are well-informed and supported in reporting Prohibited Conduct; and (3) provide a prompt, fair and impartial process for all parties once the university is made aware of possible Prohibited Conduct. While these principles are clear and straightforward, the detailed procedures set forth in this Policy are necessary to assure that these matters are handled in an impartial, thoughtful and thorough manner, consistent with the university’s dedication to the integrity of its process.
Furthermore, on May 19, 2020, the Department of Education issued a Final Rule under Title IX of the Education Amendments of 1972 with an effective date of August 14, 2020. The Final Rule governs how certain acts of sexual misconduct are defined under Title IX and sets forth the procedures and other requirements for adjudicating claims of such conduct (the “Final Rule”). For purposes of this Policy, the conduct described in the Final Rule shall be referred to as “Federal Rule Sexual Misconduct.” Federal Rule Sexual Misconduct is defined as follows:
- Federal Rule Sexual Misconduct — A subset of Prohibited Conduct that rises to a level of severity and pervasiveness such that it is prohibited expressly by the Final Rule. Prohibited Conduct meets the definition of Federal Rule Sexual Misconduct when:
- A Faculty member or Staff member conditions the provision of an aid, a benefit, or a service on another Faculty member, Staff member, Student, or third party’s participation in unwelcome sexual conduct (commonly known as Quid Pro Quo);
- A Faculty member, Staff member, Student or third party engages in unwelcome conduct on the basis of sex that is so severe, pervasive, and objectively offensive that it effectively denies another person equal access to the University’s Programs or Activities (commonly known as Sexual Harassment); or
- A Faculty member, Staff member, Student or third party engages in Sexual Assault, Dating Violence, Domestic Violence or Stalking.
- Alleged conduct is Federal Rule Sexual Misconduct (though it may still be Prohibited Conduct) only if:
- The alleged conduct was perpetrated against a person in the United States; and
- The conduct took place within the University’s Programs and Activities.
- Conduct that does not meet this strict definition for Federal Rule Sexual Misconduct is still prohibited by this Policy if it otherwise constitutes Prohibited Conduct (also referred to as “Other Prohibited Conduct”).
Nothing in this Policy shall be construed to abridge the free expression of ideas that is essential to the university’s mission. The discourse conducted in accordance with the university's Freedom of Expression Policy and with the statement on Academic Freedom and Responsibility enunciated in the Appointment and Tenure Policy, whether in written, spoken, or electronic forms, shall be consistent with this Policy.
This Policy is intended to meet the university’s obligations under Title VII of the Civil Rights Act of 1964 (“Title VII”); Title IX of the Education Amendments of 1972 (“Title IX”); the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (“Clery Act”), as amended by the Violence Against Women Reauthorization Act of 2013 (“VAWA”), with respect to its application to sexual misconduct; and other applicable law and regulations.