Responsible Official: Associate Vice President for Institutional Equity and Accessibility, and University Title IX Coordinator
Responsible Office: Office of Institutional Equity and Accessibility and Title IX Office
Effective Date: August 1, 2021
Revision Date: August 1, 2025
Policy Sections
9000.1 Yale University Equal Opportunity and Nondiscrimination Statement
9000.2 Reporting Requirements for Yale Faculty and Staff
9000.3 Accessing Campus Resources
Scope
Consistent with Connecticut and federal law, this policy applies to students, faculty, and staff, as well as to conduct by third parties (i.e., individuals who are not students, faculty, or staff, including but not limited to guests and consultants) directed toward University students, faculty, staff members, or third parties while on campus or participating in Yale programs or activities.
Policy Statement
As defined in this policy, Yale prohibits Discrimination, Harassment, Sexual Misconduct, and related Retaliation. These forms of conduct undermine Yale’s mission.
Reason for the Policy
Yale University is committed to maintaining a non-discriminatory learning and working environment. Yale adopts this policy with a commitment to preventing and addressing Discrimination, Harassment, Sexual Misconduct, and related Retaliation, consistent with Connecticut and federal law.
Definitions
For the purposes of this policy, Yale University has adopted the following definitions of Discrimination, Harassment, and Retaliation. Appendix A “Yale Sexual Misconduct Policies and Related Definitions” contains definitions of conduct defined as Sexual Misconduct under this policy as well as related definitions under federal Title IX regulations .1
Discrimination
Discrimination means treating an individual adversely in University admissions or in the conduct of educational programs or activities, including employment, based on sex, sexual orientation, gender identity or expression, pregnancy, childbirth or related conditions, race, color, national or ethnic origin,2 religion, age, disability, protected veteran status, or other protected classes as set forth in federal and Connecticut law (“protected characteristics”).
Harassment
Harassment means subjecting an individual to unwelcome conduct based on any protected characteristics, when such conduct (i) is subjectively and objectively offensive and (ii) sufficiently severe or pervasive that (iii) based on the totality of the circumstances, it has the effect of unreasonably interfering with, limiting, or denying the individual’s ability to participate in or benefit from university programs or activities, including employment, by creating a hostile environment. Harassment may be found in a single severe episode, as well as in persistent behavior. Harassment is evaluated using a “reasonable person” standard.
Retaliation
Retaliation means any adverse action taken against a person who has reported a concern, filed a complaint, and/or participated in an investigation or engaged in other protected activity pursuant to this policy. Retaliation includes conduct that would discourage a reasonable person from engaging in activity protected under this policy. Retaliation may be present even where there is no finding of a violation of University policy on the underlying allegations of Discrimination, Harassment, or Sexual Misconduct. Retaliation does not mean good faith actions lawfully pursued in response to a report of Discrimination, Harassment, or Sexual Misconduct.
Policy Sections
9000.1 Yale University Equal Opportunity and Nondiscrimination Statement
The University is committed to basing judgments concerning the admission, education, and employment of individuals upon their qualifications and abilities and seeks to attract to its faculty, staff, and student body qualified persons from a broad range of backgrounds and perspectives.
Additionally, in accordance with this policy and as delineated by federal and Connecticut law, Yale does not discriminate in admissions, educational programs, or employment against any individual on account of that individual’s sex; sexual orientation; gender identity or expression; pregnancy, childbirth or related conditions; race; color; national or ethnic origin; religion; age; disability; protected veteran status, or other protected classes as set forth in federal and Connecticut law. Inquiries concerning this policy may be referred to the Office of Institutional Equity and Accessibility (“OIEA”), 82-90 Wall Street, 4th floor, New Haven, CT, 06511; 203.432.0849; equity@yale.edu. For additional information, please visit https://oiea.yale.edu.
Title IX of the Education Amendments of 1972 protects people from sex Discrimination in educational programs and activities at institutions that receive federal financial assistance.
Questions regarding Title IX may be referred to the University Title IX Coordinator, Elizabeth Conklin, at 203.432.6854 or at titleix@yale.edu, or to the U.S. Department of Education, Office for Civil Rights, 400 Maryland Avenue SW, Washington D.C. 20202-1475; tel. 202.453.6020, or ocr.dc@ed.gov.For additional information, including information on Yale’s Sexual Misconduct policies and a list of resources available to Yale community members with concerns about Sexual Misconduct, please visit https://titleix.yale.edu.
Information regarding how to file a civil rights complaint with the U.S. Department of Health and Human Services may be found at https://www.hhs.gov/civil-rights/filing-a-complaint/complaint-process/index.html.
9000.2 Reporting Requirements for Yale Faculty and Staff
All Yale faculty and staff must report any incident of Sexual Misconduct involving students to the Title IX Office. These requirements also apply to postdocs, teaching fellows, or teaching assistants, and any student worker (graduate, professional, and undergraduate), with respect to the students they are currently teaching, advising, or mentoring in the course of their job duties.
Supervisors have additional reporting requirements. When acting in their supervisory capacity, they must report:
• Sexual Misconduct involving students, trainees, staff, or faculty to the Title IX Office.
• Discrimination, Harassment, and related Retaliation involving students, trainees, staff, or faculty to OIEA.
Yale employees designated as confidential or exempt are not subject to these reporting requirements. Confidential employees include Sexual Harassment and Assault Response & Education (“SHARE”) Center staff, when acting in an advocacy and/or clinical capacity, and Yale Health staff (including YC3 College Care Clinicians and embedded counselors), when acting in a clinical capacity. Exempt employees include University Chaplains when acting in their pastoral care capacity.
For more information about these reporting requirements, visit the Title IX and OIEA websites.
9000.3 Accessing Campus Resources
The University provides a range of options for addressing and resolving concerns related to Discrimination, Harassment, Sexual Misconduct, and related Retaliation as defined by this Policy. Individuals may report or document concerns, explore available resources, discuss resolution pathways, and access support. The University is committed to responding promptly and equitably to concerns. To support this commitment, the following offices have been specifically charged by the University to receive, address, and help resolve these matters:
- The Office of Institutional Equity and Accessibility and the school-based Discrimination and Harassment Resource Coordinators,
- The Title IX Office and the school-based Deputy Title IX Coordinators, and
- The University-Wide Committee on Sexual Misconduct.
In addition, the SHARE Center and Yale Police Department are available to provide resources and support to members of the Yale community.
The Office of Institutional Equity and Accessibility (“OIEA”)
Individuals are encouraged to contact OIEA to report concerns of Discrimination, Harassment, and/or Retaliation as defined by this policy. OIEA staff are available to listen, discuss concerns, explain University resources, and explore resolution options, including informal and alternative processes. Where appropriate, OIEA may conduct investigations into complaints.3 Speaking with OIEA staff or submitting a report to the office does not automatically trigger an investigation, but it is often an important first step in bringing a concern to the University’s attention and accessing support.4
Discrimination and Harassment Resource Coordinators
Discrimination and Harassment Resource Coordinators, appointed by the Dean of each college and school, serve as key community members who receive concerns and provide guidance related to Discrimination, Harassment, and Retaliation. They may also help facilitate informal resolution. Discrimination and Harassment Resource Coordinators are often the most appropriate initial point of contact for individuals with concerns in these areas, as they have extensive knowledge of the resources specific to their respective school or college.
Title IX Office and Deputy Title IX Coordinators
The Title IX Office and Deputy Title IX Coordinators are available to consult with members of the community about their concerns and questions related to sex Discrimination, Sexual Misconduct, and related Retaliation. Coordinators can review options (including the alternative resolution process and applicable complaint procedures), identify and provide supportive measures, and connect individuals with other campus resources, such as the SHARE Center or the Yale Police Department. Yale College, the Graduate School of Arts and Sciences, and the professional schools have each designated one or more senior administrators or faculty members as a Deputy Title IX Coordinator. The Deputy Title IX Coordinator within an individual’s school or unit may be best positioned to provide support, however an individual may contact any of the Deputy Title IX Coordinators.
University-Wide Committee on Sexual Misconduct (“UWC”)
The UWC addresses allegations of Sexual Misconduct and is available to students, faculty, and staff across the University according to the guidelines described in the UWC’s Procedures. The UWC provides an accessible, representative, and trained body to answer inquiries and fairly and expeditiously hear complaints of Sexual Misconduct. The UWC consists of faculty, senior administrators, and graduate and professional students drawn from throughout the University.
Sexual Harassment and Assault Response & Education (“SHARE”) Center (Confidential Resource)
The SHARE Center has professional counselors who are available to provide confidential information, support, and advocacy to members of the community who have concerns related to Sexual Misconduct. SHARE is available on weekdays during regular business hours and has a 24/7 on-call service for time-sensitive matters after hours and on weekends/holidays (203.432.2000). Calls can also be anonymous. SHARE’s office is located at 55 Lock Street, Lower Level, New Haven, CT, 06511. In addition to individual services, support groups are offered through SHARE. Reports to SHARE will not generally result in a report to the Title IX Office, as described in section 9000.2 of this policy.
Yale Police Department (“YPD”)
The YPD operates 24/7 and is comprised of sworn police officers, including a Sensitive Crimes & Support Coordinator. The YPD has the capacity to perform full criminal investigations for allegations of criminal conduct that occurred on Yale’s campus. In addition, the YPD can provide information on available victim assistance services, safety planning, and other related matters. Communications with YPD are not confidential or exempt from reporting obligations.
Notes
1 Yale’s policies and procedures related to Discrimination, Harassment, Sexual Misconduct, and Retaliation are not intended to infringe on the free expression of ideas in contravention of Yale’s free expression policies.
2 Consistent with federal law and guidance, national origin includes an individual’s actual or perceived: (i) shared ancestry or ethnic characteristics; or (ii) citizenship or residency in a country with a dominant religion or distinct religious identity. (See United States Department of Education, Office for Civil Rights, Dear Colleague Letter, November 7, 2023.)
3 For concerns regarding students (i.e., where a student is identified as the person accused of misconduct), OIEA, after completing an assessment, review, or investigation, and concluding that a violation of policy has occurred, will refer the matter for discipline, pursuant to the established procedures within each college or school for addressing student conduct.
4 An individual may request that the University not disclose their identity to anyone else, including the person accused of misconduct. The University strives to preserve the privacy of information shared where maintaining such privacy does not conflict with Yale’s obligation to appropriately respond to reports and eliminate Discrimination, Harassment, and/or Retaliation. When the university cannot grant a request for anonymity, it will notify the individual and explain why.
Related Resources
Procedure 9000 PR.01 Office of Institutional Equity and Accessibility Procedures Supporting the Yale University Policy Against Discrimination, Harassment, and Sexual Misconduct
Appendix A
Yale Sexual Misconduct Policies and Related Definitions
Yale University is committed to maintaining and strengthening educational, working, and living environments founded on mutual respect in which students, faculty, and staff are connected by strong bonds of intellectual dependence and trust. Sexual Misconduct is antithetical to the standards and ideals of our community. Therefore, Yale University prohibits all forms of Sexual Misconduct. Yale aims to eradicate Sexual Misconduct through education, training, clear definitions and policies, and consequences for policy violations. The University Title IX Coordinator has responsibility for ensuring compliance with Yale’s policies regarding Sexual Misconduct. The University-Wide Committee on Sexual Misconduct (UWC), the Office of Institutional Equity and Accessibility (OIEA), and the University and Deputy Title IX Coordinators address allegations of sexual misconduct.
These policies apply to all members of the Yale community as well as to conduct by third parties (i.e., individuals who are not students, faculty, or staff, including but not limited to guests and consultants) directed toward University students, faculty, or staff members. These policies apply to conduct that occurs in the process of application for admission to a program or selection for employment, as well as to conduct that occurs in Yale-related off-campus activities.
Many forms of Sexual Misconduct are prohibited by federal law, including Title IX of the Education Amendments of 1972, and by Connecticut statutes, and could result in criminal prosecution or civil liability in addition to a University administrative response.
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Sexual Misconduct
Sexual Misconduct incorporates a range of behaviors including sexual assault, sexual harassment, intimate partner violence, stalking, voyeurism, and any other conduct of a sexual nature that is nonconsensual or has the purpose or effect of threatening, intimidating, or coercing a person.
Sexual Misconduct may involve nonconsensual sexual contact, but this is not a necessary component. For example, threatening speech of a sexual nature that is sufficiently severe or pervasive to constitute sexual harassment is Sexual Misconduct. In addition, recording or disseminating through any means (e.g., live-stream, online post, text) images, pictures, audio, or video of individuals engaging in sexual activity without the consent of all parties is also a form of Sexual Misconduct. Violations of Yale’s Policy on Teacher-Student Consensual Relations and its Policy on Relationships between Staff Members are forms of Sexual Misconduct.
Yale’s policies and definitions apply to all members of the Yale community, regardless of their sex or gender.
NOTE: Federal regulations for the implementation of Title IX of the Education Amendments of 1972 provide detailed rules for addressing formal complaints about some types of Sexual Misconduct. Sexual Misconduct covered by these regulations is referred to below as “Title IX Sexual Misconduct”. Yale’s broader definitions of Sexual Misconduct include Title IX Sexual Misconduct. For questions about Title IX Sexual Misconduct or the rules applicable to formal complaints, please contact the Title IX Office or the UWC.
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Sexual Harassment
Sexual harassment means subjecting an individual to unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature on or off campus, when: (1) submission to such conduct is made either explicitly or implicitly a condition of an individual’s employment or academic standing; or (2) submission to or rejection of such conduct is used as the basis for employment decisions or for academic evaluation, grades, or advancement; or (3) such conduct creates a hostile environment by being (a) subjectively and objectively offensive and (b) sufficiently severe or pervasive that (c) based on the totality of the circumstances, it has the effect of unreasonably interfering with, limiting, or denying the individual’s ability to participate in or benefit from university programs or activities, including academics, extracurriculars, and employment. Sexual harassment may be found in a single severe episode, as well as in persistent behavior.
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Sexual Assault
Sexual assault is any kind of nonconsensual sexual contact, including rape, groping, sexual contact with an object, or any other form of nonconsensual sexual touching of another person. Groping is the act of nonconsensual touching of the intimate body parts (e.g., breast, buttocks, groin, genitals) of another person.
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Sexual Consent
Under Yale’s policies, sexual activity requires affirmative consent, which is defined as positive, unambiguous, voluntary, and ongoing agreement to engage in specific sexual activity throughout a sexual encounter. Consent cannot be inferred merely from the absence of a “no.” A clear “yes,” verbal or otherwise, is necessary. Consent to some sexual acts does not constitute consent to others, nor does past consent to a given act constitute present or future consent. Consent must be ongoing throughout a sexual encounter and can be revoked by any participant at any time. Once consent is revoked, the sexual activity must cease.
Consent cannot be obtained by threat, coercion, or force. Agreement under such circumstances does not constitute consent. Consent cannot be obtained from someone who is asleep or otherwise mentally or physically incapacitated due to alcohol, drugs, or some other condition, or unable to give consent under Connecticut law. A person is mentally or physically incapacitated when that person lacks the ability to make or act on considered decisions to engage in sexual activity. Engaging in sexual activity with a person whom one knows—or reasonably should know—to be incapacitated constitutes sexual misconduct.
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Guidance Regarding Sexual Consent
Consent can be accurately gauged through direct communication about the decision to engage in sexual activity. Presumptions based upon contextual factors (such as clothing, alcohol consumption, or dancing) are unwarranted, and should not be considered as evidence for consent.
Although consent does not need to be verbal, verbal communication is the most reliable form of asking for, gauging consent, and understanding other people’s boundaries. Talking with sexual partners about desires and limits may seem awkward, but it serves as the basis for positive sexual experiences shaped by mutual willingness and respect.
When alcohol or other drugs are involved, incapacitation is a state beyond drunkenness or intoxication. An inability to remember events is not on its own sufficient to demonstrate incapacitation. A person may be able to make and act on a considered decision to engage in sexual activity but not remember having done so. Impairment by alcohol or other drugs does not relieve an individual from the obligation of obtaining consent pursuant to this policy.
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Intimate Partner Violence
Intimate partner violence (IPV) occurs when a current or former intimate partner uses or threatens physical or sexual violence. IPV also may take the form of a pattern of behavior that seeks to establish power and control by causing fear of physical or sexual violence. Stalking may also constitute IPV.
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Stalking
Stalking is repeated or obsessive unwanted attention on the basis of sex that is directed toward an individual or group and that is likely to cause alarm, fear, or substantial emotional distress. Stalking may take many forms, including following, lying in wait, monitoring, and pursuing contact. Stalking may occur in person or through a medium of communication, such as letters, email, text messages, or phone calls. In some circumstances, two instances of such behavior may be sufficient to constitute stalking.
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Voyeurism
Voyeurism includes observing or taking pictures, videos, audio, or any other recordings of one or more people in a state of undress or engaged in sexual activity without the consent of all parties.
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Policy on Teacher-Student Consensual Relations
The integrity of the teacher-student relationship is the foundation of the University’s educational mission. This relationship vests considerable trust in the teacher, who, in turn, bears authority and accountability as a mentor, educator, and evaluator. The unequal institutional power inherent in this relationship heightens the vulnerability of the student and the potential for coercion. The pedagogical relationship between teacher and student must be protected from influences or activities that can interfere with learning and personal development.
Whenever a teacher is or in the future might reasonably become responsible for teaching, advising, or directly supervising a student, a sexual or romantic relationship between them is inappropriate and must be avoided. In addition to creating the potential for coercion, any such relationship jeopardizes the integrity of the educational process by creating a conflict of interest and may impair the learning environment for other students. Finally, such situations may expose the University and the teacher to liability for violation of laws against sexual harassment and sex discrimination.
Therefore, teachers must avoid sexual or romantic relationships with students over whom they have or might reasonably expect to have direct pedagogical or supervisory responsibilities, regardless of whether the relationship is consensual. Conversely, teachers must not directly supervise any student with whom they have a sexual or romantic relationship.
Undergraduate students are particularly vulnerable to the unequal institutional power inherent in the teacher-student relationship and the potential for coercion, because of their age and relative lack of maturity. Therefore, no teacher shall have a sexual or romantic relationship with any undergraduate student, regardless of whether the teacher currently exercises or expects to have any pedagogical or supervisory responsibilities over that student.
Teachers or students with questions about this policy are advised to consult with the Title IX Office, the Office of Institutional Equity and Accessibility (“OIEA”) or the University-Wide Committee on Sexual Misconduct (“UWC”). Students or other members of the community may lodge a complaint regarding an alleged violation of this policy with the Title IX Office, OIEA, or the UWC.
Violations of the above policies by a teacher will normally lead to disciplinary action. For purposes of this policy, “direct supervision” includes the following activities (on or off campus): course teaching, examining, grading, advising for a formal project such as a thesis or research, supervising required research or other academic activities, serving in such a capacity as Director of Undergraduate or Graduate Studies, and recommending in an institutional capacity for admissions, employment, fellowships, or awards.
“Teachers” includes, but is not limited to, all ladder and instructional faculty of the University. “Teachers” also includes graduate and professional students and postdoctoral fellows and associates only when they are serving as part-time acting instructors, teaching fellows, or in similar institutional roles, with respect to the students they are currently teaching or supervising. “Students” refers to those enrolled in any and all educational and training programs of the University. Additionally, this policy applies to members of the Yale community who are not teachers as defined above, but have authority over or mentoring relationships with students, including athletic coaches, supervisors of student employees, advisors and directors of student organizations, Residential College Fellows, as well as others who advise, mentor, or evaluate students.
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Yale Policy on Relationships between Staff Members
Staff are prohibited from engaging in romantic or sexual relationships with employees and trainees for whom they have or might reasonably expect to have supervisory or reporting responsibilities. Under no circumstances can a supervisor directly supervise or evaluate any employee or trainee with whom they have or have had a romantic or sexual relationship.
If such a relationship exists, the supervisor and employee must promptly disclose it to the Department Head or the Human Resources Generalist. Arrangements, which may include reassignment or relocation, will be made to address any issue of conflict of interest. Any decision affecting any aspect of employment (for example, transfer, promotion, salary, termination) must be made by disinterested and qualified supervisory personnel.
Violations of this policy will normally lead to disciplinary action, up to and including termination.
Individuals with questions about this policy or staff concerned about a romantic or sexual relationship in violation of this policy are encouraged to speak with a Human Resources Generalist, the Office of Institutional Equity and Accessibility, or the Title IX Office. See Staff Workplace Policies.
Title IX Sexual Misconduct1
Federal regulations for the implementation of Title IX of the Education Amendments of 1972 provide detailed rules for addressing formal complaints about some types of Sexual Misconduct. Sexual Misconduct covered by these regulations is referred to as “Title IX Sexual Misconduct.” Yale’s broader definitions of Sexual Misconduct include Title IX Sexual Misconduct. For questions about Title IX sexual misconduct or the rules applicable to formal complaints, please contact a Title IX Coordinator or the UWC.
The following definitions will apply to allegations of misconduct addressed under Section 4 of the Procedures of the University-Wide Committee on Sexual Misconduct:
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Sexual Harassment
Sexual harassment occurs when (1) A Yale employee conditions the provision of an aid, benefit, or service of the university on an individual’s participation in unwelcome sexual conduct, or (2) An individual is subjected to unwelcome conduct of a sexual nature determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies the individual equal access to Yale’s education program or activity.
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Sexual Assault
Sexual assault is any sexual act directed against another person without the consent of the victim, including rape, criminal sexual contact, incest, and statutory rape. Rape includes sexual assault with an object and nonconsensual sodomy.
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Dating Violence
Dating violence is violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on a consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
- Domestic Violence
- Domestic violence includes felony or misdemeanor crimes of violence, on the basis of sex, committed:
- by a current or former spouse or intimate partner of the victim,
- by a person with whom the victim shares a child in common,
- by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner,
- by a person similarly situated to a spouse of the victim under the domestic or family violence laws of Connecticut, such as others related by blood or marriage or who presently reside together or have resided together, or
- by any other person against an adult or youth2 victim who is protected from that person’s acts under the domestic or family violence laws of Connecticut.
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Stalking
Stalking means engaging in a course of conduct on the basis of sex directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others or suffer substantial emotional distress.
Appendix A Notes
1 All terms and their definitions in this section will be interpreted and applied by Yale in accordance with the definitions contained in 34 C.F.R. § 106.30 (the “Title IX regulations”). Yale’s language is intended to convey the same meaning as the definitions referenced in the Title IX regulations.
2 For purposes of this definition, the term “youth” means a person who is 11 to 24 years old.