Title IX is a federal law intended to protect people from discrimination based on gender or sex in all areas of education. It is the regulatory framework that guides USSA’s Sexual Misconduct Policy. For more information about Title IX, please visit the US Department of Justice Title IX Overview page.
The Violence Against Women Act (VAWA) is a federal law aimed at ending violence against women and protecting victims of domestic violence, dating violence, asexual assault, and stalking. For more information about VAWA, please visit the US Department of Justice Violence Against Women.
According to the U.S. Department of Education’s Office for Civil Rights:
“Sexual violence refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent due to the victim’s use of drugs or alcohol. An individual also may be unable to give consent due to an intellectual or other disability. A number of different acts fall into the category of sexual violence, including rape, sexual assault, sexual battery, and sexual coercion.”
Sexual Misconduct Offenses include, but are not limited to:
- Sexual Harassment
- Sexual Assault
- Sexual Violence
- Sexual Exploitation
- Domestic and/or Dating Violence
The Academy considered the Violence Against Women Reauthorization Act of 2013 (VAWA), and for the purposes of the Sexual Misconduct Policy, the various sexual misconduct definitions listed below are by applicable jurisdictions. Definitions may vary by state.
Sexual harassment includes unwelcome conduct of a sexual nature, such as unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature that has the effect of unreasonably interfering with an individual’s academic or work performance, or creates an intimidating, hostile, or offensive environment. Sexual violence is a form of sexual harassment prohibited by Title IX/Sexual Violence Elimination Act (SaVE).
Retaliation: The Institution will sanction a faculty, student, or staff member who takes adverse action against a person because of the person’s participation in or support of an investigation of discrimination or sexual misconduct. Adverse action includes, but is not limited to, threats, harassment, intimidation (implied threats) or actual violence against the person or his or her property, adverse educational or employment consequences, ridicule, taunting, bullying, or ostracism. Retaliation sexual harassment may occur in student to student, faculty/staff to student, student to faculty/staff relationships, or third party to student/faculty/staff.
Title IX/SaVE also prohibits gender-based harassment, which may include acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex-stereotyping, even if those acts do not involve conduct of a sexual nature.
In Alabama, sexual assault occurs when physical sexual activity is engaged in without the consent of the other person or when the other person is unable to consent to the activity. The activity or conduct may include physical force that overcomes earnest resistance OR a threat expressed or implied placing the person in fear of immediate death or serious physical injury to himself/herself or another.
Sexual violence is defined as physical sexual acts engaged in without the consent of the other person or when the other person is unable to consent to the activity. Sexual violence includes sexual assault, rape, battery, and sexual coercion; domestic violence; dating violence; and stalking.
Consent: In Alabama, consent is without forcible compulsion; or incapacity to consent; or if the offense charged is sexual abuse, or any circumstance in which the victim does not expressly or impliedly acquiesce in the actor’s conduct.
Incapacitation: In Alabama, incapacitation is the physical and/or mental inability to make informed, rational judgments. States of incapacitation include, but are not limited to, mentally defective, mentally incapacitated, or physically helpless.
This occurs when a person takes non-consensual or abusive sexual advantage of another for his or her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of the other sexual misconduct offenses.
In Alabama, ‘Domestic violence’ means any incident resulting in the abuse, assault, harassment, or the attempt or threats thereof, between family, household, or dating or engagement relationship members. ‘Harassment’ means any offense under § 13A-11-8.
In Alabama, dating violence is addressed under the laws of domestic violence.
In Alabama, a person who intentionally and repeatedly follows or harasses another person and who makes a threat, either expressed or implied, with the intent to place that person in reasonable fear of death or serious bodily harm is guilty of the crime of stalking in the first degree.
Sexual Misconduct Policy
The Academy’s Sexual Misconduct Policy has been developed to proactively create an environment in which incidents of sexual misconduct can be promptly and effectively responded to without further victimization, retaliation, and with possible remediation of its effects.
The United States Sports Academy is committed to maintaining a safe and positive learning experience. When students experience acts of sexual violence or misconduct, their sense of safety and trust is violated. This can significantly interfere with their lives, including their educational goals.
Students are strongly encouraged to report all incidents that threaten the student’s continued well-being, safety, or security. Academy personnel will assist the student in notifying authorities, if requested.
The Academy is committed to maintaining an academic climate in which individuals of the academy community have access to an opportunity to benefit fully from the Academy’s programs and activities. This policy has been developed to proactively create a campus environment in which incidents of sexual misconduct can be promptly and effectively responded to without further victimization, retaliation, and with possible remediation of its effects. Find additional information, by reviewing the USSA Academic Catalogs.
Abusive sexual conduct by anyone is a threat to the entire Academy community. All students who believe another individual has personally violated them in a sexual manner should immediately report the incident to the Title IX/Coordinator, The Academy’s Dean of Administration and Finance, any other member of the senior management team at The Academy, and/or to local police.
Students are strongly encouraged to report all incidents that threaten the student’s continued well-being, safety, or security. University personnel will assist the student in notifying authorities, if requested.
Reporting sexual misconduct helps:
- Protect the victim and others from future harm.
- Apprehend the alleged assailant.
- Maintain future options regarding persecution.
- Disciplinary action, criminal, and/or civil action against the perpetrator.
If you are raped or sexually assaulted:
- Go to a safe place. Think safety first.
- Preserve evidence. Do not bathe, shower, douche, change clothes or straighten up the crime scene.
- Contact someone who can help. The policy, Campus safety officer, a friend, campus staff or faculty.
- Seek medical attention at a hospital emergency room:
- To assess and treat any physical injuries.
- To determine the risk of sexually transmitted infections or pregnancy and to take appropriate measures.
- To collect evidence.
Confidential support resources can be found in the Confidentiality Policy as well as the USSA Student Catalogs.
Title IX/SaVE Coordinator of USSA:
Dr. Vincent Nix
Mailing Address: 1 Academy Drive, Daphne, AL 36526
Other Members of Senior Management Team:
Ms. Holly McLellan, Dean of Administration and Finance
Phone: 251-626-3303, ext. 7223
Response and Reporting
Whenever a report or complaint is filed, USSA will inform of the options for action. Please see the Sexual Misconduct Policy in the USSA Academic Catalogs for more information. Regardless of whether a victim files a formal complaint or requests action, USSA will conduct a prompt, impartial, and thorough investigation and take steps to resolve.
All allegations of a violation of the Sexual Misconduct Policy will be referred to the Title IX Coordinator of USSA at titleIX@ussa.edu.