Section V: Retaliation  (34 C.F.R. § 106.71.)

  1. No person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX, its regulation, or this Policy, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing. “Intimidation, threats, coercion, or discrimination, including charges against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or formal complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX or this [Policy], constitutes retaliation.”
  2. Rhodes will “keep confidential the identity of any individual who has made a report or complaint of sex discrimination, including any individual who has made a report or filed a formal complaint of sexual harassment, any complainant, any individual who has been reported to be the perpetrator of sex discrimination, any respondent, and any witness, except as may be permitted” by Title IX, FERPA, or as otherwise required by law, or to carry out Rhodes’ Title IX procedures.
  3. The exercise of rights protected under the First Amendment does not constitute retaliation.
  4. Charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a sexual misconduct grievance proceeding does not constitute retaliation. A determination regarding responsibility alone, however, is not sufficient to conclude that any party made a materially false statement in bad faith.
  5. Complaints alleging retaliation may be filed with the Title IX Coordinator and will follow grievance procedures either under this Policy, the Rhodes Sexual Misconduct Policy, or the Anti-Discrimination and Harassment Policy.

    In the event an individual alleges that the Title IX Coordinator retaliated against them, the individual may file a complaint with the Director of Human Resources, who will follow the grievance procedures either under this Policy or pursuant to the Rhodes Sexual Misconduct Policy. The Title IX Coordinator will not oversee the investigation or adjudication of a complaint alleging that they engaged in retaliation.