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Title IX Training at SUNY Oswego (2013 Edition)

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Updated Title IX training via SUNY Oswego.

Updated Title IX training via SUNY Oswego.

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  • [By the time of this training SUNY will have updated its discrimination complaint procedures. Also, your campus may have adopted its own procedures. We also likely will have signed the OCR resolution agreement. At this time I’m included items that it would require and that make sense.]
  • We’re going to talk about what sex discrimination is, and what your obligation is when you experience it or receive a report of sex discrimination.
  • This is the text of Title IX of the Education Amendments of 1972. Over time the federal government has determined what it is that this sentence means. For many years it was considered only referring to equality in sports, but as you can see from the language, it does not mention athletics specifically. Any unequal treatment by an educational institution in any kind of program or activity may be improper sex discrimination under Title IX.
  • What does this mean? To start, a college has to have a published grievance process by which it addresses complaints. It must promptly address complaints by investigating, providing remedies and resources to complainants/victims in a timely fashion, and providing training for members of its community to educate everyone about sex discrimination so they can recognize and report it.
  • Title IX Guidance from OCR mandates training for the campus community—employees and students—because education will play a major role in making the campus grievance procedures effective. One key is being able to identify sex discrimination if you see it or experience it. Next you’ll need to know how to report it.
  • I want to be clear about how OCR considers these terms, and a visual helps me personally. Sexual violence, including types such as coercion, assault, and rape, are all forms of sexual harassment. Sexual harassment is discrimination on the basis of sex.
  • Sexual violence is the phrase OCR uses throughout the Dear Colleague letter to differentiate between verbal sexual harassment and physical sexual harassment. Sexual violence is a physical form sexual harassment that OCR calls “extreme form of sexual harassment.” Here you may want to use and include your definitions of types of sexual violence from your student code of conduct. On the next page I’ll use a campus example.
  • Sexual violence is the phrase OCR uses throughout the Dear Colleague letter to differentiate between verbal sexual harassment and physical sexual harassment. Sexual violence is a physical form sexual harassment that OCR calls “extreme form of sexual harassment.” Here you may want to use and include your definitions of types of sexual violence from your student code of conduct. On the next page I’ll use a campus example.
  • Take examples from your code of conduct for students for the definitions of Sexual assault, rape, consent, sexual harassment, sexual exploitation, or others that you may include.
  • Dispel assumptions about victims being only women and accused being only men. Explain that sexual harassment and sexual violence can take place between two people of the same sex. These facts are important when recognizing sex discrimination in the educational environment or workplace.
  • Go over how people can report on your campus. Include campus-specific contact information. If you want it to be interactive, ask people if they know where to report and see how well information has been absorbed previously.
  • Make clear especially to those folks who are Campus Security Authorities and used to Clery that Title IX does NOT share Clery’s geographic focus. Title IX doesn’t care where, but it does care who. There should be some nexus to the campus (so if it’s about an incident that occurred in Mexico, the accused or victim must have some nexus to campus; if it’s an incident on campus, then one or both of the parties might be third-parties).
  • Mention that there are exceptions that will be covered later, including licensed counselors acting in that capacity. Explain what a third party is – this may be someone who is NOT part of the campus community. Not a student or employee. But if this person reports a situation that occurred on or near campus, or accuses someone who is part of the campus community, the College cares and Title IX applies. For example, if a third party reports that s/he was sexually assaulted by a non-campus person but in a residence hall, the College has an issue and must investigate—what is the security like in this residence hall? Are the doors working properly, and any card reader? Is there an unsafe environment that the college needs to address through training or security?
  • This is why everyone needs training – so they know how and when to report.
  • TIXC is first and most obvious. Then everyone else: coaches, athletes, law enforcement, health center staff, student mentors, student leaders, resident assistants, hall directors, counseling center staff, administrators.If there’s an emergency number that all students know, or an information number (at my school it was 932-INFO, and I haven’t forgotten that yet), that information gets disseminated in lots of ways. It’s published everywhere, it’s on flyers, it’s on papers on bulletin boards and residence hall and classroom building bathrooms. Put your coordinator’s information everywhere you can.One way to find time to train people is to incorporate Title IX information into regularly scheduled trainings – most if not all of the groups I mentioned will undergo annual training.
  • Use new employee orientation and continuing training opportunities at regular meetings or town halls to publicize your procedures about reporting. Tailor this for your campus and let people know who your coordinator and deputy coordinators are, and list their contact information. If you do not have a procedure on reporting, create one and publicize it widely. Nothing is gained by waiting to report. However stress that victims that report later will not be turned away—the college will still investigate, provide available remedies and resources, of course. Sometimes physical evidence availability diminishes when reporting is delayed, and other times accused individuals depart the college; they might withdraw or graduate. The college has an obligation and will respond promptly when complaints are made, but parts of that response (charging the accused using student conduct or HR process) may be limited by a delay because of lack of evidence or enforceability.
  • We’re going to talk about what sex discrimination is, and what your obligation is when you experience it or receive a report of sex discrimination.
  • We’re going to talk about what sex discrimination is, and what your obligation is when you experience it or receive a report of sex discrimination.
  • We need the people with the knowledge and experience in this area to do this job. Investigating reports of sex discrimination is a serious task, and the law required colleges to have trained professionals doing this job. Not only are they required to have a Title IX coordinator, but colleges have to publicize their Coordinator by putting his or her title and contact information in many campus publications. Phone number, email address, office address, etc. [It may be best to ask that your college create a vague email like titleix@campus.edu so that if there is turnaround you don’t need to change every single publication. Name isn’t required by OCR, but title and lots of contact information is required.]
  • Everyone has heard of Penn State and the horrific reports of years of child sex abuse that occurred with the knowledge of the college president, athletics staff, and other administrators. What occurred was also a violation of Title IX.
  • Communication between the police and the campus to make sure they’ve got all the complaints. Campuses must promptly investigate a complaint, delaying only if required while police are collecting evidence. It is absolutely inappropriate to wait for a criminal case to conclude before taking action on campus. “Beyond a reasonable doubt” is the standard used in criminal court, which is a higher standard of proof; it is more difficult to prove. “Preponderance of the evidence” is our standard of proof, which is more likely than not, or 50% + 1.
  • This is why everyone should report to the Title IX Coordinator. Victims AB&C all experience sex discrimination from the same source. Each tells a different person. Those people don’t communicate or use a central reporting method that leads to the Title IX coordinator. This kind of decentralized, haphazard response serves no one.
  • List confidential resources on your campus and contact information
  • Academic support, a no contact order, housing changes, taking classes pass/fail, working out a leave of absence – any number of remedies may be available to a victim who reports. The Title IX Coordinator isn’t in charge of law enforcement. This person wants to keep the educational environment free of sexual harassment and sexual violence, and if it does occur, this person wants to investigate complaints, address them, and provide the necessary remedies to victims.
  • In situations where the victim is reluctant to report, it’s important to find a way to report the situation with the victim’s consent and understanding without making the complainant feel as though you are breaching their trust. Call, no matter what, and if possible, assist the complainant in talking with the TIXC. Some employees who receive reports may offer to accompany the student/complainant to a meeting, call (with the complainant) the TIXC for support and comfort, etc. It’s important to explain the difference between the obligation to report because of the college’s obligation to track, investigate, and address complaints of sex discrimination (which IS the case) versus broadcasting or publicizing a very private situation (which is NOT the case).
  • Some campuses are using a form to document that they have spoken to the victim, given them the relevant information about services, remedies, options, and gotten a sense of if and how the victim would like to move forward (if at all). This form is not a contract and is not binding. It is for the college’s benefit to document its actions and for our campus community’s benefit to provide consistent and complete information to victims who come forward. If a complainant doesn’t want to file a criminal complaint or go through the internal campus process, but wanted to make the report, the college still has a duty to investigate to an extent that it is on notice. Whether that leads to the campus holding more training sessions, or cracking down on campus parties in a certain residence hall, something can always be done. Additionally, the college must still offer the complainant available remedies and resources.
  • Ideal timeline is 60 days from OCR. Equal opportunity to call witnesses, have an advisor, appeal. Alternative arrangements can be made for victims hesitant to sit in a hearing across from an accused, but they must be balanced with due process.
  • Ideal timeline is 60 days from OCR. Equal opportunity to call witnesses, have an advisor, appeal. Alternative arrangements can be made for victims hesitant to sit in a hearing across from an accused, but they must be balanced with due process.
  • Ideal timeline is 60 days from OCR. Equal opportunity to call witnesses, have an advisor, appeal. Alternative arrangements can be made for victims hesitant to sit in a hearing across from an accused, but they must be balanced with due process.
  • Ideal timeline is 60 days from OCR. Equal opportunity to call witnesses, have an advisor, appeal. Alternative arrangements can be made for victims hesitant to sit in a hearing across from an accused, but they must be balanced with due process.
  • Ideal timeline is 60 days from OCR. Equal opportunity to call witnesses, have an advisor, appeal. Alternative arrangements can be made for victims hesitant to sit in a hearing across from an accused, but they must be balanced with due process.
  • Retaliation should be prohibited in your policies and treated like any other violation. Explain this proactively to participants in the process so they know (1) to report retaliation they experience, and (2) not to retaliate! Give examples so they know what may constitute retaliation.

Transcript

  • 1. Title IX: What Everyone Needs to Know
  • 2. • What is Title IX? • What is sex discrimination, including sexual assault and sexual harassment? • How do I report it? • How does my college /employer address complaints? What are the procedures? Objectives for Everyone
  • 3. Title IX of the Education Amendments of 1972 prohibits sex discrimination in educational programs and activities. What is Title IX?
  • 4. No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance. Title IX of the Education Amendments of 1972 Title IX Text
  • 5. The College has a duty to promptly respond to complaints of sexual harassment and sexual violence in a way that limits its effects and prevents its recurrence. What does this mean for SUNY Oswego?
  • 6. Sex discrimination includes all forms of sexual harassment, including verbal sexual harassment and sexual violence by employees, students, or third parties against employees, students, or third parties. Also? Unequal pay based on gender, discrimination on the basis of pregnancy, unequal distribution of athletic funds, unequal admissions and financial aid practices. What is “sex discrimination?”
  • 7. Sex Discrimination Sexual assault Sexual harassment Sexual violence Sexual coercion Rape
  • 8. Sexual violence: physical sexual acts perpetrated without consent. Consent is clear, unambiguous, and voluntary agreement between the participants to engage in specific sexual activity. Examples: -Conduct commonly known as rape - Sexual assault -Sexual coercion What is Sexual Violence?
  • 9. Sexual harassment is unwelcome conduct of a sexual nature that is sufficiently severe, persistent or pervasive that it unreasonable interferes with, denies, or limits someone’s ability to participate in or benefit from a program or activity. Examples & Information: - Requests for sexual favors - Unwelcome advances - Sexist comments - May occur in a single episode or be persistent behavior What is Sexual Harassment?
  • 10. 43. D. Sexual Misconduct including all forms of sexual violence, including but not limited to:  the imposition of sexual contact or physical exposure without consent;  nonconsensual sexual intercourse;  sexual profanity targeted toward an individual;  all forms of intimidation or coercion to exact sexual favors;  use of alcohol or other drugs to exact sexual contact;  nonconsensual verbal, non-verbal, or cyber communication of a sexual nature as well as nonconsensual photography, video or audio taping or posting of sexual activity;  sexual contact upon another who is reasonably unable to consent for any reason, particularly due to their use of alcohol, or other substances, emotional distress or sleep. www.oswego.edu/student/handbook Code Definitions
  • 11. Victims of sexual harassment or sexual violence might be faculty, staff, students, or third parties. Similarly, the accused may be from any of those groups. Victims and alleged perpetrators can be male or female. Harassment can take place between two individuals of the same sex. Who are the parties?
  • 12. • What should I report? • Who needs to report sexual harassment or sexual violence? •How do I report? When? To whom? • Am I required to report? Reporting Sex Discrimination
  • 13. • Any observed, experienced, or known sex discrimination, including sexual harassment and sexual violence. • Doesn’t matter if it occurred on- campus, off-campus, on spring break in Mexico, last week, or two years ago. What should I report?
  • 14. Anyone who experiences, observes, or hears about an incident of sexual harassment or sex discrimination should report it to the Title IX Coordinator or another campus official as soon as possible. This includes deans, department chairs, faculty, staff, students, and third parties.* There are exceptions to mandatory reporting, covered later. Who needs to report?
  • 15. Everyone should report. Examples: Coach who receives a report of sexual assault from a student-athlete. Residence Assistant who observes sexual harassment. Employee who observes sexual assault in the workplace. Who needs to report?
  • 16. A student approaches a faculty member to report sexual harassment. The faculty member refers complainant to Title IX Coordinator THEN: Faculty member reports to the Title IX Coordinator OR: -University Police - Department chair/Dean - HR director (if accused is an employee) - Student Conduct Officer (if accused is a student) Department chairs, deans, HR, and student conduct should all keep TIXC in the loop. Title IX Coordinator reaches out to complainant/victim What Reporting Looks Like
  • 17. • Anyone likely to receive reports of sexual harassment or sexual violence. •Examples: Coaches, student-athletes, residence life staff, law enforcement, health center staff, student mentors, student leaders, administrators, faculty members, staff members. • People with first-line access to the campus community, lots of interaction. Who is most likely to report?
  • 18. • Report to the Title IX Coordinator or follow your department procedure •This may include reporting to your supervisor or department chair • Report as soon as possible University Police: 315-312- 5555 or the Title IX Coordinator How do I report?
  • 19. TITLE IX COORDINATOR Inquiries concerning the application of Title IX may be referred to: Lisa Evaneski Title IX Coordinator 501 Culkin Hall, 315-312-5604 Lisa.Evaneski@oswego.edu
  • 20. TITLE IX INVESTIGATORS Becky Nadzadi 315-312-5486 becky.nadzadi@oswego.edu Amy Plotner 315-312-3702 amy.plotner@oswego.edu Dr. Julie Pretzat 315-312-6612 julie.pretzat@oswego.edu
  • 21. This college is obligated by law to designate specific people who are specially trained and experienced address complaints of sex discrimination, including helping victims navigate the process and seek remedies. Why report?
  • 22. How does the TIXC help victims? • Provides information about available remedies: complaint processes on and off campus, filing a police report • Notifies the victim about resources: health services, counseling, academic support, local rape crisis center • Offers reasonable interim measures, which may include a change in housing, work schedule, academic schedule, and a no-contact order between the victim and accused
  • 23. Why You Call The Title IX Coordinator The law requires the college to designate a Title IX Coordinator to do this job.
  • 24. Why can’t the supervisor/professor/RA just “handle it”? Penn State •15 years of non-compliance with TIX • Coaches and senior administrators knew of long-time sexual misconduct (child sex abuse) and failed to report it properly and remedy it. •Title IX protects any person on campus or w/a nexus, including visitors • Fear of retaliation at PSU
  • 25. Law enforcement involvement does not relieve the institution from investigating under Title IX. Also: you may have a TIX violation without a criminal violation (standard of proof is different). How about I just tell the police?
  • 26. What else does the Coordinator do? - Keeps track of reports and complaints: a centralized and organized record for all investigations of sex discrimination - Identifies patterns of harassment among certain groups, departments, geographic locations, teams, clubs, etc. -Provides training to the campus community
  • 27. Victim A Victim B Victim C Dean RA Police Officer Available evidence is different in each case. A and B may not want to file a criminal complaint. The Dean and RA each intend to “handle” the situation however they can. No one knows that there are three alleged victims naming the same accused student. Worst Case Scenario
  • 28. What about confidentiality? •The Title IX Coordinator is a professional— information reported is never broadcast or otherwise made public. •The college will protect your privacy to the extent possible under the law •The college is required by law to investigate, but that investigation will be limited by the information provided by victims and the victim’s interest in pursuing a formal complaint
  • 29. Why isn’t confidentiality GUARANTEED? The Coordinator has to balance confidentiality with the safety of other members of the college community. Examples: repeat offenders, accused poses an imminent threat of danger to the complainant or the community, accused has access to a vulnerable community
  • 30. Who can I talk to confidentially? •Local off-campus rape crisis center •Licensed mental health professionals •Clergy • If you’re not sure of someone’s ability to keep information confidential, ask them.
  • 31. What’s the point in reporting if a complainant doesn’t want a hearing? • The Title IX Coordinator can help victims by providing remedies and resources, as well as assessing training and safety needs on campus based on whatever information is provided by the victim. • Victims might and can change their minds.
  • 32. S/he was taking drugs or alcohol at the time and is afraid to report. Good Samaritan Policy It is the intent of the College to encourage a witness or victim of an alcohol or other drug overdose to seek emergency assistance. The College aims to prevent future alcohol and drug related emergencies by providing education to victims of such emergencies and referring those victims to appropriate services. To that end, the College expects students to report emergency need for medical attention when they observe them.
  • 33. Reluctant Victim What if a complainant doesn’t want to file a written complaint? What if the complainant is reluctant to cooperate at all?
  • 34. The TIXC will inform you or the victim about: •Available medical services, counseling, and academic support services, whether on or off-campus • Options, including Title IX grievance procedure, filing a criminal complaint, using the campus judicial procedure • Available interim remedies before an investigation or hearing takes place (housing, academic, other) You’ve reported. What now?
  • 35. Many campuses have an internal grievance procedure that is administered by the Affirmative Action Office. It is a complaint resolution process with established timelines and procedures. There are both informal and formal resolution options. Cases of sexual violence may not be resolved by mediation. What is the grievance procedure?
  • 36. The TIXC will investigate by reviewing relevant information and interviewing pertinent witnesses. S/he may bring the complainant and accused together (except in cases of sexual assault). All parties must mutually agree to resolve the matter. At any time, the complainant can elect to proceed to the formal procedure. What is informal resolution?
  • 37. • Complainant completes intake form • Interviews conducted with the complainant and accused • Witness interviews • A review of written statements submitted by the parties • Determination is issued by the AAO to the complainant and respondent How is the complaint reviewed?
  • 38. A. A determination that the complaint was not substantiated. Complaint is dismissed and the College does not take further action. B. A determination that the complaint was substantiated. Complaint is forwarded to the appropriate disciplinary process (for students and union members) or President can take action. What are the outcomes of formal resolution?
  • 39. • All parties will be treated equally and fairly • Retaliation is prohibited (against ANY participants in the process— accused, victim, witnesses, reporting individuals) • Alternative arrangements during hearings • Prompt investigations, published timelines • Notice of outcome What protections does Title IX Offer to Parties?
  • 40. Retaliation against ANY participants in the process—accused, victim, witnesses, reporting individuals—is prohibited. Retaliation Focus
  • 41. Two Sentence Wrap-Up The college has a duty to promptly address complaints of sex discrimination, including sexual harassment and sexual violence, to limit the effects of the discrimination, and to prevent its recurrence. The best way to meet this requirement efficiently is to have a clear and functional reporting channel to the Title IX coordinator and to train the campus community about how to recognize sex discrimination and how to report it.
  • 42. Two Sentence Wrap-Up, Simply College must (attempt) to: •Promptly help the victim •Eliminate future harm. Always report observed or experienced sex discrimination to the Title IX Coordinator.
  • 43. For more information Counseling Center 315-312-4416 Dean of Students 315-312-3214 Health Center 315-312-4100 Human Resources 315-312-3702 Lifestyles Center 315-312-5648 Services to Aid Families 315-342-1600 (or x7777) Student Conduct & Compliance 315-312-3378 Title IX Coordinator 315-312-5604 University Police 315-312-5555
  • 44. RESOURCES www.oswego.edu/about/titleix
  • 45. Informational brochure Can be downloaded from the Title IX website or request copies from the Title IX Coordinator 315-312-5604.
  • 46. oswego.edu/student/handbook
  • 47. UNIVERSITY POLICE www.oswego.edu/administration/police For more information about safety on campus read the Annual Security and Fire Report: -crime statistics for specific criminal offenses and judicial referrals -prevention programs and policies for sexual assault, alcohol and other drug abuse, and other safety concerns.
  • 48. HUMAN RESOURCES www.oswego.edu/administration/human_resources Sexual Harassment Policy Workplace Violence Policy Domestic Violence Policy Bias Response Report