Welcome to Title IX Employee Training at BYU Hawaii. We hope you find this presentation interesting and informative as we go through the important areas for addressing sexual misconduct.
By the end of this presentation, staff and faculty will understand their responsibilities in relation to Title IX legislation and feel more confident to deal with sexual misconduct. The following list of objectives details how this is to be accomplished and will be addressed in this presentation. This is a rather formidable list, but as we go through the slides, you will have answers and also know where to go to find more detailed information
What is Title IX? Title IX is the federal law that prohibits discrimination on the basis of sex in education institutions. Title IX also includes equal opportunity in the athletics program and in employment in educational institutions. In 2011 Sexual Misconduct took on a more prominent emphasis, and we will address these issues in the following slides.
So why is Title IX important to BYU- Hawaii?
It is important to provide a safe place for our students to live and learn. It is also important that we are compliant with the law because it affects federal funding. BYU-Hawaii is dedicated to creating a campus community that is safe and respectful and constantly strives to ensure a peaceable environment for learning, working and living that promotes equal opportunity and non-discrimination for all.
Title IX Coordinators are expected to play a critical role in helping a school ensure that every person affected by its operation – including faculty, staff, and students –is aware of their legal rights under Title IX, and that the school and all of its employees, through its policies, procedures, and practices, complies with its legal obligations . Dr Debbie Hippolite Wright is the Title IX Coordinator for BYU Hawaii.
Once a university has notice of a sexual misconduct case the nine points of Title IX must be met. Investigation must be thorough, reliable and impartial. The process must be prompt, efficient and equitable towards the complainant and the respondent. Remedies must end discrimination, prevent recurrence and minimize the effects upon the victim and the community. A critical issue under Title IX is whether the school recognized that sexual harassment has occurred and took prompt and effective action calculated to end the harassment, prevent its recurrence and as appropriate, remedy its effects. If harassment has occurred, doing nothing is always the wrong response. The important thing is for school employees or officials to pay attention to the school environment and not to hesitate to respond to sexual harassment in the same reasonable, commonsense manner as they would to other types of serious misconduct.
The following are the four types of sexual misconduct defined by Title IX: sexual harassment, stalking, dating or domestic violence and sexual assault or violence. Let’s talk about these four areas in more detail.
What is Sexual Harassment?
The key words in this definition are unwelcomed conduct of a sexual nature that is not invited. Sexual Harassment can be verbal such as disrespectful nicknames, sexual suggestive comments or inappropriate jokes A non verbal example could be staring, sending unwanted personal gifts, or unwanted written messages Physical harassment is invading someone’s personal space, even hugging could be considered here if it is unwelcome Sexual harassment by school employees can include unwelcome sexual advances, or requests for sexual favors. IN ORDER FOR SEXUAL HARASSMENT TO OCCUR IT MUST BE UNWELCOME.
Sexual harassment can be committed by an individual or a group.
How to Respond: If you feel comfortable and safe resolve the issue privately or seek assistance from the university.
So what is Stalking? Stalking is repeatedly following another, either physically, electronically or communicating on social media leaving a person feeling intimidated or threatened
Some cultures don’t regard following someone you are interested in as unusual behavior; however, in the United States, if the person you are following feels uncomfortable and unsafe, that is considered stalking and is inappropriate.
An example of stalking is texting another person repeatedly when it is not welcome Stalking can also be severe aggressive behavior likely to intimidate or intentionally hurt or control another person—in real life or via technologies. It often involves an imbalance of power and negative repeated behavior.
We can respond to this by asking them to stop, if we are comfortable in doing so.: However, if one is not comfortable in confronting the stalker, the Title IX coordinator should be involved so that appropriate action can be taken.
Dating or Domestic Violence is a pattern of abusive behavior used by one partner to control another. This can be emotional, verbal, sexual or physical and some examples include
Controlling behavior Extreme jealousy Isolating from family or friends Possessiveness Constantly criticizing Pressuring to have sex Physically hurting in any way
Sexual Violence or assault is the actual or attempted sexual contact with another person without that person’s consent. Consent: Cannot be obtained when someone is: 1. A minor (under 18) 2. incapacitated due to alcohol or drugs 3. has certain disabilities In the absence of an outward demonstration, consent does not exist.
For a Title IX investigation, consent is clearly communicating “yes” about sexual activity . Under Title IX consent can be limited to certain acts and revoked at anytime. If a loud “NO” is communicated, consent is clearly not given.
These statistics are quite shocking because it shows that 20 – 25% of female college students report they have been sexually assaulted- mostly freshmen. Statistics show that 4 – 6% of college men report having survived a rape or attempted rape in their lives: however, when you realize that this is the least reported crime, you know the actual figures are much higher. 90% of assaults are committed by someone they know, and college situations give rise to these figures when students live, work and study in close proximity. In traumatic situations we need to be able to help students gain access to valuable resources, as the emotional shock can inhibit them thinking clearly and logically.
If you or someone you know has been a victim of sexual misconduct, all incidents should be reported to the Title IX Coordinator. Reports will be kept confidential, within the limits of the law, to protect the complainant and all others involved. Office of Honor, Counseling Services and Campus Security are available on-campus to give support and to help report an incident. Incident reports can be filed by email, phone, through the Title IX website or going directly through the Sexual Harassment Hotline.
Who are Mandatory Reporters. The answer is “Responsible employees “ in other words those individuals who have actual or perceived authority to address sexual misconduct. So all those employees such as Deans, Directors, Department Chairs, Professors, Coaches, Security Officers, managers or supervisors have the mandate to report incidents to the Title IX Office.
However, under your employment contract, BYU Hawaii expects all staff to report sexual misconduct. We all have a responsibility to keep our campus safe by reporting sexual misconduct incidents.
Lets assume you, as an employee have a student come to you saying that she or he has been sexually assaulted. What can you do to help in this situation. Firstly, support the victim by believing him/ her. Tell the victim your reporting obligations. Do not ask “WHY” and start investigating. Do not promise anonymity because the event must be reported to the Title IX coordinator. If the attack was recent, preserve all available evidence.
Preserving Evidence is often key in investigating a crime. The victim needs help and will want to wash and clean straight away. However, we need to help the victim realise that preserving evidence will help the investigation to identify the perpetrator and provide evidence for their prosecution. It may be necessary to take the victim to the ER where trained personnel will gather the evidence.
Sexual Assault must be reported to the Title IX Coordinator. It will be the Title IX Coordinators role to determine how far the victim wants to pursue an investigation. Sometimes the victim will not want the investigation to go anywhere, and if that is their request the university will comply with the request. However, sometimes the victim just wants the university to investigate and does not want to involve the police. That is their right to ask this and the university will not involve the police. However, if the victim does want to involve the police and report the crime, the police investigation and the Title IX investigation will proceed separately.
A conflict of interest may occur when a student comes to his or her Bishop or Stake President for help with a sexual crime, and the Bishop or Stake President is also an employee of BYUH . As an employee of BYU-H, he is required to report all cases of sexual misconduct to the Title IX Coordinator. In resolving this conflict, Bishops and Stake Presidents must determine whether or not the victim came to them in their clerical (clergy) role or in their role as an employee of the University. Regardless of the meeting place, it is most likely to be the former. If the Bishop/Stake President believes that failure to report a privileged communication (e.g. confession by an abuser) places the victim or other potential victims at risk, he has a conflicting obligation to protect them from further abuse. This is a complex legal situation which requires advice to ensure that (i) the victim is protected and given appropriate support, (ii) the risk of further offending is addressed, and (iii) the offender is held to account for the alleged misconduct. In cases where a crime has been committed, whatever desire the clergy may have to assist in the spiritual rehabilitation of the offender, must not be allowed to circumvent the requirement of accountability to the law. Spiritual rehabilitation can come after the requirements of the law have been met. Where such a conflict exists, Bishops are instructed to consult with their Stake Presidents, who in turn will contact the Church hotline established to give counsel in how to appropriately resolve this conflict within the requirements of the law.
The Counselling office, the Health Center and Bishops and Stake President’s Offices are all deemed confidential and are not required to report the incident to the Title IX Office. Church leaders, counsellors and health care workers can talk with a victim confidentially unless a potential risk to health and safety becomes obvious.
If a student requests confidentiality and decides not to press charges in a sexual violence case, a report of the incident must still be made in order to comply with the Clery act. (campus crime reporting law) The law allows us to protect students from retaliation . However, if the safety of others in the community could be at risk, the good of the whole may need to outweigh one student’s confidentiality request.
Once a responsible employee has been notified of sexual misconduct, the Title IX Coordinator must be notified so the event can be logged. The Title IX Coordinator interviews the alleged victim and follows their wishes as to whether or not this incident should be investigated. The investigation is done by a trained Title IX investigator who will come to a conclusion by using “a Preponderance of evidence” that the assault occurred. (50% plus a feather) The complainant has the right to ask for an investigation or decline. If he/she declines the university cannot proceed but will record the incident as a number for statistical purposes. All investigations are to be prompt, fair and impartial.
Retaliation - BYU-H prohibits retaliation against any employee or student who reports an incident of alleged sexual violence, or any employee or student who testifies, assists or participates in a proceeding, investigation or hearing relating to these allegations.
Victims of sexual assault are more likely to suffer from depression, develop post-traumatic stress disorder, abuse alcohol or drugs, and perform poorly academically. To mitigate the repercussions of the assault the Title IX co ordinator can make accommodations . The student can be moved to a new dorm or house, the academic scheduling can be changed so that the complainant and the alleged perpetrator are not in the same class, Campus Security can provide escort as required, work schedules can be reorganized and the perpetrator can have activities restricted.
Unfortunately, statistics show that many victims do not report this crime straight away or even at all. A listening ear that offers help free of judgement can do much to help restore their confidence. Offering to go with them to report to the Title IX co-ordinator, or to go to Campus Security with them is the biggest help of all.
The Athletics Department is affected by Title IX in that it must provide equal funding for male and female sports teams in their department.
In reading these two scenarios, do you feel more confident now in helping if either of these cases come to your attention. Definitely the first scenario is a Title IX case and needs to be brought to the attention of the Title IX coordinator. In case number two, can you access Campus Security, support the victim, get her help medically if needed and help her/him report the case? We need to be able to find the help needed in these situations and the following slide will help as well.
The bottom quick link on the BYUH Home Page can take you directly to the Title IX website. There you will find contact information, community and campus resources, brochures, articles, training videos and modules and even a quiz. We invite you to visit this website and take advantage of all the information.
Did we meet these. We hope so. All answers are available on the website and should you have any queries, please don’t hesitate to call the Title IX office or send us an email. Thank You.
Title IX Training for Employees
TITLE IX TRAINING
TITLE IX TRAINING
• To know how to prevent and identify sexual misconduct
• To recognize behavior or other warning signs of sexual misconduct
• To know how to respond appropriately to reports of sexual
misconduct and to avoid secondary trauma
• To know how to assist students to report sexual misconduct
• To know how to protect students’ confidentiality to the extent
• To understand procedures for responding to a student’s request for
• To be able to locate the University’s sexual misconduct policies and
• To know and perform your duties as a Mandatory reporter
• To know where to go to provide students with information on
victim advocacy, counseling, Title Ix Coordinator, and options to
reporting to police
WHY IS TITLE IX IMPORTANT
• Because it is a Student’s Right to
have a safe education
• Because it is THE LAW
• Because it affects funding
Who is the Title IX coordinator and
what is her role in this process?
Debbie Hippolite Wright PhD
It is the Coordinator’s role to
ensure the University complies
with its legal obligations under Title IX-
policies, procedures, and practices.
ONCE THE UNIVERSITY HAS NOTICE
• Investigation must be THOROUGH, RELIABLE and
• Process must be PROMPT, EFFICIENT and EQUITABLE
• Remedies must END DISCRIMINATION, PREVENT
RECURRENCE and MINIMIZE the EFFECTS upon the
victim and the Community
• sexual harassment
Unwelcomed speech or
conduct of a sexual nature
including unwelcomed sexual
advances, request for sexual
favors & other verbal,
nonverbal or physical conduct
that is not invited.
• Repeatedly following,
physically, or by telephone,
communication, or social
Pattern of abusive
behavior used by
one partner to
SEXUAL VIOLENCE OR ASSAULT
Consent is clearly communicating
“yes” about sexual activity on your
own terms. It can be limited to
certain acts and revoked at any
FACTS• 1 in 5 female college students are sexually assaulted
• 4% of college men report having survived a rape or
attempted rape in their lives
• 90% of assault is committed by an acquaintance
• It is the least reported crime in the US
• Cultural differences are common on our campus.
However, regardless of that, we must follow the Honor
Code and the Law
• Students need help to access available resources in
traumatic situations because the emotional shock
interferes with clear and logical thought processes
How do I get help if I have a
• Title IX Website- titleix.byuh.edu
• Title IX email- email@example.com
• Title IX Coordinator-(808)-675-4819
• Ethics Point Hotline- (website)
• Sexual Harassment Hotline-(808) 780-
WHO ARE MANDATORY
Those with positions of responsibility:
UNIVERSITY SECURITY OFFICERS
When is it your responsibility?
• Even if they are not
designated by law
policy expects all
staff to report
as a condition of
GUIDELINES FOR RESPONSIBLE/
• SUPPORT THE VICTIM
• TELL VICTIM YOUR REPORTING OBLIGATIONS
• DO NOT ASK ‘WHY’?
• DO NOT INVESTIGATE
• EVEN WHEN THE VICTIM REQUESTS
ANONYMITY THE EVENT MUST BE REPORTED
TO THE TITLE IX COORDINATOR
• PRESERVE EVIDENCE
• Do not wash, comb, clean any part of the
body or change clothes if possible
• Do not touch anything at the scene of the
assault, it is a CRIME SCENE
• Preserve ALL evidence
• Sexual Assault MUST be
reported to the Title IX
• Optional whether or not
complainants contact the
ECCLESIASTIC VS EMPLOYEE
WHAT SHOULD YOU DO IF YOU
ARE A BISHOP OR STAKE
PRESIDENT, AND ALSO A SENIOR
EMPLOYEE OF BYUH AND A
STUDENT COMES TO YOU
ABOUT SEXUAL ASSAULT?
• Academic scheduling
• Campus Security
• Work schedules
• Restriction in activities
BE AN ACTIVE BYSTANDER
• Do step in to help
• Believe them, do not blame
• Let them know you are there
• Avoid asking “why” questions
• Offer to go with them to get
• Be respectful
ATHLETICS - EQUAL FUNDING
• Funding for students must not favor one
gender over another.
• A student reports to you that she has recently broken
up with her boyfriend and he has posted her naked
photos on Facebook. She is now scared to come to
class wondering what her friends will think of her. Is this
a Title IX case?
• You are coming home late and walking past the Aloha
Center when you hear sobbing. On investigating you
find a distressed female student with ripped clothing
cowering in the corner. She says she has been sexually
assaulted. What do you do?
MORE • For more information, go to the
Title IX website: titleix.byuh.edu
• Prevent and identify sexual misconduct
• Recognize behavior or other warning signs of sexual misconduct
• Know how to respond appropriately to reports of sexual misconduct and
to avoid secondary trauma
• Assist students to report sexual misconduct
• Know how to protect students’ confidentiality to the extent permissible
• Procedures for responding to a student’s request for confidentiality
• Know how to find the University’s sexual misconduct policies and
• Know your duties as a Mandatory Reporter
• Know where to go to provide students with information on victim
advocacy, counseling, Title Ix Coordinator, and options to reporting to
DID WE MEET THESE OBJECTIVES?