3. Scope of the Issue
• Less than 8% of men on campus commit more than 90% of the sexual
assaults on campus
• 88% of the women sexually assaulted on campus do not report the
incident.
• Only 2% to 8% of sexual assault claims are found to be false.
4. Scope of the Issue Continued
• Three national studies regarding sexual assaults on campuses
• 16% of the average female student body is assaulted
• 20% of the average female student body is assaulted
• 25% of the average female student body is assaulted
5. Scope of Issue Continued
• 95% of college presidents say their institutions handle sexual assault
appropriately.
• Yet, in 2012, 45% of colleges reported zero sexual assaults.
6. Campus Statistics
• 1 in 30 men are victims of sexual assault
• Up to 80% of victims know their attacker
• Up to 80% of sexual assault cases involve alcohol
7. Three Laws Impacting Higher Education
• Title IX (1972)
• Clery Act (1990)
• Violence Against Women Act of 2013, Section 304 (Campus
SaVE Act)
8. Title IX
• “No person in the United States shall, on the basis of sex (gender), 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.”
• Anti-discrimination law based on gender: sexual harassment and sexual assault
are viewed as forms of discrimination under Title IX.
• Myth-Buster—Never associated with Athletics
• Noncompliance may result in loss of federal financial aid
9. Selected Cases Affirming Title IX
• Haffer v. Tempe University (1988)
Established women’s athletic budgets were to be based on percentages of
athletes who are women.
• Franklin v. Gwinnett County Public Schools (1992)
Entitled to punitive damages in addition to corrective measures if institutions
deliberately avoided the law.
• Gonyo v. Drake University (1993)
University could eliminate a men’s team in lieu of adding a women’s team.
10. What is the Clery Act?
• Named after Jeanne Clery
• Requires universities to disclose campus
crime on an annual basis
• Must have a publicly accessible log
• Must send out timely warnings
• Fine of $35,500 per violation
• Consumer protection law
11. Clery Act Cases
• Eastern Michigan University
• Murder of co-ed on campus led to $357,000 fine
• Final result of law suits, lawyer payments $7,000,000+
• Virginia Tech
• Failure to issue timely warnings in first two deaths results in two fines totaling
$55,000
12. Penn State Case
• Penn State University
• Sexual assault of 10 young men for 45 counts; final disposition has not been
resolved
• NCAA levied $60M fine
• Five years to investigate
• Record $2.4M fine
• Graduate student awarded $7.4M
• Possibility of additional cases
13. Violence Against Women Act of 2013,
Section 304
• 2013 version reaffirmed and strengthened an early version of the law
• Requires Protection Orders be valid in all states, U.S. territories and
tribal reservations
• The Largest Impact on College Campuses--Created Section 304, which
is sometimes erroneously referred to as the Campus SaVE Act
14. VAWA, Section 304
(combines Clery Act and Title IX)
• Requires all colleges/universities accepting federal financial aid to
conduct annual Title IX training for faculty, staff and students.
• Adds three additional categories to the Clery Act: domestic violence,
dating violence, and stalking
• Institutions must publish the sexual assault/harassment procedures
• Institutions must have a sustained, multi-faceted educational
program in place
15. Frequency of Investigations for
Title IX Violations
• 207 current investigations underway
• 167 different universities and colleges under investigation
• Investigations generally take 2-3 years to complete
• Very thorough—you drop everything
16. “The Hunting Ground”
• Initial thoughts?
• Where these institutions fairly/unfairly depicted?
• Your thoughts if you were an alumnus of one of these campuses?
17. Gardner-Webb’s Campaign
• Reworked university’s Sexual Misconduct and General Harassment
Policy
• Development of 14-page reference booklet
• Development of a front-back quick reference sheet
• Bulletin board flyers on Title IX
• Title IX info in Campus Emergency Response booklet
18. Campaign continued
• Bulletin board flyers on Bystander Intervention
• Purchase of CDs for RA and campus-wide programming
• 12 members of GWU community are trained as certified investigators
• Contract with Work Place Answers for required training
• Title IX Webpage on the GWU website
19. Deputy Coordinators
• Dr. Doug Bryan--for complaints related to faculty or academic
personnel
• Ms. Pam Scruggs—for complaints related to athletics
• Ms. Frances Sizemore—for complaints against non-faculty employees
• Ms. Sarah Currie—for complaints related to students
• Elizabeth Pack—for complaints related to off-campus and or distance
learning students
• Kathy Simpson—for complaints related to graduate studies
20. Required Training for Title IX and Clery
• Work Place Answers will provide an on-line, web-based training
module which can accessed via desktop, laptop or tablet 24/7
• Faculty and Staff version will be much like the OSHA module
• Student module has a mixture of video clips, anime cartoons and
sound bytes
21. Options for Reporting Sexual Assault
• Confidential Reporting to Counseling or Ministerial Offices
• Title IX Coordinator for on-campus investigation
• University Police, Local Police or Sheriff’s Department
• Combination of on-campus and law enforcement
22. Investigative Phases
Advocacy for complainant
• Immediate medical attention and counseling
Investigation
• The Campus Title IX Coordinator will determine how the case will be
investigated and will assign two unbiased investigators.
Hearing and adjudication
• Committee on Sexual Misconduct and General Harassment
23. Consent
• Which is defined as voluntary, positive agreement between the
participants to engage in specific sexual activity.
• Previous consent does not translate into current or future consent
• Once consent is withdrawn, it becomes sexual assault
24. Consequences of Sexual Misconduct
• Pages 72-73 of the Student Handbook
• May range from Loss of Privilege to Suspension/Expulsion
• Federal and states move to add to academic transcripts
25. Burden of Proof
• Beyond a Reasonable Doubt
• Proof of such a convincing character that one would be willing to rely and act
upon it without hesitation
• Clear and Convincing
• Evidence presented by a party during the hearing must be highly and
substantially more probable to be true
• Preponderance of Evidence
• Did it more likely to have occurred than not. 50% plus a fraction
26. Good Samaritan Policy
• Designed to encourage students to seek medical attention without
fear of penalty
• Primary concern is the safety and health of our students
• In life threatening emergencies, neither the student needing medical
assistance nor the student seeking assistance will face a conduct
hearing
• This policy does not protect a student from law enforcement
personnel, but is consistent with state law.
27. Who is Gardner-Webb’s
Title IX Coordinator?
Required by Federal Law to assign compliance efforts to a single
campus official and publicize named individual to the faculty,
staff and student body.
Dr. Cary Poole,
Assistant Vice President for Title IX Compliance
303 Tucker Student Union
704-406-2155
cpoole3@gardner-webb.edu
28. Campus Accountability Safety Act
(C.A.S.A.)
• Requires designated confidential counselors
• Must have mutual aid agreements with local law enforcement and
emergency response groups
• Must distribute a Campus Climate Survey
• Moves fines for Clery Act and Title IX violations to $150,000 per
violation
29. Campus Climate Survey
• Will be distributed next Spring Semester
• Takes just a few minutes to complete
• This is your chance to be heard and to give the University appropriate
feedback
• Concerns and findings will be shared with the President and BOT
30. High Profile Title IX Cases
• Jameis Winston—Quarterback for FSU and Tampa Bay Buccaneers
• Occurred off campus
• Assault was witnessed and video recorded by two teammates
• A year lapsed between initial reporting and campus investigation
• The university has settled for $950,000 out of court.
• Personal lawsuit pending against Jamison Winston
31. High Profile Cases continued
• Peyton Manning—Quarterback for UT and Denver Broncos
• Incident occurred in 1996, but is tied to recent sexual assault cases through
court records
• What is alleged by a faculty member……..
• University originally blamed another student
• University paid $300,000 for an out-of-court settlement: DND signed
32. Peyton Manning continued
• Peyton mentions her in a book; settles out-of-court
• Peyton mentions her again during an ESPN interview; settles out-of-court
• Story broke the Monday after the recent Super Bowl victory
• Some questioning his “squeaky clean” image
33. Additional Consequences
• Eight women have filed a class action lawsuit
• Awarded $2.48 million
• Proved a culture of indifference to sexual assault
• UT must add 6 additional Title IX investigators
• Began by opening up the Peyton Manning case
34. Baylor University
• Eight sexual assaults by student-athletes
• Two cases have resulted in convictions
• Six cases await trail
• Consequences by the administration failing to act
• President, Athletic Director and Head Football coach are fired
• Independent Investigation found the university to have “lost institutional
control”
• “Football personnel actively interfered with both police and student
conduct reviews”
35. Newest Developments at Baylor
• Title IX Coordinator steps down and receives $1.5M
• Refused to sign a non-disclosure agreement
• Federal government has not weighed in yet (complaint filed this
week)
37. Baylor debacle continues
CAB t-shirts National Sexual Assault Survivor
• My apologies to @Baylor
survivors. My heart is breaking
for you. How dare these people
mock your pain. Our pain. You
are not alone
38. Harvard Soccer Team
• Men’s team rated the Women’s soccer team from 2012 until 2016
• Women rated on physical appearance and sexual appeal
• President suspended remainder of the season
• Leading their conference at the time of suspension
39. Washington State University
• IFC and PHC shut down all social activities for Greeks
• Two sexual assaults within one fraternity house
• Several students injured
• Student found dead
• Affects 60 organizations
