2. What Is Title IX?
It’s about discrimination, harassment and creating a situation or environment
that:
• interferes with the individual’s work or educational performance
• Creates an intimidating or hostile learning environment
• Interferes with or limits someone’s ability to participate in or benefit from an
educational program or activity.
Sexual Misconduct falls under Title IX: includes assault, rape, battery, coercion,
touching, suggestive actions, comments or degrading jokes, threats and more….
Harassment and Misconduct can be UNINTENTIONAL
3. What is Sexual Harassment?
Behavior of a person of either sex defined as UNWELCOME:
Sexual Advances
Requests for sexual favors
Other verbal or physical conduct of a sexual nature
When. . .
Submission to such conduct is made implicitly or explicitly a term or condition of
employment or academic status
Submission is used as the basis for decisions affecting academic standing or
employment
Such conduct interferes with an individual’s educational experience, or creates an
intimidating, hostile, or offensive learning, working or living environment
4. What is Sexual Misconduct?
Includes Sexual Harassment
Non-Consensual Sexual Contact
Non-Consensual Sexual intercourse
Sexual Exploitation
And also processed in this area are
Stalking
Some Hazing Activities
Domestic Violence*
* incorporated as part of the VAWA legislation
5. What is Stalking?
Stalking:
Course of conduct directed at a specific person causing
A reasonable person to fear for her, his, or another’s safety, or
to suffer substantial emotional distress.
Two or more acts, in which the stalker
directly or indirectly, or
through third parties,
by any action, method, device or means,
follows, monitors, observes, surveils, threatens or communicates to or about a person or
interferes with a person’s property.
“Substantial emotional distress” means a significant mental suffering or anguish
that may but does not necessarily require medical or other professional treatment
or counseling.
6. What is Domestic/Dating Violence ?
Dating Violence: Violence by a person who has been in a romantic or intimate
relationship with the Complainant.
Based on:
the length and
type of the relationship and the
frequency of interaction between the parties.
Domestic Violence: committed by the Complainant’s
current or former spouse,
current or former cohabitant,
person similarly situated under domestic or family violence law or anyone else
protected under domestic or family violence law.
7. What is Consent?
Consent is clear, knowing and voluntary.
Consent is active not passive.
Silence cannot be interpreted as consent
Consent can be given by words or actions (so long as mutually understandable
clear permission regarding willingness to engage in and the conditions of
sexual activity)
Consent to one activity does not imply consent to any other type of activity
Consent to prior activities cannot imply consent to future activity
Consent can be removed at any time
Individual giving consent must be of legal age
8. How can you know in advance if a behavior is unwelcome?
Here are some general guidelines to avoid committing unwelcome behavior:
respect the people around you,
think before acting,
imagine how other people might be feeling,
be sensitive to cultural differences,
exercise common courtesy, and
think twice before making a joke (any joke).
Intent vs. Impact
It is important to understand that the intent is not relevant in determining whether or not a behavior is sexual
harassment. All that matters is the impact of the behavior on the work environment. Regardless of intent, the behavior
will be judged on its impact upon the work environment.
This fact is critically important. The statement, "I didn't mean anything by it," is not a valid defense of harassing
behavior.
9. What is the role of the RA
Don’t Panic: You are NOT on your own….
Primary Responders
May be the 1st to recognize that there is “more to the story”
Connecting student(s) to immediate and future resources
Programmer/remediation
10. RAs must exercise their authority to help ensure that the building and campus
environment is free of sexual harassment. They must take every complaint seriously
and respond promptly to students reporting an event or requesting help.
Discourage any behavior which may be discriminatory or harassing. Such as offensive
remarks or demeaning verbal, written or visual jokes. You can help by setting an
example as a role model for the types of behaviors you expect from your residents.
Try to create an atmosphere in which people feel comfortable addressing issues and
participating in problem solving.
The law requires those in positions of authority to take action if they know or should
have known of discriminatory behaviors. This means you should not wait for a
complaint to be filed before taking action. If you become aware of a harassing or
discriminating situation, take action to stop the inappropriate behavior.
11. RAs must immediately report instances of sexual harassment to their AC or the AC
on duty.
Be supportive of complainants; but if a resident approaches you to "discuss" a
harassing situation, stating they just want to talk about it, let them know that you
are a mandated reporter. You should never promise to keep a situation involving
harassment just between the two of you.
Protect the privacy of all parties by maintaining confidentiality with in mandated
reporting.
