Title IX: Sex Discrimination Sexual harassment of students, which includes acts of sexual violence is a form of sex discrimination prohibited by Title IX. Title IX of the Federal Education Amendments of 1972 , 20 U.S.C. section 1681 and its implementing regulations, 34 C.F.R. part 106
TITLE IXCOORDINATORINQUIRIES CONCERNING THE APPLICATIONOF TITLE IX MAY BE REFERRED TO: HOWARD GORDON SENIOR TITLE IX COORDINATOR 708 CULKIN HALL, 315-312-2213 HOWARD.GORDON@OSWEGO.EDU
TITLE IXINVESTIGATOR Marta Santiago Title IX Investigator Human Resources Manager 405 Culkin Hall 315-312-3702 firstname.lastname@example.org
Sex discrimination includes all forms of:sexual harassment, sexual assault, and sexualviolence by employees, students, or thirdparties against employees, students, or thirdparties.Students, College employees, and thirdparties are prohibited from harassing otherstudents and/or employees whether or notthe incidents of harassment occur on theCollege campus and whether or not theincidents occur during working hours.
Sexual violence is physical sexualact perpetrated against aperson’s will or where a person isincapable of giving consent.Such acts include, but are notlimited to, rape, sexualbattery, and sexual coercion.
LETS TALK ABOUT CONSENT LEGAL AGE IN NY? PAST/CURRENT RELATIONSHIP? LEGAL vs. JUDICIAL STANDARDS? AOD USE? Code of Conduct says, “reasonably unable to consent for any reason, particularly due to their use of alcohol, or other substances”.
Sexual Harassmentincludesverbal, nonverbal orphysical conduct of asexual nature.
VERBAL HARASSMENT● sexual slurs, insults, or catcalls● sexual, sexist, or heterosexist (antigay or anti-lesbian)remarks or jokes about someone’sbody, clothing, activities, or sexual orientation● unwelcome sexual propositions, demands, or pressure forsexual activities● requests for romantic or sexual relations by a person inauthority, combined with an implicit or explicit threat orreward● repeated requests for dates despite being asked to stop
NONVERBAL HARASSMENT● sexually suggestivestaring, leering, sounds or gestures● sexually suggestive or degradingimages or graffiti (such as on T-shirts, posters, calendars, mugs, etc.)● use of such images to advertise events
PHYSICAL HARASSMENT● unnecessary and unwanted physicalcontact (for example, unwantedtouching, brushing, hugging, pinching)● unwelcome fondling or kissing● coerced sexual activity
Sexual exploitation occurs when astudent takes non-consensual orabusive sexual advantage of anotherfor his/her own advantage or benefit,or to benefit or advantage anyoneother than the one being exploited,and that behavior does not otherwiseconstitute one of other sexualmisconduct offenses.
Examples of sexual exploitation include, but are not limited to:• Invasion of sexual privacy• Prostituting another student• Non-consensual video or audio-taping of sexual activity• Going beyond the boundaries of consent(such as letting your friends hide in the closet to watch you having consensual sex)• Engaging in voyeurism• Knowingly transmitting an STI or HIV to another student• Exposing one’s genitals in non-consensual circumstances• Inducing another to expose their genitals• Sexually-based stalking and/or bullying may also be forms ofsexual exploitation.
Student Conduct Code43. D. Sexual Misconduct including all forms of sexualviolence, 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.
INSTITUTIONAL RESPONSIBILITIES If a school knows, or reasonably should know, about student on student harassment, the school must take immediate action to eliminate the harassment, prevent its recurrence and address its effects.
YOU = COLLEGEAs an employee of SUNY Oswego, if YOU know…the College knows.
YOUR MANY HATS… Employee on/off campus R.S.S. staff Fraternity/SORORITY MEMBER
If you find out about a TITLE IX violationinvolving a student, employee orvisitor, regardless of how you heardabout it or where it happened…REPORT IT! (Really, no exceptions! Any questions?)
IF YOU ARE A WITNESSTO, OR HEAR ABOUT AVICTIM OF AN ACT OFVIOLENCE OR SOMEONEREPORTS IT TO YOU …REPORT IT!
WHO NOT WHERETitle IX cares about who, especiallywhen it comes to our students.-On campus -Off campus-Out of town -Out of state-Out of country (you get the idea…)
IF SOMEONE REPORTSTO YOU Tell your supervisor Refer victim to University Police or other resources mentioned here
IF YOU WITNESS IT… Tell your supervisor File a written report Refer victim to University Police or other resources mentioned here
CONFIDENTIALITYYou are not protected under confidentiality. You MUSTreport in the following situations: Title IX (sexual harassment, sexual misconduct, sexual assault) Child abuse (under 18) Physical Violence, Threats of Violence Other guidance related to on call procedures
CONFIDENTIALITY, WHAT THE CODE SAYS:The College will protect the privacy of all parties to a complaint orother report of sexual harassment and sexual violence to the extentpossible.When the College receives complaints of sexualassault, harassment or sexual violence, the College has anobligation to respond in a way that limits the effects of the sexualharassment and sexual violence and prevent its recurrence.Information will be shared as necessary in the course of aninvestigation with people who need to know, such asinvestigators, witnesses, and the accused.If you are unsure of someone’s duties and ability to maintainyour privacy, ask them before you talk to them.
FILING A COMPLAINT:1. University Police 315-312- 55552. Other Resources: Affirmative Action 315-312-3702 Counseling Center 315-312-4416 Dean of Students 315-312-3214 Health Center 315-312-4100 Human Resources 315-312-3702 Judicial Affairs 315-312-3378 Lifestyles Center 315-312-5648 Services to Aid Families 315-342-1600 (or x7777)
WHAT WILL HAPPENWHEN IT IS REPORTED? We will explain victims options We will notify of on/off campus resources We will conduct an investigation, take some action
JUDICIAL PROCESS-Preponderance of evidence: “is it morelikely than not”-Victims have option to participate in avariety of ways-Hearing will usually happen independentof criminal case
UNIVERSITY POLICEwww.oswego.edu/administration/policeFor more information about safety on campus readthe 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.