Title IX: What Everyone Needs
to Know
• What is Title IX?
• What is sex discrimination, including sexual assault
and sexual harassment?
• How do I report it?
• ...
Title IX of the Education Amendments
of 1972 prohibits sex discrimination in
educational programs and activities.
What is ...
No person in the United States shall, on the
basis of sex, be excluded from participation in,
be denied the benefits of, o...
The College has a duty to promptly respond
to complaints of sexual harassment and
sexual violence in a way that limits its...
Sex discrimination includes all forms of sexual
harassment, including verbal sexual harassment and
sexual violence by empl...
Sex Discrimination
Sexual assault
Sexual
harassment
Sexual violence
Sexual coercion
Rape
Sexual violence: physical sexual acts
perpetrated without consent.
Consent is clear, unambiguous, and voluntary
agreement ...
Sexual harassment is unwelcome conduct of a sexual
nature that is sufficiently severe, persistent or pervasive
that it unr...
43. D. Sexual Misconduct including all forms of sexual violence, including but not
limited to:
 the imposition of sexual ...
Victims of sexual harassment or sexual violence
might be faculty, staff, students, or third parties.
Similarly, the accuse...
• What should I report?
• Who needs to report sexual
harassment or sexual violence?
•How do I report? When? To whom?
• Am ...
• Any observed, experienced, or known sex
discrimination, including sexual
harassment and sexual violence.
• Doesn’t matte...
Anyone who experiences, observes, or hears
about an incident of sexual harassment or sex
discrimination should report it t...
Everyone should report.
Examples:
Coach who receives a report of sexual assault from a
student-athlete.
Residence Assistan...
A student approaches a faculty member to report sexual
harassment. The faculty member refers complainant to Title
IX Coord...
• Anyone likely to receive reports of sexual
harassment or sexual violence.
•Examples: Coaches, student-athletes, residenc...
• Report to the Title IX Coordinator or follow
your department procedure
•This may include reporting to your supervisor
or...
TITLE IX COORDINATOR
Inquiries concerning the application
of Title IX may be referred to:
Lisa Evaneski
Title IX Coordinat...
TITLE IX INVESTIGATORS
Becky Nadzadi
315-312-5486
becky.nadzadi@oswego.edu
Amy Plotner
315-312-3702
amy.plotner@oswego.edu...
This college is obligated by law to
designate specific people who are
specially trained and experienced
address complaints...
How does the TIXC help victims?
• Provides information about available remedies:
complaint processes on and off campus, fi...
Why You Call The Title IX Coordinator
The law requires the college to
designate a Title IX Coordinator to
do this job.
Why can’t the supervisor/professor/RA just
“handle it”?
Penn State
•15 years of non-compliance with TIX
• Coaches and seni...
Law enforcement involvement does not
relieve the institution from investigating
under Title IX.
Also: you may have a TIX v...
What else does the Coordinator do?
- Keeps track of reports and complaints: a
centralized and organized record for all
inv...
Victim A Victim B Victim C
Dean RA Police Officer
Available evidence is different in each case. A and B may
not want to fi...
What about confidentiality?
•The Title IX Coordinator is a professional—
information reported is never broadcast or
otherw...
Why isn’t confidentiality GUARANTEED?
The Coordinator has to balance
confidentiality with the safety of
other members of t...
Who can I talk to confidentially?
•Local off-campus rape crisis center
•Licensed mental health professionals
•Clergy
• If ...
What’s the point in reporting if a
complainant doesn’t want a hearing?
• The Title IX Coordinator can help victims by
prov...
S/he was taking drugs or alcohol
at the time and is afraid to report.
Good Samaritan Policy
It is the intent of the Colleg...
Reluctant Victim
What if a complainant doesn’t want to file a
written complaint?
What if the complainant is reluctant to
c...
The TIXC will inform you or the victim about:
•Available medical services, counseling, and academic
support services, whet...
Many campuses have an internal grievance
procedure that is administered by the Affirmative
Action Office. It is a complain...
The TIXC will investigate by reviewing relevant
information and interviewing pertinent
witnesses. S/he may bring the compl...
• Complainant completes intake form
• Interviews conducted with the complainant
and accused
• Witness interviews
• A revie...
A. A determination that the complaint was
not substantiated. Complaint is dismissed
and the College does not take further
...
• All parties will be treated equally and fairly
• Retaliation is prohibited (against ANY
participants in the process—
acc...
Retaliation against ANY participants
in the process—accused, victim,
witnesses, reporting individuals—is
prohibited.
Retal...
Two Sentence Wrap-Up
The college has a duty to promptly address
complaints of sex discrimination, including sexual
harassm...
Two Sentence Wrap-Up, Simply
College must (attempt) to:
•Promptly help the victim
•Eliminate future harm.
Always report ob...
For more information
Counseling Center 315-312-4416
Dean of Students 315-312-3214
Health Center 315-312-4100
Human Resourc...
RESOURCES
www.oswego.edu/about/titleix
Informational brochure
Can be downloaded
from the Title IX website
or request copies from
the Title IX Coordinator
315-312...
oswego.edu/student/handbook
UNIVERSITY POLICE
www.oswego.edu/administration/police
For more information about safety on campus read
the Annual Securit...
HUMAN RESOURCES
www.oswego.edu/administration/human_resources
Sexual Harassment Policy
Workplace Violence Policy
Domest...
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Title IX Training at SUNY Oswego (2013 Edition)

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Updated Title IX training via SUNY Oswego.

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Title IX Training at SUNY Oswego (2013 Edition)

  1. 1. Title IX: What Everyone Needs to Know
  2. 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. 3. Title IX of the Education Amendments of 1972 prohibits sex discrimination in educational programs and activities. What is Title IX?
  4. 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. 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. 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. 7. Sex Discrimination Sexual assault Sexual harassment Sexual violence Sexual coercion Rape
  8. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 23. Why You Call The Title IX Coordinator The law requires the college to designate a Title IX Coordinator to do this job.
  24. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 40. Retaliation against ANY participants in the process—accused, victim, witnesses, reporting individuals—is prohibited. Retaliation Focus
  41. 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. 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. 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. 44. RESOURCES www.oswego.edu/about/titleix
  45. 45. Informational brochure Can be downloaded from the Title IX website or request copies from the Title IX Coordinator 315-312-5604.
  46. 46. oswego.edu/student/handbook
  47. 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. 48. HUMAN RESOURCES www.oswego.edu/administration/human_resources Sexual Harassment Policy Workplace Violence Policy Domestic Violence Policy Bias Response Report

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