Title IX Training Session Western New England University Policy and Procedure What is Title IX? • Federal civil rights law - prohibits discrimination on the basis of sex in education programs and activities. • Discrimination on the basis of sex can include • sexual harassment or sexual violence (rape, sexual assault, sexual battery and sexual coercion). Broken Down • Behavior of a sexual nature that limits or prohibits access to programs and activities. • Discrimination based on gender. Compliance Title IX requires that IMMEDIATE and APPROPRIATE steps be taken by the school once notified of possible discrimination, sexual harassment or misconduct. Dear Colleague Letter • Issued April 4, 2011 with recommendations from the Department of Education’s Office for Civil Rights (OCR) • Includes very specific directive on handling sexual misconduct. • Full Language of Dear Colleague Letter: http://www2.ed.gov/about/offices/list/ocr/letters/colleague201104.pdf Required Action • Investigate what occurred • Investigation must be Thorough, Reliable and Impartial • Take prompt and effective action to end the harassment • Remedy the effects on the complainant • Prevent it from occurring again Should I Make a Report? Yes! Mandatory reporting is required of all responsible employees on campus. • OCR’s definition of a responsible person is someone that: 1. Has the authority to take action to redress the harassment 2. Has the duty to report harassment or other types of misconduct to appropriate officials 3. A student could reasonably believe has the authority or responsibility to take action What Constitutes Notice? • Once a responsible employee receives a report the university has actual notice and a legal duty to investigate. • The responsible employee must share the report with his/her Supervisor, Manager, Director, Dean, Vice President, Title IX Coordinator or Deputy Coordinator. Responsible Employee Mandatory Reporter ALL employees are mandatory reporters of incidents involving discrimination, harassment and sexual violence covered by Title IX, Title VII and the Clery Act with the exception of employees with privilege. Employee With Privilege • Who is an employee with privilege? • On-campus mental health counselors • Campus health service providers • On campus members of the clergy and chaplains *Employees MUST BE hired for the role and acting in the role at the time the report is taken to be exempt from the mandatory reporter status. Responsible Employee Mandatory Reporter • Some institutions have identified employee groups, (such as RA’s), that must file a report, but may withhold personally identifiable information of the reporter, except if the incident reveals a need to protect the complainant or other members of the community. WNEU has not identified employee/groups to be excluded from responsible employee designation Bystander Someone who witnesses a problem behavior and does not do anything about it. • By doing nothing you promote “false consensus” • Trust your instincts and feelings. • Take action: Express your concern, offer support, follow up. • File a report Comfort V. Con?dentiality Confidentiality • Anyone reporting an incident of sexual misconduct must be informed by you that both you and the University have an obligation to report, investigate and act on the information. • If they continue with the report but insist on confidentiality, clearly state you cannot guarantee confidentialy and direct them to a licensed professional or clergy i.e. health services provider, mental health professional. Reluctant Reporter/Complainant If the complainant does not want their name used: • Explain the institution will take all reasonable steps to honor the request but that this may limit us in our responsive action. • Stress that privacy cannot be guaranteed if it would jeopardize their safety or the safety of others. • If they refuse to participate in the investigative process then apprise them in writing of the resources available to them. (Brochure available) On-Campus Resources • Campus Counseling Center • • Campus Center, Room 249 • Coordinator’s Office: Campus Center • Hours: Monday to Friday 8:30 AM to 4:30 PM • Room 247 • Email: spirituallife@wne.edu • Phone number: 413-782-1221 • Campus Spiritual Life Campus Health Center • • Campus Center • Center for the Sciences and Pharmacy • Second Floor • Suite 235 • Hours: Monday to Friday 8:30 AM to 4:30 PM • Hours: Monday to Friday 8:30 AM to 4:00 PM • Phone number: 413-782-1317 • Phone number: 413-782-1211 • No appointment needed Residence Life • Campus Police • Phone number: 413-782-1207 • Emergency phone number: 413-782-1411 Off-Campus Resources • There is a handout listing local off-campus resources posted throughout campus. • The local police are always a resource. • NOTE: The University has a responsibility to investigate and respond to sexual assault whether or not local law enforcement is pursuing criminal charges on the matter. Investigation • An investigator will be assigned to conduct a thorough investigation. • Title IX has a “promptness requirement” that provides a 60 day resolution period. • Title IX’s “effective requirement” says: • Stop the sexual harassment/misconduct immediately • Remedy the effects on the student • Impose sanctions designed to prevent a recurrence of the conduct Investigation Anytime during the investigation the complainant may also notify the following entities of their complaint with the University. The Department of Justice, Civil Rights Division and/or The Department of Education (OCR). Other Laws and Resources • Jeanne Clery Act 1990: • Requires Institutions of Higher Education to provide timely, accurate and honest reporting of criminal activity as well as publish safety policies and procedures and emergency plans on campus. • The WNEU report is located at: http://www1.wne.edu/assets/28/2013ACSFSR.pdf Clery was Last amended 2013 (VAWA Amendments) Other Laws and Resources • Violence Against Women Act (VAWA): • Required colleges and universities to include in their annual security reports incidents of domestic violence, dating violence and stalking reported to campus security authorities or local police agencies. • Addresses the most extreme cases of sexual harassment (4 crimes) • 1. Sexual Assault (rape, statutory rape, fondling, incest) • 2. Domestic Violence • 3. Dating Violence and • 4. Stalking Other Laws and Resources • VAWA requires universities to protect and assist victims (Students / Faculty / Staff) • Medical, Mental/Emotional Assistance (on campus/off campus) • Provide Police Assistance (if requested) • Protective Orders • University “No contact” order • Change of Residence, Class Schedule, Work Area, Work Schedule Other Laws and Resources • VAWA requires universities to provided training to students, faculty, staff (Initial and ongoing) • Definitions of crimes • Reporting Procedures • Victims Rights • Bystander Intervention • Victim rights are applicable regardless of where it occurred (on/off campus) or sexual preference • CLERY /VAWA and Title IX work together to enhance community safety. Other Laws and Resources • Campus Sexual Violence Elimination Act (SaVE Act): • Campus crime reports must include reports of stalking and domestic/dating violence • Schools must provide prevention and awareness programs for all incoming students and new employees. • Schools must have a robust policy for addressing sexual assault, rape prevention training, etc. Other Laws and Resources • Title VII (Portion of the Civil Rights Act of 1964): • Protects individuals from discrimination on the basis of race, color, religion, sex and national origin • Protects individuals who encounter sex-based discrimination that takes the form of sexual harassment • Western New England University Title IX Policy Located on the Human Resources web page under Employee Resources Faculty and Staff Rights • You have a right to protection in the work force against discrimination on the basis of sex which includes sexual harassment or sexual violence. • You are entitled to file a report with the University for any of the above if you feel that you have been discriminated against on the basis of sex. Protections The University upholds a no retaliation policy that provides protection to individuals that report an act of harassment and or discrimination. Title IX Coordinator • Joanne Ollson - AVP of Human Resources • Rivers Memorial Building • 413-782-1343 • Joanne.ollson@wne.edu Hypothetical 1 A student approaches their professor during office hours and asks to speak privately about an issue that the student faced at a party the past weekend. The professor welcomes the student in. The student reveals that they were raped by a fellow student while at a party. They reveal the name of the alleged rapist, their year at school, where the party was, what room the rape occurred in and that the student was drunk at the time of the rape. The student states they want the conversation to remain confidential. The professor says, “I’m so sorry for what you have gone through. Is there anything I can do?” The student says, “Do you know of anyone I can talk to?” The professor provides a list of resources with phone numbers, addresses, and emails and sends the student on their way. Correct Response The professor should: • Explain that they cannot guarantee confidentiality. If it continues to be an issue the professor should suggest the student talk to someone on campus that can maintain that confidentiality (the exceptions to the mandatory reporting). • File a report right away. • Provide the student a list of resources including the name of the universities Title IX Coordinator. • Explain to the student what the next steps will be after the report is filed. Hypothetical 2 A friend of a student approaches the resident advisor and says, “I would like to report an incident of what I believe to be sexual harassment; however, my friend didn’t want to report it. Actually they just want to forget the incident ever happened. Can I report this without you contacting my friend?” Correct Response The Resident Advisor should: • Tell the student about mandatory reporting and explain that confidentiality cannot be guaranteed. • Tell the student that the friend will have to be contacted to ensure that they are okay and to get additional information. • Explain the report can be made from a third party, but the alleged complainant will need to be contacted. Hypothetical 3 A commuter student has received an internship through Career Services. The student has noticed lately that their boss is making comments about their attire and how sexy they look. The student feels uncomfortable and now the comments include slight touching. The student decides to contact Career Services about their concerns. The Career Services employee is graceful, but doesn’t feel that they have to report the situation since it occurred off campus and the student lives off campus. The student is given a list of off campus resources and told they will try to find them an alternative internship. Correct Response Commuter students are protected by Title IX. Even though the internship is off campus it was offered through Career Services therefore it is a campus held event. The Career Services staff member should: • Report the situation. • Provide the student on-campus and off-campus resources. • Explain to the student what steps the University will take. Quiz • To complete your training please click on the link below and answer a few questions about Title IX. • https://www1.wne.edu/humanresources/titleIX