Transcript Title IX What is it? - Division of Student Affairs

Title IX Training
Division of Student Affairs
Presented By:
Jeanne Madorin, Title IX Coordinator
Dr. Michele Howard, Deputy Coordinator
Christine Reed Davis, Office of Student Conduct
Jeff Jensen, Office of Legal Affairs
Title IX
What is it?
Title IX of the Education Amendments of 1972:
“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
Requirements
•A school “shall designate at least one employee to
coordinate its efforts to comply with and carry out its
responsibilities” under the law, including the
investigation of complaints
•A school shall “notify all its students and employees
of the name, office address, and telephone number of
the employee(s) appointed…
34 CFR section 106.8(a)
Title IX
Coordinator
• Design, oversight, distribution, and implementation
of Title IX policies;
• Development and implementation of institutionwide educational programs, including Title IX
training;
• Oversight of all Title IX complaints, including:
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Grievance initiation
Interim measures (if necessary)
Grievance processing
Documentation and notice
Non-retaliation provisions
“Dear Colleague”
Letter - 2011
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Submitted by the Office of Civil Rights in April 2011
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Outlined the need for a national “call to action” regarding
statistics surrounding sexual violence:
 1 in 5 women are victims of completed or attempted sexual assault
while in college;
 6.1% of males were victims of completed or attempted sexual
assault during college;
 3,300 forcible sex offenses reported by college campuses in 2009;
 800 reported incidents of rape and attempted rape and
3,800 reported incidents of other sexual
batteries at public high schools (K-12).
“Dear Colleague”
Letter - 2011
• Provides guidance to schools regarding student-onstudent sexual violence and:
• Guidance on the unique concerns in sexual violence cases;
• School’s independent responsibility to investigate and
address;
• Interplay between Title IX, FERPA, and Clery Act as they
relate to the Complainant’s right to know the
outcome of the complaint;
•Role of criminal investigations.
“Dear Colleague”
Letter - 2011
• Provides recommendations on actions for
compliance:
 Guidance and examples about key Title IX requirements;
 Examples of remedies and enforcement strategies that
schools and Office of Civil Rights may use to respond to
sexual violence;
 Proactive efforts schools can take to prevent sexual
violence.
Obligations
Under Title IX
• Once a school knows or reasonably should know of
possible sexual violence, it must take immediate and
appropriate action to investigate.
- 60 calendar days to complete an investigation
• If sexual violence has occurred, prompt and
immediate steps to end the sexual violence, prevent
its recurrence, and address its effects
MUST be taken.
Obligations
Under Title IX
• Must take steps to protect the Complainant as
necessary, including interim steps taken prior to
the final outcome of the investigation.
• Provide a grievance procedure for students to file
complaints of sex discrimination, including
complaints of sexual violence.
• Equal opportunity for both parties to present
witnesses and other evidence.
Obligations
Under Title IX
• Grievance procedures must use the preponderance
of evidence standard to resolve complaints.
-“50% + a feather”
• Notify both parties of the outcome of the
complaint and appeal rights.
- Complainant and Accused have equal rights to
notification
- Each are informed of appeal rights
and action of the other person
Complaint
Procedures
• Student on student complaints are addressed in
the Interim Regulations on Student Sexual
Misconduct Complaints approved March 2012.
• An addendum to the general Code of Student
Responsibility.
• Outlines the following:
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Definitions of violations;
Timing of complaints (no time limitation);
Intake process of complaint;
Options for Complainant;
University conduct process
Violations
The following behavior, or an attempt to engage in the
following behavior, is subject to student conduct action:
• Committing Sexual Acts without Consent;
• Committing Sexual Contact without Consent;
• Committing Sexual Exhibitionism;
• Committing Sexual Exploitation; and/or
• Committing Sexual Harassment
Process
• Dean of Students Office receives a report
• Intake meeting scheduled with Complainant(s):
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Provide a general understanding of regulations;
Identify forms of support or immediate intervention;
Discuss accommodations that may be appropriate
regarding academic, University housing, and/or
University employment arrangements, No Contact
Orders;
Seek to determine if Complainant wishes to proceed
with conduct process or does not wish
to pursue resolution of any kind.
Process
If the Complainant does not wish to proceed …
Title IX requires that we investigate and “take reasonable
action” in response to the information provided.
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The Intake Officer must weigh the Complainant’s
request not to proceed or for confidentiality with:
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The seriousness of alleged sexual misconduct;
Whether there have been other sexual misconduct
complaints against the same Accused student;
The Accused student’s right to receive
information about the allegations
under FERPA
Process
If the Complainant does wish to proceed…
• Intake meeting scheduled with Accused Student(s):
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Inform the Accused of allegation of sexual misconduct;
Provide a general understanding of regulations;
Outline the investigation process;
Identify forms of support or immediate interventions.
• Intake Officer forwards the complaint and
summary information to the Director of Student
Conduct for formal investigation.
Investigation
If the Complainant does wish to proceed…
• Notice of Investigation is sent to Complainant(s)
and Accused Student(s)
• Conduct Investigation Team will contact the
Complainant(s), Accused Student(s), and any
relevant witnesses to participate in an investigation
interview
• Investigation Team will compile an Investigation
Report of findings
• Investigation Report will be shared
with both parties
Investigation
If the Complainant does wish to proceed…
• Accused Student(s) can be offered an informal
resolution by Investigation Team *not mediation*
• May accept resolution and waive hearing = no
appeal right for either party
- Complainant is informed of resolution
• May decline resolution and proceed to formal
conduct board hearing
- Complainant is informed of formal
board hearing process
Formal Hearing
If the Complainant does wish to proceed…
• Administrative Judicial Board hearing is scheduled
• Lead Investigator presents Investigation Report
• Complainant(s) provides testimony
• Accused Student provides testimony
• Board determines level of responsibility based on
preponderance of evidence
• Board determines appropriate sanction(s) if
Accused Student is found responsible
• Complainant may be present for
outcome and sanctioning
Formal Hearing
If the Complainant does wish to proceed…
• Both parties are notified in writing of the outcome
and sanctions
• Both parties have right to appeal the Board’s
decision based on:
- Violation of due process; or
- Material deviation from Substantive and
Procedural Standards
- NOT because they do not like the
sanctions assigned
Conduct Process
vs. Legal System
University Conduct Process
• Less formal process
• Standard of evidence = “more
likely than not”
• Determination of
responsibility for violation a
University policy
• Lesser burden of gathering
information and does not
have the same strict rules of
evidence or due process
• Found Responsible or Not
Responsible
Legal System
• Formal process
• Standard of evidence = “beyond
a reasonable doubt”
• Determination of responsibility
for violating a Federal, state or
local law
• Has strict evidence gathering
requirements and due process
• Found Guilty or
Innocent
Conduct Process
vs. Legal System
• University conduct action can be taken before criminal action has
been completed.
• Complainants have the right to file both criminal charges and
University conduct charges.
• The University conduct process is not a substitution for criminal
proceedings
• it can run parallel with it when there are overlapping charges.
• University conduct process is not “double jeopardy” because the
conduct process is administrative, versus the criminal process
• students have responsibilities to UNC Charlotte in addition to
those to society.
• Since both processes are different, there may
be different outcomes.
Reporting
• Students may report complaints of sexual misconduct
by another student to:
 Dean of Students Office
 Police & Public Safety
 Housing and Residence Life
 Title IX Coordinator
 Any staff or faculty member
• Complaints can be addressed between students
whether they occur on campus or
off campus
Reporting
What should you do?
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If a student reports to you that s/he has been involved in an
act of sexual violence or misconduct…the University has
been “placed on notice” per Title IX.
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There is an expectation to report the information to one or
more of the following:
- File an online Incident Report at incidentreport.uncc.edu
- Dr. Michele Howard, Dean of Students Office
- Jeanne Madorin, Human Resources Office
- Police and Public Safety
- Your supervisor
Reporting
What should you do?
• Get as much information as possible
What happened?
When did it happen?
Who else may have witnessed this?
• Confidentiality
Assure student you will keep information private to the
extent possible but DO NOT promise the student that you
will keep the information absolutely confidential
(unless you legally bound to provide
confidential services)
Reporting
What if the student clams up?
• Offer to go with the student to report their complaint.
• Let him/her know that the university doesn’t condone this
type of behavior and the effect it has on others.
• Tell him/her that you have an obligation to report what s/he
has told you.
• Inform the student that s/he will probably be contacted by
someone who works with these types of complaints so that
options are explained.
- The student can decide at that point if they want
to cooperate.
Reporting
What if you don’t believe the student?
It is best to allow an investigation to determine the
credibility of the complaint
- You will have an opportunity to give information regarding
the credibility of the individuals involved.
Resources
Where can you direct the student?
* Counseling Center (704-687-0311) can guarantee
confidentiality
* Student Health Center medical providers (704-687-7400) can guarantee confidentiality
* Jennifer Cook (704-687-7348) Student Health Center –
coordinates prevention and support services for
relationship violence, sexual assault and stalking
* Police and Public Safety (704-687-2200)
* Jeanne Madorin (704-687-0659)
* Michele Howard (704-687-0343)
* Kim Whitestone (704-687-4955)
What If….
• The Accused is a Faculty or Staff member?
• Report the issue through the Human Resources process.
• The student Complainant still has access to University resources.
• The Complainant is a non-student?
• The University regulations apply to student on student misconduct.
• The non-student Complainant should report the incident to the local
police in the area the incident occurred.
• The Accused is a non-student?
• The University regulations do not apply to non-students.
• The student Complainant should report the incident to local police
in the area the incident occurred.
• The student Complainant still has access to University
resources.
What If….
• The Complainant doesn’t want to make the report alone?
• Both the Complainant and the Accused have the right to have a
support person accompany him/her at any point throughout the
process, including during an Administrative Judicial Board hearing.
• The incident happened off campus?
• The Code of Student Responsibility and the Sexual Misconduct
Regulations can address both on and off campus behavior.
• The incident happened a long time ago?
• There is no “statute of limitations” on how long a Complainant has
to file a complaint.
• Sometimes it takes a person a while to feel comfortable coming
forward to make a complaint.
Doing Nothing
What if you don’t do anything??
• University’s Liability
- Attorney’s fees to defend
- Institutional time and effort to defend
- Publicity
- Reputation damage to University, college
and program
- Monetary judgments/fines
- Plaintiff’s attorney’s fees
Doing Nothing
What if you don’t do anything??
• Personal Liability
- Loss of responsibilities/employment status
- Personal liability
- Attorney’s fees for personal attorney
- Loss of reputation
- Time, effort and stress of defending lawsuit
- Depending on allegation, possible liability
Important
Policies
• Interim Regulations on Student Sexual Misconduct Complaints (student –
on-student sexual harassment)
http://legal.uncc.edu/sites/legal.uncc.edu/files/media/SexualMisconduct
Regs.pdf
• UP – 406 The Code of Student Responsibility http://legal.uncc.edu/policies/up-406
• UP – 403 Student Appeals and Grievances http://legal.uncc.edu/policies/up-403
• UP-502 Sexual Harassment Policy and Grievance Procedures http://legal.uncc.edu/policies/up-502
• UP – 101.3 Relationships between Students and Faculty Members or other
University Employees • http://legal.uncc.edu/policies/up-101.3
A Word About…
Consensual Relationships between Students
and Other University Employees
It is improper and professionally unethical for a faculty member,
instructional assistant, or other University employee to
participate in the instruction, evaluation, or supervision of a
student with whom there is an amorous relationship or familial
relationship.
* Evaluate or supervise means:
-To assess, determine or influence academic performance, progress,
potential or entitlement to University right, benefit or opportunity; or
-To oversee, manage, or direct one’s academic or
institutionally prescribed activities.
An Ounce of
Prevention…
• Model appropriate behavior.
• Remember that you are in a position of power.
• Inform students of proper behavior and intercede when
necessary.
• Provide information on policies and resources.
• Encourage students to help each other model
appropriate behavior and to come forward with
complaints.
• Be available and keep your eyes and ears open.
• Address issues as they occur.
An Ounce of
Prevention…
• Empower students and co-workers:
• It’s ok to tell someone that their attention or conduct
is offensive or unwelcome;
• Ask person to stop – make them aware of how their
actions are perceived.
• Be careful when using social media.
• Remember your role when attending or inviting students
to social functions.
• Do not put yourself in a compromising position.
Questions
&
Answers