Title IX

Our Community’s Responsibility for a Safer SEU

What is Title IX (and how does it involve me)?

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.”

What else does it mean then?

Title IX specifically states that if the institution knows or reasonably should know about a situation where a student was sexually harassed (and all the definitions to follow), the institution MUST act to eliminate the harassment, prevent its reoccurrence, and address its effects.

What does that mean for me? You = St. Ed’s As faculty at St. Edward’s University, if YOU know…St. Ed’s knows.

What am I supposed to pay attention to?

      Sexual harassment Sexual assault Stalking Dating or domestic violence Sex Offenses Hate crimes based in gender, gender identity or sexual orientation Any of these fall under sexual discrimination according to Title IX and are under the university’s purview as long as they involve someone in the St. Ed’s community (student, faculty, staff, guests) on St. Ed’s property or at a St. Ed’s function (including off campus).

Sexual Harassment

Verbal or physical conduct of a sexual or sexist nature that creates a hostile environment.    Directly or indirectly indicating a grade or promotion is based on someone’s agreement to date or provide sexual favors Talking about one’s sexual experiences in class lecture Soliciting information about a student’s sexual experiences or dating experiences

Sexual Assault

Any unwanted sexual contact (touching, kissing, fondling or intercourse) committed without consent of the individual or against an individual who cannot reasonably consent. Examples:  Touching or brushing up against someone in a sexual way  Continuing sexual contact past when the other person is participating  Intercourse or sexual touching with someone too intoxicated to object, blacked out or passed out

Let’s Talk Consent

Ongoing: Must seek consent for every step of sexual activity Active Agreement: Seek Nonverbal (active participation) Verbal Consent (Will you? Why yes!) Respectful and Honest It may be hard to give honest consent (even if both people are adults) in a situation where there is power differential, either with size or power to influence major parts of your life.

Consent can be revoked at any time.

Prior sexual contact does not imply consent.

Stalking

The term “stalking” means engaging in a course of conduct directed at a specific person that would cause a reasonable person to- (A) fear for his or her safety or the safety of others; or (B) suffer substantial emotional distress.

• Source – 42 USCS § 13925(a)    Calling or texting repeatedly when there is no reply Showing up at places randomly Contacting friends or family members for information about whereabouts or life details

Dating Violence

Violence committed by a person A) Who is or has been in a social relationship of a romantic or intimate nature with the victim B) Where the existence of such a relationship shall be determined based on a consideration of the following factors: i) length of relationship ii) type of relationship iii) frequency of interaction between persons involved in the relationship 42 USCS § 13925(a)    Pushing, shoving, or any other physical contact Controlling behavior through threats of violence, public embarrassment or social isolation Demeaning or embarrassing comments

Domestic (Family) Violence

Violence committed by a partner with whom the person is or has cohabitated with or share a child in common.

  Controlling behavior through threats related to child Controlling money or resources

Hate Crimes

An underlying crime (assault, graffiti) that is motivated by bias/prejudice • • • • • • • • with regards to: Actual or perceived race Gender Religion Sexual orientation Ethnicity Disability National origin Gender identity   Sexist or homophobic comments in class Hate speech written on public forum created for class, residence hall, etc.

How Often Does This Happen?

1 in 4 women & 1 in 7 men are victims of severe physical violence at the hands of an intimate partner 1 in 4 college women are victims of completed or attempted sexual assault.

34% of women of a traditional college age experience stalking.

30% of men of a traditional college age experience stalking.

(http://www.cdc.gov/violenceprevention/nisvs/index.html)

Dynamics to be aware of

Survivors of any of these crimes might react in a variety of ways *this does not discredit their statement* Survivors may consider the welfare of others (including the perpetrator) when deciding to report Our culture is saturated in myths surrounding interpersonal violence If you don’t keep your reactions in check, you may silence a survivor.

The Information The Complainant Needs

 You have to report.

“I really appreciate you sharing something so sensitive with me. I need to let you know that as a member of this community I am required to protect the safety of our SEU community, including you. Part of my responsibility in that is a requirement to report something of this nature to our campus Title IX Coordinator. Let me tell you a little more information about what that might mean for you so you can make the decisions you feel most comfortable with.”

The Information The Complainant Needs

Reporting Choices: Complainant can report to the University (Director of Human Resources or Associate Dean of Students)  Can refuse to participate in investigation that has been started Complainant can report to University Police or Austin Police Although these entities might work together, the investigations are separate and parallel processes.

What kinds of help are available?

 Counseling – Students, faculty and staff have a variety of options for counseling to help process their experience  Safety Planning and Emergency Housing – there are options on and off campus for a survivor to begin to feel more safe  Legal Help – Several advocate resources also serve as legal advocates

The Information The Complainant Needs

Resources for Support: Counseling * Legal * Safety Planning * Housing

Confidential Sources on Campus

Health & Counseling Center 512-448-8538 Campus Ministry priests 512-448-8499 SEU Employee EAP (800) 343-3822

Confidential Sources Off Campus

Safe Place 512-267-SAFE Saheli YWCA 877-281-8371 (512) 326-1222

Complaint against Student

Who do I report to?

Complaint against Faculty/Staff Any confusion about who to?

Associate Dean of Students Steven Pinkenburg, Title IX Deputy 512-448-8408 Mary Dellinger Human Resources 512-448-8542 Lisa Kirkpatrick Title IX Coordinator 512-448-8408

What happens next (University side)?

 Title IX Coordinator and other key campus offices will work to enact immediate remedies to ensure safety of the complainant and others • Housing • Class Schedules • No contact/protective orders  Title IX Investigators will begin to gather information, which may include talking to the survivor/complainant, the accused/respondent, any “witnesses”.

• Both parties are able to have an advisor (HCC advocate, attorney) present

What happens next (University side cont.)?

   Title IX investigators will simultaneously alert complainant and accused of steps taken in the process and the outcome, including sanctions Both the complainant and the accused are able to appeal The entire University process is to take no longer than 60 days (so action is quick)

What happens next (law enforcement)?

An officer will likely contact the student to gather more information and inquire about whether the student wants to press charges.

The student can decline to participate at all. Law enforcement may follow-up by questioning any witnesses or the alleged perpetrator depending on the information they have/get. Investigations where both Dean of Students and University Police are involved are done concurrently and collaboratively as much as possible.

Questions?